Utah DABS Commission Meeting Report - September
The Utah Department of Alcohol Beverage Services commission (DABS) held its monthly meeting last Tuesday, September 27. 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.
Public Hearing on Mini Bottles
Shortly prior to their monthly commission meeting, the DABS held a one hour public hearing on whether to allow mini-bottles to be sold in Utah liquor stores as they once were, but later outlawed via Utah Admin. Code 82-2-309.
Proponents of the change argued consumers prefer the smaller size for a number of reasons. First, the smaller size eliminates the risk of overconsumption and promotes moderation in drinking. In addition, it allows them to try more premium priced liquor without having to buy a whole bottle, which they might not end up liking. Also, it was pointed out there are many people who cook with alcohol, but do not drink it, so the smaller size is more appropriate for their purposes. Finally, it was pointed out that Utah is the only state in the nation that doesn’t allow the sale of mini-bottles. In fact, the smallest size bottle you can get in a Utah liquor store is 200 ml—much more than the 50 ml mini-bottle.
Those in opposition were mostly concerned about access to minors, even though minors are prohibited from liquor stores, where mini-bottles would be exclusively sold. It was also pointed out mini-bottles could be concealed and consumed much easier by minors than a regular bottle. One of the speakers in opposition pointed to studies that have shown the risks of minors drinking. However, a member of the commission pointed out that none of the studies cited dealt specifically with the effects of mini-bottles on minors, just alcohol in general, which he stated is “intentionally misleading.”
More information about the history of mini-bottles in Utah can be found here.
Parents Empowered
Doug Murakami of Parents Empowered presented a short video to the commission on the benefits of teaching children how to cook and eating regularly with their parents. It was stated in the video that children who have dinner with their family five times a week are 33% less likely to become alcoholics. Somewhat ironic, considering it was previously stated mini-bottles are preferred by people who use alcohol in their cooking.
Violations
The VFW (Veterans for Foreign Wars) 3586 Bar in Salt Lake City was cited for sale to a minor, minor in possession of alcohol, minor in the bar area, and having an employee intoxicated while on duty. In their defense, a representative from the bar stated there was actually no evidence the employee was intoxicated. According the him, minors were brought into the establishment purposely by the Utah Highway Patrol with the intent of getting the owners cited—possibly a form of entrapment, as suggested by one of the commission members.
With regards to the intoxicated employee, the SBI (State Bureau of Investigation) claimed they could smell alcohol on the employee, but VFW’s rep. (who’s worked in the industry for years) stated that anyone who’s worked as a bartender knows how easily alcohol can get on your clothing and hands. A breathalyzer test was requested of the employee, but was advised by the owner not to take it because of their unreliability. Police did not request a blood draw. It was also pointed out that as a fraternal organization, they are not required to use an ID scanner, unlike other bars. In the end, the commission decided to follow up on this case after gathering more information from the SBI.
Representatives from three other locations that were also cited for violations (Porky’s Cantina, Red 8 Asian Bistro, and Hive 435 Taphouse) did not have representatives present to speak on their behalf, so they will be addressed in next month’s meeting.
Bar Establishment Applicants
There was a total of nine establishments who have applied for a bar license. Two locations (West Side Tavern and Fisher Brewing Co.) currently have a tavern license, but would like to surrender them for a bar license. Seven other locations have not opened, but will be either by the end of the year or early next year. These included: Versa (Salt Lake City), Lit Arcade Bar (Ogden), Edison House (Salt Lake City), Bout Time Pub & Grill (Bluffdale and Saratoga Springs), Proper Brewing (Moab), Marquis (Park City), Yuki (Salt Lake City), and Aker Restaurant (Salt Lake City).
Unfortunately, the commission only has two licenses available to issue. It was decided to postpone this decision until next month’s meeting (October 25). Commissioner Jacobsen acknowledged the limited number of licenses available is out of their hands and makes the commission’s job more difficult, but this could change via the state legislature.
A meeting agenda and audio recording from this meeting can be found here. In addition, a video of the meeting can be viewed here.
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