32A-10-204 (Repealed 07/01/11) - Commission and department duties before granting licenses. - Utah Statutes

32A-10-204 (Repealed 07/01/11). Commission and department duties beforegranting licenses.
(1) (a) Before an on-premise beer retailer license may be granted by the commission thedepartment shall conduct an investigation and may hold public hearings for the purpose ofgathering information and making recommendations to the commission as to whether or not alicense should 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 issuing an on-premise beer retailer license, the commission shall:
(a) determine that:
(i) the applicant has complied with all basic qualifications and requirements for makingapplication for a license as provided by Sections 32A-10-202 and 32A-10-203; and
(ii) the application is complete;
(b) consider the locality within which the proposed on-premise beer retailer outlet islocated including:
(i) physical characteristics such as:
(A) the condition of the premises;
(B) square footage; and
(C) parking availability; and
(ii) operational factors such as:
(A) tourist traffic;
(B) proximity to and density of other state stores, package agencies, and licensed outlets;
(C) demographics;
(D) population served; and
(E) the extent of and proximity to any community location;
(c) consider the applicant's ability to manage and operate an on-premise beer retailerlicense including:
(i) management experience;
(ii) past beer retailer experience; and
(iii) the type of management scheme employed by the outlet;
(d) consider the nature or type of beer retailer operation of the proposed licensee; and
(e) consider any other factors or circumstances the commission considers necessary.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session