Utah DABS Commission Meeting Report - November

by DAVID M. JOLLEY, J.D.

The Utah Department of Alcohol Beverage Services commission (DABS) held its monthly meeting last Tuesday, November 29th. 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.

Special Committee Meeting (11/17) 

Prior to their regular monthly meeting, the DABS held a brief special committee meeting on Nov. 17 in which it awarded its only two available bar licenses to Edison House in Salt Lake City and Lit Arcade Bar in Ogden. The number of bar licenses available is based on a formula set by the Utah Legislature that sets these limits based on the state’s population.

A complete audio recording of this meeting can be listened to here

Financial Update

Sean Williford provided the financial update. Total sales for October totaled $40.8 million (a 1% decrease from last year). Sales for the week of Thanksgiving totaled $15.5 million with a record-breaking sale of $4.6 million the Wednesday before Thanksgiving. Williford noted how nearly half of this money ($70 million) is returned to the community for things like infrastructure and transportation. 

Parents Empowered

Doug Murakami (DABS Alcohol Education Director) provided an update on the Parents Empowered program. Murakami reported underage drinking has steadily declined this year compared to last and how parents are the number one influence in a child’s view of alcohol. Typically, children up to about age 9 have a negative view of alcohol, but children’s view on alcohol changes and becomes more positive between 9 to 13 years of age. Murakami had a video to present but it wasn’t working.

Administrative Rule Adoptions 

A total of eight new administrative rules were adopted by the committee. A public notice of all these rules can be viewed and downloaded here.

Violations

Three establishments were cited for what the committee described as both “grave” and “serious” violations.

Fraternal Order of Eagles 1760 (Murray)

Eagles 1760 was cited for selling alcohol to a minor who was from the CUB program (Covert Underage Buyer). In addition for not IDing the minor, the employee was also cited with assaulting the CUB customer. In their defense, a representative from Eagles said they have been open since 1969 and this is there first violation in 50 years. In addition, he said the employee who was cited has been there for over 15 years and never had a problem before. 

Fosters Market (Cedar City)

Fosters Market was cited for selling to an intoxicated person, which one committee member described as a “grave offense.” In this case, a person who was intoxicated first attempted to purchase beer at a Maverik store, but was turned down. He then went to Fosters and purchased a 30-pack of beer. The employee who sold him the beer was terminated. In their defense, Bryant Foster (owner) said the employee did not knowingly sell to an intoxicated person because she didn’t interact with him enough to determine he was intoxicated. In addition, he didn’t speak English.

Hanna Hilton Café & Bar (Hanna)

Lastly, Hanna Café & Bar was cited for three violations: selling to a minor, minor on the premises, and failure to scan an ID. The bar received a 20-day suspension of alcohol sales and the employee a 5-day work suspension. 

Bar Establishment Licenses

As previously noted, the two remaining (regular) bar licenses were awarded in a special session on Nov. 17th to Edison House (SLC) and Lit Arcade Bar (Ogden) so there were only two winter seasonal licenses to be awarded, but three interested businesses—West Side Tavern (SLC), Bout Time Pub & Grub (Bluffdale), and, Acker Restaurant (SLC)


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A spokesperson from West Side Tavern (Libby Taylor) said they would be ready to use the license now for special (seasonal) events. A spokesperson for Bout Time (Tim Ryan) was present at the meeting humorously sporting a black t-shirt that stated in white letters, “Almost Ready to Open.” Ryan stated Bout Time is not ready to open today and may be interested in the seasonal license, but wouldn’t know until the next meeting and worries that getting a winter seasonal license is no guarantee he’ll get a permanent one, which is what they really need. Meanwhile, he’s begrudgingly spent $25 thousand on maintaining empty building.

A spokesperson for Acker was not present, so the committee awarded a winter seasonal license to West Side Tavern.

Full Service Restaurant Applicants

Seven new restaurants were awarded full-service restaurant licenses. These included: La Fountain (Sandy), Mia Buena Vida (SLC), Tapa Sushi Japanese Cuisine (American Fork), Nori Sushi Bar & Grill (American Fork), Casa Linda Mexican Restaurant (SLC), DC Pub & Grill (Duck Creek Village), and Pizzeria 712 (Orem). The committee commented they face the same issue of having a limited number of licenses available for restaurants as they do bars and that by January or February, they may have no more licenses to award unless it is addressed by the legislature.

DABS Commission Bias Training (Weslie Porter)

The last portion of the meeting was devoted to a presentation by Weslie Porter on bias training, specifically for members of the committee.

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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