32A-8-104 (Repealed 07/01/11) - Duties of commission and department before issuing licenses.
32A-8-104 (Repealed 07/01/11). Duties of commission and department beforeissuing licenses.
(1) Before any alcoholic beverage manufacturing license may be granted by thecommission, the department shall conduct an investigation and may hold public hearings for thepurpose of gathering information and making recommendations to the commission as to whetheror not a license should be granted. This information shall be forwarded to the commission to aidin its determination.
(2) Before issuing any alcoholic beverage manufacturing 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-8-102 and 32A-8-103, and that the application is complete;
(b) consider the applicant's ability to properly utilize the manufacturing license within therestrictions of this title and the commission rules including, but not limited to, manufacturingcapacity, extent of product distribution, and the nature and type of organization making use of thelicense;
(c) consider the physical characteristics of the premises where alcoholic beverages areproposed to be manufactured, mixed, or stored, such as condition of the premises and safety andsecurity considerations;
(d) consider any special factors or circumstances as provided in this chapter that may beunique to the specific type of license sought by the applicant;
(e) approve of the location and equipment utilized by the applicant to manufacturealcoholic beverages; and
(f) consider any other factors or circumstances it considers necessary.
Renumbered and Amended by Chapter 23, 1990 General Session
Repealed by Chapter 276, 2010 General Session