Duties of commission and department before issuing manufacturing license.

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  • (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.




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