32A-3-104 (Repealed 07/01/11) - Commission and department duties before establishing.
32A-3-104 (Repealed 07/01/11). Commission and department duties beforeestablishing.
(1) Before a package agency may be established by the commission, the department shallconduct an investigation and may hold public hearings for the purpose of gathering informationand making recommendations to the commission to assure appropriate service to the generalpopulation of the state. This information shall be forwarded to the commission to aid in itsdetermination.
(2) Before establishing a package agency, the commission shall:
(a) determine that the applicant has complied with all basic qualifications andrequirements for making application for a package agency as provided by Sections 32A-3-102and 32A-3-103, and that the application is complete;
(b) determine that the agency facility complies with all existing zoning ordinances of thelocality where the agency will be located;
(c) consider the locality within which the proposed package agency will be located,including but not limited to:
(i) physical characteristics such as condition of the premises, square footage, parking,and delivery access; and
(ii) operational factors such as tourist traffic, proximity to and density of other statestores, package agencies, and outlets, access to the public, proximity to residential communities,demographics, population to be served, the nature of surrounding establishments, and the extentof and proximity to educational, religious, and recreational facilities;
(d) consider the applicant's ability to manage and operate a package agency, includingbut not limited to, management experience, past retail liquor experience, the type ofestablishment or business in which the agency may be located, hours of operation, and ability tomaintain inventory levels as set by the department; and
(e) consider any other factors or circumstances it considers necessary.
Amended by Chapter 4, 1993 General Session
Repealed by Chapter 276, 2010 General Session