2006 Utah Code - 32A-5-104 — Commission and department duties before granting licenses.

     32A-5-104.   Commission and department duties before granting licenses.
     (1) (a) Before a private club 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 private club 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-5-102 and 32A-5-103, and that the application is complete;
     (b) determine whether the applicant qualifies as a class A, B, C, or D private club licensee;
     (c) consider the locality within which the proposed private club outlet is located including:
     (i) physical characteristics such as:
     (A) 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 licensed 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 club management's ability to manage and operate a private club license, including management experience, past retail liquor experience, and the type of management scheme employed by the private club;
     (e) consider the nature or type of private club operation of the proposed liquor licensee, including the type of menu items offered and emphasized, the hours of operation, the seating capacity of the facility, and the gross sales of food items; and
     (f) consider any other factor or circumstance the commission considers necessary.

Amended by Chapter 314, 2003 General Session