Utah Code 32B-10-204. Duties of commission and department before issuing special use permit
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Terms Used In Utah Code 32B-10-204
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102 - Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- special use permit: means a special use permit issued under this chapter, including:
(1) a religious wine use permit;(2) an industrial or manufacturing use permit;(3) a scientific or educational use permit; and(4) a public service permit. See Utah Code 32B-10-102(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.(1)(b) The department shall forward the information it gathers and its recommendations to the commission to aid in the commission’s determination.(2) Before issuing a special use permit, the commission shall:(2)(a) determine that the person filed a complete application and is in compliance with:(2)(a)(i) Section 32B-10-202; and(2)(a)(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;(2)(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:(2)(c)(i) the condition of the premises;(2)(c)(ii) public visibility; and(2)(c)(iii) safety considerations;(2)(d) consider the person’s ability to properly use the special use permit within the requirements of this title and the commission rules including:(2)(d)(i) the proposed use of the special use permit; and(2)(d)(ii) the nature and type of person making use of the special use permit;(2)(e) consider specific factors regarding the specific type of special use permit sought by the person;(2)(f) approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and(2)(g) consider any other factor the commission considers necessary.