32A-5-104 (Repealed 07/01/11) - Commission and department duties before granting licenses.
32A-5-104 (Repealed 07/01/11). Commission and department duties beforegranting licenses.
(1) (a) Before a club license may be granted by the commission, the department shallconduct an investigation and may hold public hearings for the purpose of gathering informationand making recommendations to the commission as to whether or not a club license should begranted.
(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 granting a club license, the commission shall:
(a) determine that:
(i) the applicant has complied with all basic qualifications and requirements for makingapplication for a club license as provided by Sections 32A-5-102 and 32A-5-103; and
(ii) the application is complete;
(b) determine the type of club license for which the applicant qualifies;
(c) consider the locality within which the proposed club license outlet is locatedincluding:
(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 licensed outlets;
(C) demographics;
(D) population to be served; and
(E) the extent of and proximity to any community location;
(d) consider the club license management's ability to manage and operate a club license,including:
(i) management experience;
(ii) past retail liquor experience; and
(iii) the type of management scheme employed by the club licensee;
(e) consider the nature or type of club operations of the proposed club licensee,including:
(i) the type of menu items offered and emphasized;
(ii) the hours of operation;
(iii) the seating capacity of the premises; and
(iv) the gross sales of food items; and
(f) consider any other factor or circumstance the commission considers necessary.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session