A Brief History of Utah Alcohol Regulation, Pt. 2
The laws regarding selling and drinking alcohol in Utah are some of the strictest in the nation. The Utah Department of Alcoholic Beverage Services (DABS) (formerly known as DABC) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition. This article gives a brief overview of alcohol laws passed in Utah since then. An article on the early history of alcohol regulation in Utah can be viewed here.
Brown Bagging (1940-1960)
Despite Utah’s ratification of the 21st Amendment in 1933, which effectively ended prohibition, Utah law still did not allow consumers to buy liquor by the drink at public functions or in restaurants. Instead, patrons brought their own liquor to restaurants, often still in the brown bag from the liquor store— thus the term “brown bagging.” Restaurants provided ice and mixers, so customers could make their own drinks at the establishment. In addition, since it was illegal to have an open container in your car, there was incentive to finish the entire bottle before leaving.
Mini-Bottles (1969)
Because Utahns were consuming more alcohol than ever before, the Utah legislature legalized mini-bottles (1.75 oz) in 1969 in an attempt to decrease alcohol consumption. However, mini-bottles were later outlawed in 1990 (see below).
1990
In 1990, the Utah legislature authorized metering devices on all bar and restaurant bottles, so no cocktail could contain more than an ounce of liquor. In addition, mini-bottles were outlawed. It was during this time that Salt Lake Magazine commented how Utah had “became known as the state with watered-down drinks.”
2002 Winter Olympics
Because of its strict alcohol laws, Utah received tremendous backlash and criticism regarding its strict alcohol laws prior to the 2002 Winter Olympics. Consequently, the DABC eased up its enforcement of some of the state’s liquor laws during the event.
2008
Utah liquor laws loosened again in 2008 when the total amount of “primary liquor” per cocktail was raised from 1.0 to 1.5 ounces. In addition, a “secondary” liquor can be added to flavor the drink, as long as it doesn’t exceed 2.5 ounces of alcohol total.
Clubs and Homebrewing (2009)
In 2009, requiring patrons to pay a cover or “membership” fee to enter a bar or club was eliminated. In addition, homebrewing was made legal in Utah.
Zion Curtains (2010)
Legislation was passed in 2010 that restored the so-called “Zion Curtain” to bars and restaurants. The Zion Curtains were partitions in bars and restaurants that separated the bartenders preparing the drinks from the customers. The theory behind this law (found only in Utah) is that it would prevent children from wanting to drink alcohol after seeing the pretty bottles.
2013 Sundance Film Festival
During the 2013 Sundance Film Festival in Park City, nine restaurants were fined for allowing customers to order alcoholic beverages before placing a food order. However, after widespread public backlash, the Utah legislature dropped the law, although the “intent to dine” requirement is still prevalent in many Utah restaurants today.
“Not a Bar” Signage (2017)
In 2017, legislation was passed that eliminated the Zion Curtain requirement, but replaced it with a “Zion Moat.” The Zion Moat prevents seating anyone under 21 within 10 feet of the drink preparation area. The logic behind the Zion Moat is … who knows? In addition, restaurants and bars were required to clearly state at the entrance, "This premise is licensed as a restaurant, not a bar" or vice versa. However, after pushback from restaurants, and much public ridicule, the “not a bar” sign requirement was later eliminated. During this same year, Utah lawmakers lowered the blood alcohol content from .08% to .05% for driving under the influence.
Beer ABV Raised (2019)
In 2019, Utah’s alcohol weight limit on beer sold in grocery and convenience stores was raised from 3.2% to 4% (or 5% by volume).
Present
On June 1st 2022, the DABC held a press conference announcing their new name as the DABS (Department of Alcohol Beverage Services.) In addition to their new name, a summary of the most recent changes to Utah’s alcohol laws can be viewed here.
ADVERTISEMENT
