2006 Utah Code - 32A-4-305 — Commission and department duties before granting licenses.

     32A-4-305.   Commission and department duties before granting licenses.
     (1) (a) Before a limited restaurant 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.
     (b) The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission's determination.
     (2) Before issuing any limited restaurant 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-4-302 and 32A-4-303;
     (b) determine that the application is complete;
     (c) consider the locality within which the proposed limited restaurant outlet is located, including:
     (i) physical characteristics such as:
     (A) the condition of the premises;
     (B) square footage; and
     (C) parking availability; and
     (ii) operational factors such as:
     (A) tourist traffic;
     (B) proximity to and density of other state stores, package agencies, and outlets;
     (C) demographics;
     (D) population to be served; and
     (E) the extent of and proximity to any school, church, public library, public playground, or park;
     (d) consider the applicant's ability to manage and operate a limited restaurant license, including:
     (i) management experience;
     (ii) past retail liquor experience; and
     (iii) the type of management scheme employed by the restaurant;
     (e) consider the nature or type of restaurant operation, including:
     (i) the type of menu items offered and emphasized;
     (ii) whether the restaurant emphasizes service to an adult clientele or to minors;
     (iii) the hours of operation;
     (iv) the seating capacity of the facility; and
     (v) the gross sales of food items; and
     (f) consider any other factors or circumstances the commission considers necessary.

Enacted by Chapter 314, 2003 General Session