1. (1)

   1. (a) Before the commission may issue a retail 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 retail license and, if applicable, each accompanying sublicense 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 retail license, the commission shall:

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

      1. (i) Section 32B-5-201; and
      2. (ii) the specific licensing requirements specified in the relevant chapter or part for the type of retail license for which the person is applying;
   2. (b) determine that the person and, if applicable, each of the person's accompanying sublicenses is not disqualified under Section 32B-1-304;

   3. (c) consider the locality within which the proposed licensed premises and, if applicable, each proposed sublicensed premises is located, including:

      1. (i) physical characteristics such as:

         1. (A) condition of the licensed or sublicensed premises;
         2. (B) square footage; and
         3. (C) parking availability; and

      2. (ii) operational factors such as:

         1. (A) tourist traffic;
         2. (B) demographics;
         3. (C) population to be served;
         4. (D) proximity to and density of other state stores, package agencies, and retail licensees; and
         5. (E) the extent of and proximity to any community location;

   4. (d) consider the person's ability to manage and operate a retail license, and if applicable the ability of each individual who will act in a supervisory or managerial capacity for each accompanying sublicense to supervise or manage a sublicense, of the type for which the person is applying, including:

      1. (i) management experience;
      2. (ii) past retail alcoholic product experience; and
      3. (iii) the type of management scheme to be used by the retail licensee or accompanying sublicensee;

   5. (e) consider the nature or type of retail licensee operation, and if applicable each proposed accompanying sublicensee's operation, of the proposed retail licensee, including:

      1. (i) the type of menu items that will be offered and emphasized;
      2. (ii) whether the retail licensee or the retail licensee's accompanying sublicensee will emphasize service to an adult clientele or to minors;
      3. (iii) the proposed hours of operation;
      4. (iv) the seating capacity of the premises; and
      5. (v) the estimated gross sales of food items; and
   6. (f) consider any other factor the commission considers necessary.

3. (3) The commission shall determine whether an applicant under this section has an adequate kitchen or culinary facilities by considering:

   1. (a) the type of retail license or sublicense for which the person is applying;
   2. (b) the purpose of the proposed retail license or sublicense; and
   3. (c) the locality within which the proposed licensed or sublicensed premises is located.

Amended by Chapter 219, 2020 General Session