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

(1)

(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