32B-11-206. Duties of commission and department before issuing manufacturing license.

262 words·~1 min read·/ut/title-32b/chapter-11/32b-11-206

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(a)Before the commission may issue a manufacturing license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a manufacturing license should be issued.

(b)The department shall forward to the commission the information and recommendations under Subsection (1)(a) to aid in the commission's determination.

(2)Before issuing a manufacturing license, the commission shall:

(a)determine that the person filed a complete application and is in compliance with:

(i)Sections 32B-11-203 and 32B-11-205 ; and

(ii)the relevant part under this chapter for the specific type of manufacturing license;

(b)determine that the person is not disqualified under Section 32B-1-304 ;

(c)consider the physical characteristics of the premises where an alcoholic product is proposed to be stored, mixed, or manufactured such as:

(i)condition of the premises; and

(ii)safety and security considerations;

(d)consider the person's ability to properly use the manufacturing license within the requirements of this title and the commission rules including:

(i)manufacturing capacity;

(ii)extent of product distribution; and

(iii)the nature and type of entity making use of the manufacturing license;

(e)consider any special factor as provided in this chapter that may be unique to the specific type of manufacturing license sought by the person;

(f)approve of the location and equipment used by the person to manufacture an alcoholic product; and

(g)consider any other factor the commission considers necessary.

Enacted by Chapter 276 , 2010 General Session