(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 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) 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 part under Chapter 6, Specific Retail License Act, for the type of retail license for which the person is applying;
2. (b) determine that the person is not disqualified under Section 32B-1-304;

3. (c) consider the locality within which the proposed licensed premises is located, including:

   1. (i) physical characteristics such as:

      1. (A) condition of the licensed 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 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;

5. (e) consider the nature or type of retail licensee 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 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.