Utah DABC Commission Meeting Report - May

by DAVID M. JOLLEY, J.D.

The Utah Department of Alcohol Beverage Control Commission (DABC) held its monthly meeting last Tuesday (May 24). The commission consists of the following members: Thomas Jacobsen (Chairman), Jacquelyn Orton, Stanley B. Parrish, Juliette Tennert, Tara Thue, Natalie Randall, and Jennifer Tarazon.

Financial Update

DABC’s finance director, Sean Williford provided a financial update on liquor sales in the state. According to Williford, liquor sales for the month of March were $56.6 million and a total of $426.5 million in sales year to date. This is an increase of about 11% from last year. Williford also mentioned how staffing is down in liquor stores, so employees are doing twice the work—a good reason higher pay for employees may help reduce turnover and ease the workload for current employees.

Parents Empowered

Doug Murakami (DABC Alcohol Education Director) provided an update on the “Parents Empowered” program in Utah, created to prevent underage drinking in Utah. Murakami stated 14 million people in the U.S. have alcohol use disorder and 95% of them started drinking before legal age.

 Violations

The Commission reviewed 38 violations referred by the State Bureau of Investigation (SBI). A good 30+ minutes were devoted to an alleged violation by the “Cheers To You” bar in Salt Lake City. The violation was for an unlocked storage cabinet of liquor. A lawyer for “Cheers” claimed the owner did not have proper notice of the violation within 8 days (as is prescribed in the statute) and therefore violated his 5th and 14th Amendment right to due process. Since there was “No compliance of the statute by DABC,” the rule cannot be enforced, according to Cheer’s attorney. In the end, the commission ruled against Cheers, but a couple members of the commission recommended future notices should include the exact date and some specifics of the alleged violation.   

License Applications

There were a total of 16 applicants for a “Bar Establishment License,” but of those, only one was awarded to Wasatch Loft & Tap Room Bar in Park City after seven months of waiting. Those who didn’t receive a license expressed their frustration over the delay and process. The owner of Shades Tap Room in Salt Lake City, who currently holds tavern license and therefore cannot sell beer over 5% alcohol, even though most of their award-winning beers are 6%.


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“Quarters Sugar House” future arcade and bar owner said even though his establishment isn’t open, he’s been paying rent waiting for this bar license to be approved. Because of this, the owner of Quarters suggested there be some type of “conditionally” approval issued for businesses such as theirs.

Package Agency Applicants

Package agencies are retail liquor outlets operated by private persons under contract with the state for the purpose of selling packaged liquor from facilities other than state liquor stores for off premise consumption. There were a total of 36 package agency applicants—all of which were approved. It was pointed out by a commissioner these types of establishments bring in a lot of revenue, but more competition is needed in the state.

Comments

In closing, the committee stated there will be a total of 9.5 new bar establishment licenses available in June and the question remains on which new businesses should be awarded them. In addition, it was noted the Utah population is growing fast—projected to reach 4 million by 2031, which will inevitably increase the number of drinkers. As a result, more warehouse space will be needed for liquor storage.

A complete audio recording of the meeting can be heard here.


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