State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-05 > 32b-5-203-effective-07-01-11

32B-5-203 (Effective 07/01/11). Commission and department duties before issuing aretail license.
(1) (a) Before the commission may issue a retail license, the department shall conduct aninvestigation and may hold public hearings to gather information and make recommendations tothe commission as to whether a retail license should be issued.
(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 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 part under Chapter 6,Specific Retail License Act, for the type of retail license for which the person is applying;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the locality within which the proposed licensed premises is located,including:
(i) physical characteristics such as:
(A) condition of the licensed 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 of the type forwhich 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;
(e) consider the nature or type of retail licensee operation of the proposed retail licensee,including:
(i) the type of menu items that will be offered and emphasized;
(ii) whether the retail licensee 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.

Enacted by Chapter 276, 2010 General Session