Utah Code 32B-7-404. Duties of commission and department before issuing off-premise beer retailer state license

32B-7-404. Duties of commission and department before issuing off-premise beer retailer state license.

(1)

Terms Used In Utah Code 32B-7-404

Beer: means a product that:

(i)

contains:

(A)

at least . See Utah Code 32B-1-102

Beer retailer: means a business that:

(a)	is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and

(b)

is licensed as:

(i)	an off-premise beer retailer, in accordance with 2; or

(ii)

an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102

Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102

Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102

License: means :

(a)	a retail license;

(b)	a sublicense;

(c)	a license issued in accordance with 4;

(d)	a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;

(e)	a license issued in accordance with Chapter 12, Liquor Warehousing License Act;

(f)	a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or

(g)

a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102

Off-premise beer retailer: means a beer retailer who is:

(i)	licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and

(ii)

engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102

Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102

Person: means :Utah Code 68-3-12.5

Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

Before the commission issues an off-premise beer retailer state license, the department shall conduct an investigation and may hold one or more public hearings to gather information and make recommendations to the commission regarding whether the commission should issue an off-premise beer retailer state license.

(b)	The department shall forward the information the department gathers and the department’s recommendations to the commission.

(2)

Before the commission issues an off-premise beer retailer state license, the commission shall:

(a)	determine that the person filed a complete application and is in compliance with the provisions of this chapter;

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

(c)	consider the physical characteristics of the premises where the beer is displayed; and

(d)	consider any other factor that the commission considers necessary.

Enacted by Chapter 455, 2017 General Session

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