Utah DABS Commission Meeting Report - July

by DAVID M. JOLLEY, J.D.

The Utah Department of Alcohol Beverage Services Commission (DABS) held its monthly meeting Tuesday, July 26. The commission consists of the following members: Thomas Jacobsen (Chairman), Jacquelyn Orton, Stanley B. Parrish, Juliette Tennert, Tara Thue, Natalie Randall, and Jennifer Tarazon. Below are highlights from meeting. Public attendance was available by audio only.

Utah State Auditor Report

John Dougall and Bertha Lui from the Utah State Auditors Office provided a update from their last audit. These audits are held twice annually. During their report, it was pointed out that they are required to do these audits twice a year, but only did one for the past year. Other findings included there not being enough “seasonal” products ordered to meet demand and poor communication between “package agencies” and the commission. Package agencies are retail liquor outlets operated by private persons under contract with the Department for the purpose of selling packaged liquor from facilities other than state liquor stores for off premise consumption. This was an issue that came up later in the meeting regarding the granting of temporary licenses.

Utah’s “Parents Empowered” program was also mentioned in the auditor’s report. According to their report, the rate of underage drinking has gone done in Utah over the past year, but so has the rate nationally, so there are questions on what metrics to look at when ascertaining the success of this program. 

Immersive Gamebox – Sean McCoy

Considerable discussion came up during the meeting when discussing proposed administrative rules, specifically the granting of “On-Premise Beer Retailer” licenses. Sean McCoy (Immersive Gamebox) requested to serve beer at its gaming events. McCoy assured the commission patrons would not be overserved and only allowed two drinks each. Also, there was some discussion about what constitutes a “recreational activity” at the premises and whether that activity would be considered dangerous (like axe throwing.) In the end, the commission agreed for purposes of this rule, the activity on site can be “recreational,” but eliminated use of the word “dangerous” since this could include popular activities in the state, such as skiing.

Violations – World Famous Woody’s Tavern

Considerable discussion was also made in regards to an alleged violation by the World Famous Woody’s Tavern in Moab. The alleged violation was an employee consuming alcohol while on duty. Apparently, the employee was drinking a beer while cleaning off the tables. Commissioner Parish even went so far as to call the violation “egregious.” However, attorney for World Famous, Patrick Shea, argued the employee was off-duty and therefore not in violation of the law. Shea went on to say the SBI (State Bureau of Investigation) is overly-anxious to investigate violations before obtaining all the facts, which amounts to bad investigations that aren’t usually a serious matter. In addition, most establishments can’t afford an attorney to defend themselves at these hearings. The commission decided to strike the motion (violation) and further investigate what happened. 

Bar Establishment Applicant – Durango Bar

Durango Bar in Salt Lake City currently has a tavern license, but will surrender it is granted a bar license. This was denied because the commission believes Durango still has management issues that need to be resolved, such as who will take over if current management leaves. In addition, the commission was upset they had missed the last meeting and therefore seem unable to make a commitment. In his defense, Durango’s representative said he tried to call before the meeting to reschedule, but couldn’t get a hold of anybody. The commission denied the application. The commission also passed a motion to not approve any more bar licenses for now due to their limited number.

Soundwell

Soundwell is a music venue located in downtown Salt Lake City. The business was requesting temporary licenses for 12 different upcoming events. The commission was not comfortable issuing multiple temporary permits for different events just to get around the law. The commission agreed to grant the temporary permits for August only and for events that are only for people 21 years or older. The issue will be revisited during next month’s meeting.

An audio recording of the meeting can be listened to here.


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