Utah Code 32B-13-205. Commission and department duties before issuing beer wholesaling license
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 32B-13-205
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. 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- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. 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
(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.(1)(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 beer wholesaling license, the commission shall:(2)(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;(2)(c) consider the physical characteristics of the licensed premises where it is proposed that beer be stored by the person, such as:(2)(c)(i) location;(2)(c)(ii) proximity to transportation; and(2)(c)(iii) condition, size, and security of the licensed premises;(2)(d) consider the person’s ability to manage and operate a beer wholesaling operation, including:(2)(d)(i) management experience;(2)(d)(ii) past wholesaling experience;(2)(d)(iii) the brands the person intends to wholesale; and(2)(d)(iv) the means the person intends to use to distribute beer; and(2)(e) consider any other factor that the commission considers necessary. - Beer wholesaling license: means a license: