2006 Utah Code - 32A-3-104 — Commission and department duties before establishing.

     32A-3-104.   Commission and department duties before establishing.
     (1) Before a package agency 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 a package agency, the commission shall:
     (a) determine that the applicant has complied with all basic qualifications and requirements for making application for a package agency as provided by Sections 32A-3-102 and 32A-3-103, and that the application is complete;
     (b) determine that the agency facility complies with all existing zoning ordinances of the locality where the agency will be located;
     (c) consider the locality within which the proposed package agency will be located, including but not limited to:
     (i) physical characteristics such as condition of the premises, square footage, parking, and delivery access; and
     (ii) 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 the extent of and proximity to educational, religious, and recreational facilities;
     (d) consider the applicant's ability to manage and operate a package agency, including but not limited to, management experience, past retail liquor experience, the type of establishment or business in which the agency may be located, hours of operation, and ability to maintain inventory levels as set by the department; and
     (e) consider any other factors or circumstances it considers necessary.

Amended by Chapter 4, 1993 General Session