State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-10 > 32b-10-204-effective-07-01-11

32B-10-204 (Effective 07/01/11). Duties of commission and department beforeissuing special use permit.
(1) (a) Before the commission issues a special use permit, the department shall conductan investigation and may hold public hearings to gather information and make recommendationsto the commission as to whether a special use permit should be issued.
(b) The department shall forward the information it gathers and its recommendations tothe commission to aid in the commission's determination.
(2) Before issuing a special use permit, the commission shall:
(a) determine that the person filed a complete application and is in compliance with:
(i) Section 32B-10-202; and
(ii) the relevant part under this chapter that applies to the special use permit for which theperson is applying;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where an alcoholic product isproposed to be used, mixed, stored, sold, offered for sale, or furnished such as:
(i) the condition of the premises;
(ii) public visibility; and
(iii) safety considerations;
(d) consider the person's ability to properly use the special use permit within therequirements of this title and the commission rules including:
(i) the proposed use of the special use permit; and
(ii) the nature and type of person making use of the special use permit;
(e) consider specific factors regarding the specific type of special use permit sought bythe person;
(f) approve of the location and equipment used by the person to distill alcohol forexperimental testing purposes or use as a fuel; and
(g) consider any other factor the commission considers necessary.

Enacted by Chapter 276, 2010 General Session