32A-9-104 (Repealed 07/01/11) - Duties of commission and department before issuing licenses.
32A-9-104 (Repealed 07/01/11). Duties of commission and department beforeissuing licenses.
(1) Before any warehousing license is issued by the commission, the department shallconduct an investigation for the purpose of gathering information and making recommendationsto the commission as to the issuance of the license. The information shall be forwarded to thecommission to aid in its determination.
(2) Before issuing any warehousing license, the commission shall:
(a) determine that the applicant has complied with all license qualifications andrequirements for making application for a license, as provided by Sections 32A-9-102 and 32A-9-103, and that the application is complete;
(b) consider the applicant's ability to properly utilize the warehousing license within therestrictions of this title and the commission rules including, but not limited to, the types of anyproducts other than liquor that the applicant is presently warehousing, the brands of liquor theapplicant intends to warehouse, and the means the applicant intends to use to distribute theliquor;
(c) consider the physical characteristics of the premises where it is proposed that liquorbe warehoused, such as location, proximity to transportation, and condition, size, and security ofthe premises; and
(d) 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Repealed by Chapter 276, 2010 General Session