2006 Utah Code - 32A-4-104 — Commission and department duties before granting licenses.

     32A-4-104.   Commission and department duties before granting licenses.
     (1) Before a restaurant liquor license may be granted 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 as to whether or not a license should be granted. This information shall be forwarded to the commission to aid in its determination.
     (2) Before issuing any restaurant liquor license, the commission shall:
     (a) determine that the applicant has complied with all basic qualifications and requirements for making application for a license as provided by Sections 32A-4-102 and 32A-4-103, and that the application is complete;
     (b) consider the locality within which the proposed restaurant liquor outlet is located, including but not limited to:
     (i) physical characteristics such as condition of the premises, square footage, and parking availability; and
     (ii) operational factors such as tourist traffic, proximity to and density of other state stores, package agencies, and outlets, demographics, population to be served, and the extent of and proximity to any school, church, public library, public playground, or park;
     (c) consider the applicant's ability to manage and operate a restaurant liquor license, including but not limited to management experience, past retail liquor experience, and the type of management scheme employed by the restaurant;
     (d) consider the nature or type of restaurant operation of the proposed liquor licensee, including but not limited to, the type of menu items offered and emphasized, whether the restaurant emphasizes service to an adult clientele or to minors, the hours of operation, the seating capacity of the facility, and the gross sales of food items; and
     (e) consider any other factors or circumstances it considers necessary.

Renumbered and Amended by Chapter 23, 1990 General Session