32B-12-205. Duties of commission and department before issuing liquor warehousing license.

315 words·~1 min read·/ut/title-32b/chapter-12/32b-12-205·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(a)Before the commission may issue a warehousing license or approve a change of location for a licensee's warehouse facility, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a liquor warehousing license should be issued or a change of location granted.

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

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

(a)determine that the person filed a complete application and has complied with Sections 32B-12-202 and 32B-12-204 ;

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

(c)consider the physical characteristics of the premises where the person proposes to warehouse liquor, including:

(i)location;

(ii)proximity to transportation; and

(iii)condition, size, and security of the licensed premises;

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

(i)the types of products other than liquor that the person is warehousing;

(ii)the brands of liquor the person intends to warehouse; and

(iii)the means the person intends to use to distribute the liquor; and

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

(3)Before approving a liquor warehousing licensee's request to change the location of the licensee's warehouse facility, the commission shall:

(a)determine that the licensee filed a complete change of location application;

(b)consider the physical characteristics of the premises where the licensee proposes to warehouse liquor, including:

(i)location;

(ii)proximity to transportation; and

(iii)condition, size, and security of the licensed premises; and

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

Amended by Chapter 291 , 2021 General Session