2020 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 5 - Retail License Act
Part 2 - Retail Licensing Process
Section 203 - Commission and department duties before issuing a retail license.

Universal Citation: UT Code § 32B-5-203 (2020)
Effective 5/12/2020
32B-5-203. Commission and department duties before issuing a retail license.
  • (1)
    • (a) Before the commission may issue a retail license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a retail license and, if applicable, each accompanying sublicense should be issued.
    • (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 a retail license, the commission shall:
    • (a) determine that the person filed a complete application and is in compliance with:
      • (i) Section 32B-5-201; and
      • (ii) the specific licensing requirements specified in the relevant chapter or part for the type of retail license for which the person is applying;
    • (b) determine that the person and, if applicable, each of the person's accompanying sublicenses is not disqualified under Section 32B-1-304;
    • (c) consider the locality within which the proposed licensed premises and, if applicable, each proposed sublicensed premises is located, including:
      • (i) physical characteristics such as:
        • (A) condition of the licensed or sublicensed premises;
        • (B) square footage; and
        • (C) parking availability; and
      • (ii) operational factors such as:
        • (A) tourist traffic;
        • (B) demographics;
        • (C) population to be served;
        • (D) proximity to and density of other state stores, package agencies, and retail licensees; and
        • (E) the extent of and proximity to any community location;
    • (d) consider the person's ability to manage and operate a retail license, and if applicable the ability of each individual who will act in a supervisory or managerial capacity for each accompanying sublicense to supervise or manage a sublicense, of the type for which the person is applying, including:
      • (i) management experience;
      • (ii) past retail alcoholic product experience; and
      • (iii) the type of management scheme to be used by the retail licensee or accompanying sublicensee;
    • (e) consider the nature or type of retail licensee operation, and if applicable each proposed accompanying sublicensee's operation, of the proposed retail licensee, including:
      • (i) the type of menu items that will be offered and emphasized;
      • (ii) whether the retail licensee or the retail licensee's accompanying sublicensee will emphasize service to an adult clientele or to minors;
      • (iii) the proposed hours of operation;
      • (iv) the seating capacity of the premises; and
      • (v) the estimated gross sales of food items; and
    • (f) consider any other factor the commission considers necessary.
  • (3) The commission shall determine whether an applicant under this section has an adequate kitchen or culinary facilities by considering:
    • (a) the type of retail license or sublicense for which the person is applying;
    • (b) the purpose of the proposed retail license or sublicense; and
    • (c) the locality within which the proposed licensed or sublicensed premises is located.

Amended by Chapter 219, 2020 General Session
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