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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.
Amended by Chapter 219, 2020 General Session
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;
- (i) physical characteristics such as:
- (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.
- (a) determine that the person filed a complete application and is in compliance with:
- (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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