2006 Utah Code - 32A-6-104 — Duties of commission and department before issuing permits.

     32A-6-104.   Duties of commission and department before issuing permits.
     (1) Before any special use permit is issued by the commission, the department shall conduct an investigation for the purpose of gathering information and making recommendations to the commission as to the issuance of the permit. The information shall be forwarded to the commission to aid in its determination.
     (2) Before issuing any special use permit, the commission shall:
     (a) determine that the applicant has complied with all basic qualifications and requirements for making application for a permit, as provided by Sections 32A-6-102 and 32A-6-103, and that the application is complete;
     (b) consider the applicant's ability to properly utilize the special use permit within the restrictions of this title and the commission rules including, but not limited to, the proposed use of the permit, and the nature and type of organization making use of the permit;
     (c) consider the physical characteristics of the premises where alcoholic products are proposed to be stored, used, mixed, or sold, such as the condition of the premises, public visibility, and safety considerations;
     (d) consider specific factors or circumstances regarding the specific type of permit sought by the applicant;
     (e) approve of the location and equipment utilized by the applicant to distill alcohol for experimental testing purposes or use as a fuel; and
     (f) consider any other factors or circumstances it considers necessary.

Renumbered and Amended by Chapter 23, 1990 General Session

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