1. (1)

   1. (a) Before the commission issues a special use permit, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a special use permit should be issued.
   2. (b) The department shall forward the information it gathers and its recommendations to the commission to aid in the commission's determination.

2. (2) Before issuing a special use permit, the commission shall:

   1. (a) determine that the person filed a complete application and is in compliance with:

      1. (i) Section 32B-10-202; and
      2. (ii) the relevant part under this chapter that applies to the special use permit for which the person is applying;
   2. (b) determine that the person is not disqualified under Section 32B-1-304;

   3. (c) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished such as:

      1. (i) the condition of the premises;
      2. (ii) public visibility; and
      3. (iii) safety considerations;

   4. (d) consider the person's ability to properly use the special use permit within the requirements of this title and the commission rules including:

      1. (i) the proposed use of the special use permit; and
      2. (ii) the nature and type of person making use of the special use permit;
   5. (e) consider specific factors regarding the specific type of special use permit sought by the person;
   6. (f) approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and
   7. (g) consider any other factor the commission considers necessary.

Enacted by Chapter 276, 2010 General Session