32B-13-205. Commission and department duties before issuing beer wholesaling license.

212 words·~1 min read·/ut/title-32b/chapter-13/32b-13-205

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(a)Before the commission may issue a beer wholesaling 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 beer wholesaling license should be issued.

(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 beer wholesaling license, the commission shall:

(a)determine that the person filed a complete application and is in compliance with Sections 32B-13-202 and 32B-13-204 ;

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

(c)consider the physical characteristics of the licensed premises where it is proposed that beer be stored by the person, such as:

(i)location;

(ii)proximity to transportation; and

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

(d)consider the person's ability to manage and operate a beer wholesaling operation, including:

(i)management experience;

(ii)past wholesaling experience;

(iii)the brands the person intends to wholesale; and

(iv)the means the person intends to use to distribute beer; and

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

Enacted by Chapter 276 , 2010 General Session