Current through the 2024 Fourth Special Session
Section 32B-12-205 - Duties of commission and department before issuing liquor warehousing license(1)(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: (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: (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 ,§ 31, eff. 5/5/2021.Enacted by Chapter 276, 2010 General Session.