2006 Utah Code - 32A-2-102 — State store -- Commission and department duties before establishing.

     32A-2-102.   State store -- Commission and department duties before establishing.
     (1) Before a state store may be established by the commission, the department shall conduct an investigation and may hold public hearings for the purpose of gathering information and making recommendations to the commission to assure appropriate service to the general population of the state. This information shall be forwarded to the commission to aid in its determination.
     (2) Before establishing any state store, the commission shall:
     (a) determine that the local governing authority of the locality where the store will be located has been consulted;
     (b) determine that the store complies with all existing zoning ordinances of the locality where the store will be located;
     (c) consider the locality within which the proposed state store will be located including, but not limited to:
     (i) economic factors such as bid price, lease terms, operating costs, and local taxes;
     (ii) physical characteristics such as condition of the premises, space availability, parking, common areas, conformance to building and safety codes, delivery access, and expandability; and
     (iii) operational factors such as tourist traffic, proximity to and density of other state stores, package agencies, and outlets, access to the public, proximity to residential communities, demographics, population to be served, the nature of surrounding establishments, and proximity to educational, religious, and recreational facilities; and
     (d) consider any other factor or circumstance it considers necessary.

Renumbered and Amended by Chapter 23, 1990 General Session