32B-12-205 (Effective 07/01/11) - Duties of commission and department before issuing liquor warehousing license.
32B-12-205 (Effective 07/01/11). Duties of commission and department beforeissuing liquor warehousing license.
(1) (a) Before the commission may issue a warehousing license, the department shallconduct an investigation and may hold public hearings to gather information and makerecommendations to the commission as to whether a liquor warehousing license should beissued.
(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 liquor warehousing license, the commission shall:
(a) determine that the person filed a complete application and has complied with Sections32B-12-202 and 32B-12-204;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where it is proposed that liquorbe warehoused, such as:
(i) location;
(ii) proximity to transportation; and
(iii) condition, size, and security of the licensed premises;
(d) consider the person's ability to properly use the liquor warehousing license within therequirements of this title and the commission rules including:
(i) the types of products other than liquor that the person is warehousing;
(ii) the brands of liquor the person intends to warehouse; and
(iii) the means the person intends to use to distribute the liquor; and
(e) consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session