Duties of commission and department before issuing liquor warehousing license.
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(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:
(i) location;
(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:
(i) location;
(ii) proximity to transportation; and
(iii) condition, size, and security of the licensed premises; and
(c) consider any other factor the commission considers necessary.