Present law provides that an individual may be eligible for a server permit by completing an application for a permit if the applicant demonstrates to the alcoholic beverage commission that the applicant meets certain requirements, including the following:
(1) The applicant has not been convicted of a felony offense involving theft, dishonesty, deceit, or intoxication within the previous eight years;
(2) The applicant has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues or a sex-related crime or embezzlement within the previous eight years;
(3) The applicant has not had a server permit or a similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous five years; and
(4) The applicant has not had an ownership interest in a licensee or permittee, licensed or permitted pursuant to state law, that has had its license or permit revoked by the issuing authority within the previous eight years.
This bill revises (1)-(3) in the following ways:
(1) It deletes (1) above and provides, instead, that the applicant has not been convicted of a felony offense involving the use or threat of violence to a human being within the previous four years;
(2) It removes the conviction of a sex-related crime or embezzlement within the previous eight years from (2) above and provides, instead, that the applicant has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four years; and
(3) It changes the applicable revocations in (3) above to those within the previous four years, instead of the previous five years.
ON MARCH 30, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 160, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Requires an applicant to not have been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four years;
(2) Requires an applicant to not have been convicted of a sex-related crime within the previous four years; and
(3) Revises the provision that requires an applicant to not have had an ownership interest in any licensee or permittee, licensed or permitted pursuant to state law, that has had its license or permit revoked by the issuing authority within the previous eight years by lowering that time period to within the previous four years.
ON APRIL 13, 2023, THE SENATE SUBSTITUTED HOUSE BILL 160 FOR SENATE BILL 161, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 160, AS AMENDED.
AMENDMENT #1 makes conviction of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight years a disqualifying conviction for issuance of a server permit.
Statutes affected: Introduced: 57-3-704(a)(3), 57-3-704
Amended with HA0095 -- 03/30/2023: 57-3-704(a)(3), 57-3-704
Amended with HA0095, SA0425 -- 04/13/2023: 57-3-704(a)(3), 57-3-704