1. (1)

   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.
   2. (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. (2) Before issuing a liquor warehousing license, the commission shall:

   1. (a) determine that the person filed a complete application and has complied with Sections 32B-12-202 and 32B-12-204;
   2. (b) determine that the person is not disqualified under Section 32B-1-304;

   3. (c) consider the physical characteristics of the premises where the person proposes to warehouse liquor, including:

      1. (i) location;
      2. (ii) proximity to transportation; and
      3. (iii) condition, size, and security of the licensed premises;

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

      1. (i) the types of products other than liquor that the person is warehousing;
      2. (ii) the brands of liquor the person intends to warehouse; and
      3. (iii) the means the person intends to use to distribute the liquor; and
   5. (e) consider any other factor the commission considers necessary.

3. (3) Before approving a liquor warehousing licensee's request to change the location of the licensee's warehouse facility, the commission shall:

   1. (a) determine that the licensee filed a complete change of location application;

   2. (b) consider the physical characteristics of the premises where the licensee proposes to warehouse liquor, including:

      1. (i) location;
      2. (ii) proximity to transportation; and
      3. (iii) condition, size, and security of the licensed premises; and
   3. (c) consider any other factor the commission considers necessary.

Amended by Chapter 291, 2021 General Session