32A-4-104 (Repealed 07/01/11) - Commission and department duties before granting licenses.
32A-4-104 (Repealed 07/01/11). Commission and department duties beforegranting licenses.
(1) (a) Before a restaurant liquor license may be granted by the commission, thedepartment shall conduct an investigation and may hold public hearings for the purpose ofgathering information and making recommendations to the commission as to whether or not alicense should be granted.
(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 restaurant liquor license, the commission shall:
(a) determine that:
(i) the applicant has complied with all basic qualifications and requirements for makingapplication for a license as provided by Sections 32A-4-102 and 32A-4-103; and
(ii) the application is complete;
(b) consider the locality within which the proposed restaurant liquor outlet is located,including:
(i) physical characteristics such as:
(A) condition of the premises;
(B) square footage; and
(C) parking availability; and
(ii) operational factors such as:
(A) tourist traffic;
(B) proximity to and density of other state stores, package agencies, and outlets;
(C) demographics;
(D) population to be served; and
(E) the extent of and proximity to any community location;
(c) consider the applicant's ability to manage and operate a restaurant liquor license,including:
(i) management experience;
(ii) past retail liquor experience; and
(iii) the type of management scheme employed by the restaurant;
(d) consider the nature or type of restaurant operation of the proposed liquor licensee,including:
(i) the type of menu items offered and emphasized;
(ii) whether the restaurant emphasizes service to an adult clientele or to minors;
(iii) the hours of operation;
(iv) the seating capacity of the facility; and
(v) the gross sales of food items; and
(e) consider any other factors or circumstances the commission considers necessary.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session