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2018 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 10 - Special Use Permit Act
Part 2 - Special Use Permitting General Provisions
Section 204 - Duties of commission and department before issuing special use permit.
Universal Citation: UT Code § 32B-10-204 (2018)
32B-10-204. Duties of commission and department before issuing special use permit.
Enacted by Chapter 276, 2010 General Session
- (1)
- (a) Before the commission issues a special use permit, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a special use permit should be issued.
- (b) The department shall forward the information it gathers and its recommendations to the commission to aid in the commission's determination.
- (2) Before issuing a special use permit, the commission shall:
- (a) determine that the person filed a complete application and is in compliance with:
- (i) Section 32B-10-202; and
- (ii) the relevant part under this chapter that applies to the special use permit for which the person is applying;
- (b) determine that the person is not disqualified under Section 32B-1-304;
- (c) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished such as:
- (i) the condition of the premises;
- (ii) public visibility; and
- (iii) safety considerations;
- (d) consider the person's ability to properly use the special use permit within the requirements of this title and the commission rules including:
- (i) the proposed use of the special use permit; and
- (ii) the nature and type of person making use of the special use permit;
- (e) consider specific factors regarding the specific type of special use permit sought by the person;
- (f) approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and
- (g) consider any other factor the commission considers necessary.
- (a) determine that the person filed a complete application and is in compliance with:
Enacted by Chapter 276, 2010 General Session
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