32B-12-205 (Effective 07/01/11).    Duties of commission and department beforeissuing liquor warehousing license.      (1) (a)  Before the commission may issue a warehousing license, the department shallconduct an investigation and may hold public hearings to gather information and makerecommendations to the commission as to whether a liquor warehousing license should beissued.
      (b)  The department shall forward the information and recommendations described inSubsection (1)(a) to the commission to aid in the commission's determination.
      (2)  Before issuing a liquor warehousing license, the commission shall:
      (a)  determine that the person filed a complete application and has complied with Sections
32B-12-202 and 
32B-12-204;
      (b)  determine that the person is not disqualified under Section 
32B-1-304;
      (c)  consider the physical characteristics of the premises where it is proposed that liquorbe warehoused, such as:
      (i)  location;
      (ii)  proximity to transportation; and
      (iii)  condition, size, and security of the licensed premises;
      (d)  consider the person's ability to properly use the liquor warehousing license within therequirements of this title and the commission rules including:
      (i)  the types of products other than liquor that the person is warehousing;
      (ii)  the brands of liquor the person intends to warehouse; and
      (iii)  the means the person intends to use to distribute the liquor; and
      (e)  consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session