Utah DABS Commission Meeting Report - August

by DAVID M. JOLLEY, J.D.

The Utah Department of Alcohol Beverage Services Commission (DABS) held its monthly meeting Tuesday, August 30th. The DABS is comprised of seven part-time members appointed by the governor with the advice and consent of the Senate. The commission acts as the general policymaking body on the subject of alcoholic product control in Utah. The commission sets policy and makes rules, and is responsible for the issuance of licenses and permits, and the suspension or revocation of existing licenses for infractions of Utah alcohol laws.

The commission consists of the following members: Juliette Tennet (Chairman), Thomas Jacobsen, Jacquelyn Orton, Stanley B. Parrish, Tara Thue, Natalie Randall, and Jennifer Tarazon. This was the first meeting for Juliette Tenet as Chairman.

Avenues Proper

The Avenues Proper Restaurant & Publik House in Salt Lake City had two violations in the past 90 months involving serving to a minor. In this case, the server who was terminated as a result, was only 19 years-old. The representative for Avenues Proper explained how younger employees often require more training, but ensured the Commission steps would be taken to ensure this never happens again. 

Tap Room

The Tap Room of Salt Lake City had at total of four violations in the past month, but they were all from the same employee for drinking on the job, leaving his post, and failing to ID a customer. Dennis Chambers, owner of the Tap Room, pointed out this was his first violation since 1986 and was surprised this had happened, but said he would bring in a “floater” employee to watch the front door when the regular employee isn’t available or on break.

Buffalo Wings

There was considerable discussion over a couple violations by Buffalo Wings in South Jordan. First, there was a sale to a minor by an employee who was only 19 years-old, but still a manager. This brought up much concern by the Commission who pointed out that under Utah law, a “manager” is in control of all aspects of serving alcohol, which isn’t possible if that person is only 19 and can’t drink himself, let alone serve to other people.

Commissioner Jacobsen suggested this position be labeled “Shift Lead” as opposed to “Manager” and possibly wearing a badge showing this person can serve “Food Only.” There was also an order to show cause for not completing manager training, specifically not providing fingerprints for background checks of employees. Contrary to Jacobsen, Chairman Tennet was more sympathetic, stating this wasn’t gross negligence, but more an issue of missed emails and lack of training. In the end, the Commission approved a motion to continue this issue next month. In the meantime, Buffalo Wings was instructed to change the requirements for managers (not hiring minors) and put other changes they’ll make in writing before the next meeting.

License Applications

Three (of five) available new bar establishment licenses were awarded to the Durango Bar in Salt Lake City, The Coop by Roosters in Layton, and the People’s Lounge in Salt Lake City.  

Full-service restaurant applications were approved for seven establishments: Lovebirds Hot Chicken (American Fork), La Casa De La Birria 2 (Logan), Arempas Venezuelan Cuisine (Midvale), The Crack Shack (Riverton), The Local Market & Bar (Salt Lake City), La Fountain Restaurant (West Valley City), and Yurt Solitude Resort (Salt Lake City).

Lastly, an “On-Premise Banquet Catering” application was approved for The Salt Lake Event Center.

 Public Comments

During the brief public comments period, Utah attorney Patrick Shea emphasized the importance of due process in the law, specifically that proper notice be given to potential violators, which he thought hadn’t been the case in a number of these instances. He further pointed out that the DABS is not a law enforcement agency there ought to be clearer guidance from the Commission that licensees can rely on.

A meeting agenda and audio recording from this and previous meetings can be found here.


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