2006 Utah Code - 32A-10-204 — Commission and department duties before granting licenses.

     32A-10-204.   Commission and department duties before granting licenses.
     (1) Before an on-premise beer retailer 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 an on-premise beer retailer 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-10-202 and 32A-10-203, and that the application is complete;
     (b) consider the locality within which the proposed on-premise beer retailer 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 licensed outlets, demographics, population 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 an on-premise beer retailer license including, but not limited to, management experience, past beer retailer experience, and the type of management scheme employed by the outlet;
     (d) consider the nature or type of beer retailer operation of the proposed licensee; and
     (e) consider any other factors or circumstances it considers necessary.

Amended by Chapter 5, 1991 General Session