32B-11-206 (Effective 07/01/11) - Duties of commission and department before issuing manufacturing license.
32B-11-206 (Effective 07/01/11). Duties of commission and department beforeissuing manufacturing license.
(1) (a) Before the commission may issue a manufacturing license, the department shallconduct an investigation and may hold public hearings to gather information and makerecommendations to the commission as to whether a manufacturing license should be issued.
(b) The department shall forward to the commission the information andrecommendations under Subsection (1)(a) to aid in the commission's determination.
(2) Before issuing a manufacturing license, the commission shall:
(a) determine that the person filed a complete application and is in compliance with:
(i) Sections 32B-11-203 and 32B-11-205; and
(ii) the relevant part under this chapter for the specific type of manufacturing license;
(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 stored, mixed, or manufactured such as:
(i) condition of the premises; and
(ii) safety and security considerations;
(d) consider the person's ability to properly use the manufacturing license within therequirements of this title and the commission rules including:
(i) manufacturing capacity;
(ii) extent of product distribution; and
(iii) the nature and type of entity making use of the manufacturing license;
(e) consider any special factor as provided in this chapter that may be unique to thespecific type of manufacturing license sought by the person;
(f) approve of the location and equipment used by the person to manufacture an alcoholicproduct; and
(g) consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session