1. (1)

   1. (a) Before the commission may issue a beer wholesaling 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 beer wholesaling license should be issued.
   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 beer wholesaling license, the commission shall:

   1. (a) determine that the person filed a complete application and is in compliance with Sections 32B-13-202 and 32B-13-204;
   2. (b) determine that the person is not disqualified under Section 32B-1-304;

   3. (c) consider the physical characteristics of the licensed premises where it is proposed that beer be stored by the person, such as:

      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 manage and operate a beer wholesaling operation, including:

      1. (i) management experience;
      2. (ii) past wholesaling experience;
      3. (iii) the brands the person intends to wholesale; and
      4. (iv) the means the person intends to use to distribute beer; and
   5. (e) consider any other factor that the commission considers necessary.

Enacted by Chapter 276, 2010 General Session