32A-2-102 (Repealed 07/01/11) - State store -- Commission and department duties before establishing.
32A-2-102 (Repealed 07/01/11). State store -- Commission and department dutiesbefore establishing.
(1) Before a state store may be established by the commission, the department shallconduct an investigation and may hold public hearings for the purpose of gathering informationand making recommendations to the commission to assure appropriate service to the generalpopulation of the state. This information shall be forwarded to the commission to aid in itsdetermination.
(2) Before establishing any state store, the commission shall:
(a) determine that the local governing authority of the locality where the store will belocated has been consulted;
(b) determine that the store complies with all existing zoning ordinances of the localitywhere the store will be located;
(c) consider the locality within which the proposed state store will be located including,but not limited to:
(i) economic factors such as bid price, lease terms, operating costs, and local taxes;
(ii) physical characteristics such as condition of the premises, space availability, parking,common areas, conformance to building and safety codes, delivery access, and expandability;and
(iii) operational factors such as tourist traffic, proximity to and density of other statestores, package agencies, and outlets, access to the public, proximity to residential communities,demographics, population to be served, the nature of surrounding establishments, and proximityto educational, religious, and recreational facilities; and
(d) consider any other factor or circumstance it considers necessary.
Renumbered and Amended by Chapter 23, 1990 General Session
Repealed by Chapter 276, 2010 General Session