Utah DABS Commission Meeting Report - October

by DAVID M. JOLLEY, J.D.

The Utah Department of Alcohol Beverage Services commission (DABS) held its monthly meeting last Tuesday, October 25th. 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.

Store Closures

It was mentioned by the committee that due to the upcoming  holiday season, liquor stores and the DABS administrative office and warehouse will be closed on the following dates:

·      Friday, November 11 (Veterans Day)

·      Thursday, November 24, 2022 (Thanksgiving)

Financial Update

Sean Williford provided the financial update. Total September retail sales came to $51.4 million, which was 2.2 million higher than last month’s—an increase of 4.5%. In addition, it was reported by Sean that the year-to-date (YTD) total for fiscal year 2022 came to $134 million, which is 8.8% higher from last year.

Parents Empowered

Tiffany Clason provided an update on the Parents Empowered program. Clason discussed the program’s latest, which is the “Whatever Your Child’s Journey Go Together” mural program to address the dangers of underage drinking and substance abuse. A mural has already been done in Utah and Washington County. The latest mural was unveiled in Park City. A short video on this event was to be presented but was not working unfortunately.

Violations

The committee followed up on a violation discussed last month regarding the sale to a minor at the VFW (Veterans for Foreign Wars) 3586 Bar in Salt Lake City. Representatives from the bar were present and claimed what the state did by sending minors into a bar to see if they are carded amounted to entrapment.

 Even though this case was previously settled, Commissioner Jacobsen made a point to deny what happened amounted to entrapment—stating entrapment is where law enforcement engages in some type of illegal activity and since the minors who entered the bar never lied about their age, there was nothing illegal that was done here. 

Licenses

The commission had only two bar licenses available to give out. However, one license was taken away due to a fire. The Sandtrap Café in Ogden had a fire in its kitchen last July and hasn’t been able to open since. The Sandtrap’s owner, Rayna Olsen, explained how the city removed all the power meters after the fire, so there’s no electricity in the building, but that she has hired an electrician.

Unfortunately, as Commissioner Tara Thue explained, the committee’s hands are tied by statute, which states you can’t be closed for more than 10 days without permission from the DABS. Commissioner Orton added the lack of information and communication from the owner while this was happening doesn’t help her case either. The vote to revoke Sandtrap’s license was 6-1, with Commissioner Jacobsen dissenting, leaving 3 licenses available.

The commission awarded one license to Verse, a new LGBTQ bar in Salt Lake City. The bar had been waiting months to get a license, and told the commission they could open as early as this Friday (10/28).

Among the nine bar applicants planning to open soon, two said they would be ready in the next few weeks. Edison House (Salt Lake City) said they would be ready to open on Nov. 9,

and Lit Arcade (Ogden) would be ready on Nov. 14. The committee decided to postpone making a decision on these two businesses until a special meeting is held sometime in mid-November. The other applicants will be considered during their next regular meeting (Nov. 30).

Bout Time Pub and Grub is hoping to get a bar license for its Bluffdale and Saratoga Springs locations. Tim Ryan, their chief financial officer, complained about how no other state sets its population quotas so high for bar licenses, which only hurts Utah’s economy. Commissioner Thue agreed with Ryan, and suggested he take their complaints up the Utah Legislature, which sets these quotas.

The commission also approved 12 restaurant applications, but members noted that there are only 24 full-service restaurant licenses available before next July.

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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