Current through the 2024 Fourth Special Session
Section 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.Enacted by Chapter 276, 2010 General Session.