32A-4-404 (Repealed 07/01/11) - Commission and department duties before granting licenses.
32A-4-404 (Repealed 07/01/11). Commission and department duties beforegranting licenses.
(1) (a) Before an on-premise banquet 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 anon-premise banquet license 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 an on-premise banquet license, the commission shall:
(a) determine that the applicant has complied with all basic qualifications andrequirements for making application for a license as provided by Sections 32A-4-402 and32A-4-403;
(b) determine that the application is complete;
(c) consider, where appropriate, the locations the on-premise banquet license applicantproposes to designate for use under an on-premise banquet license, including:
(i) the physical characteristics of the locations such as:
(A) the condition of the premises;
(B) square footage; and
(C) parking availability; and
(ii) operational factors such as:
(A) tourist traffic;
(B) demographics; and
(C) population to be served;
(d) consider the applicant's ability to manage and operate an on-premise banquet license,including:
(i) past management experience;
(ii) past alcohol license experience; and
(iii) the type of management scheme to be employed by the on-premise banquet licenseapplicant;
(e) consider the nature or type of the on-premise banquet license applicant's businessoperation; and
(f) consider any other factors or circumstances the commission considers necessary.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 314, 2003 General Session