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.
- (a) determine that the person filed a complete application and is in compliance with:
Enacted by Chapter 276, 2010 General Session