32B-10-204. Duties of commission and department before issuing special use permit.
(1) 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. 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: determine that the person filed a complete application and is in compliance with: Section; and 32B-10-202 the relevant part under this chapter that applies to the special use permit for which the person is applying; determine that the person is not disqualified under Section; 32B-1-304 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: the condition of the premises; public visibility; and safety considerations; consider the person's ability to properly use the special use permit within the requirements of this title and the commission rules including: the proposed use of the special use permit; and the nature and type of person making use of the special use permit; consider specific factors regarding the specific type of special use permit sought by the person; approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and consider any other factor the commission considers necessary.