32A-4a-304 (Repealed 07/01/11) - Commission and department duties before granting a resort spa sublicense. - Utah Statutes

32A-4a-304 (Repealed 07/01/11). Commission and department duties beforegranting a resort spa sublicense.
(1) (a) If a resort licensee seeks to add a resort spa sublicense after the resort license isgranted, before the commission may grant a resort spa sublicense, the department shall conductan investigation and may hold public hearings for the purpose of gathering information andmaking recommendations to the commission as to whether or not the resort spa sublicenseshould be granted.
(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 granting a resort spa sublicense, the commission shall:
(a) determine that:
(i) the resort licensee seeking the resort spa sublicense has complied with all basicqualifications and requirements for making application for a resort spa sublicense as provided bySections 32A-4a-302 and 32A-4a-303; and
(ii) the application is complete;
(b) consider the location within which the resort spa outlet is located, including:
(i) physical characteristics such as:
(A) condition of the location;
(B) square footage; and
(C) parking availability; and
(ii) operational factors such as:
(A) tourist traffic;
(B) demographics;
(C) population to be served; and
(D) the extent of and proximity to any community location;
(c) consider the resort licensee's ability to manage and operate a resort spa sublicense andthe ability of any person who will act in a supervisory or managerial capacity for the resort spa tomanage and operate a resort spa license, including:
(i) management experience;
(ii) past retail liquor experience; and
(iii) the type of management scheme employed by the resort spa;
(d) consider the nature or type of resort spa operation under the proposed resort spasublicense, including:
(i) the type of menu items offered and emphasized;
(ii) whether the resort spa emphasizes service to an adult clientele or minors;
(iii) the hours of operation;
(iv) the seating capacity of the resort spa; and
(v) the gross sales of food items; and
(e) consider any other factors or circumstances the commission considers necessary.

Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session