§ 32B-2-603. Commission and department duties before issuing a package agency.

(1)

(a) Before the commission may issue a package agency, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission to assure appropriate service to the general population of the state.

(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 package agency, the commission shall:

(a) determine that the person filed a complete application and is in compliance with Section 32B-2-602;

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

(c) determine that the package agency premises complies with the zoning ordinances of the locality where the package agency will be located;

(d) consider the locality within which the proposed package agency will be located, including:

(i) physical characteristics, such as:

(A) condition of the premises;

(B) square footage;

(C) parking; and

(D) delivery access; and

(ii) operational factors, such as:

(A) tourist traffic;

(B) access to the public;

(C) demographics;

(D) population to be served;

(E) the nature of surrounding establishments;

(F) proximity to and density of other state stores, package agencies, and retail licensees;

(G) proximity to residential communities; and

(H) the extent of and proximity to educational, religious, and recreational facilities;

(e) consider the person's ability to manage and operate a package agency, including:

(i) management experience;

(ii) past retail liquor experience;

(iii) the type of establishment or business in which the package agency may be located;

(iv) hours of operation; and

(v) ability to maintain inventory levels as set by the department; and

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

Enacted by Chapter 276, 2010 General Session