Thread by @BenWinslow, Who is ready for the DABC commission meeting?!?! It's your monthly shot [...]

Who is ready for the DABC commission meeting?!?! It's your monthly shot of Utah alcohol policy! Yet another virtual meeting so mix yourself a drink and follow along as I live-tweet this sucker. @fox13 #utpol #utliquor

Chair Nielsen begins by announcing they will NOT be meeting in person anytime soon, under #COVID19 restrictions. Maybe by summer.

Also, a welcome to Commissioner Tara Thue who is beginning her first meeting.

@fox13 #utpol #utliquor

An update on Parents Empowered, the DABC's program to combat youth drinking. They're awarding some grants to local communities (this is in addition to the statewide ad campaign) to put prevention messages in venues where teens are. @fox13 #utpol #utliquor

Violations moved quickly since everyone agreed to their fines.

Now an "order to show cause" (which means a business has been summoned before the DABC for a violation). It involves The Fifth, a bar in Bountiful. @fox13 #utpol #utliquor

According to the DABC, they conducted an audit and found The Fifth's corporate entity expired in 2001 (!). So the law says the license would be forfeited.

Commissioner Jacobson makes a motion to forfeit the license as of July 1, 2001. The current operator must cease. #utpol

Commissioner Bateman asks why the actions occurred for 18 YEARS and the bar has continued to operate. Did DABC's lack of oversight allow the licensee to consider themself to be able to operate? Like estoppel?

@fox13 #utpol #utliquor

DABC attorney says licensees must file for renewal and make certain representations. Since 2001, the bar's operator renewed the license over and over again, providing the same info. She says it's THEIR obligation to keep their legal status current. @fox13 #utpol #utliquor

She insists it's not on the DABC but it's the responsibility of the licensee to ensure its legal status is protected.

Commissioner Jacobson wants to do a virtual whiteboard (which he LOVES to do).

Commissioner Jacobson says The Fifth has had a license since 1984. But when it created a new company ownership structure, it failed to notify the DABC.

When the DABC did an audit in November 2020, it found the company name change. No formal transfer done. @fox13 #utpol

Commissioner Jacobson blames The Fifth for not notifying the DABC of changes since 2001.

"A license is a privilege granted by a state or government agency," he says.

He says there is no alternative but to forfeit. @fox13 #utpol #utliquor

Commissioner Bateman concedes that under the law, they have no choice.

But he wants to know if the license holder was submitting "incompetently, inaccurately, or purposefully misleading?"

Paper renewal still showed The Fifth Inc as licensee when they expired in '01. #utpol

The Fifth's legal counsel, Zack Hadley, is now in the virtual meeting. He concedes The Fifth, Inc. expired in 2001. But there was "a handshake deal" between father to son (who now owns the bar). He didn't know the corporate entity expired. @fox13 #utpol #utliquor

Basically, the company changed from "The Fifth Inc." to "The Fifth LLC."

"There is not intentional attempt to try to get around the rules of the DABC," Hadley says. "It was just a mistake."

They're working with estate trustees on a transfer. They will re-apply. @fox13 #utpol

So The Fifth will likely forfeit its license (meaning they will go out of business). But they CAN re-apply for a bar license.

That just means they will have to wait.

Hadley acknowledges he was just hired for this case (meaning he's doing some cleanup). @fox13 #utpol #utliquor

"I think that's the remedy," Chair Nielsen says.

DABC votes UNANIMOUSLY to forfeit The Fifth's license, effective July 1, 2001.

The Fifth, which has been operating illegally for 18 years, will close. They can re-open down the road. @fox13 #utpol #utliquor

DABC now allowing Park City Mountain Resort to convert some license to seasonal ones (apparently it works better for them).

Now, we're on to bar closures. These are ones that people request for construction, etc. @fox13 #utpol #utliquor

There are A LOT of extended closures. The Monticello licensee says "Murphy's Law kind of hit me" with burst pipes, remodeling, etc.

DABC commissioners typically give a lot of leeway to keep businesses open. @fox13 #utpol #utliquor

DABC considering license extension for @thestateroom because, COVID.

"It's been a rough ride. Our last show was March 11, 2020," the bar's owner says.

A lot of performers simply aren't booking. They do have some shows coming back — in September. @fox13 #utpol #utliquor

DABC commissioners pushing them if they can start opening any earlier than September?

Owner has some trepidation about it, given safety. Commissioner Thue chimes in and says DABC need to support businesses doing what they can to be safe.

@fox13 #utpol #utliquor

DABC commission compromises and votes to revisit @thestateroom's license extension in August.

Commissioner Jacobson the lone vote against.

Next up: Coral Cafe in Washington. They've been closed since COVID, but doing remodeling. DABC grants to May. @fox13 #utpol #utliquor

The Daily, a restaurant and Amor Cafe, are experiencing hiring shortages and COVID impacts. They ask for a delay until June. DABC grants.

FYI, @kathystephenson wrote an excellent story on the Utah bar/restaurant hiring shortages: https://www.sltrib.com/artsliving/food/2021/04/15/help-wanted-utah/ @fox13 #utpol #utliquor

Help wanted! Utah restaurants can’t find enough employees to meet demand.

More Utahns are going out to eat as COVID-19 cases plateau and more people are vaccinated, but many Utah restaurants are having a hard time finding employees to meet demand.

https://www.sltrib.com/artsliving/food/2021/04/15/help-wanted-utah/

Tin Angel (which is inside the @liveeccles) remains closed because of @SLCoGov health orders.

It will be closed until June when maybe the theatre re-opens. DABC doesn't even debate this one and GRANTS the license extension request. @fox13 #utpol #utliquor

DoubleTree Hotel in SLC and Hyatt House in SLC also asking for a license extension because of bankruptcy-related issues.

Hotel attorney says it's a result of COVID and by June they can update on bid process for assets.

@fox13 #utpol #utliquor

DABC can't take the bar licenses while they're in bankruptcy, we're told. So DABC agrees to delay licenses until June.

Sunny's Bistro and Pallet Bistro in SLC are up next. Sunny's Bistro is in the old Airport Inn (now a homeless shelter). @fox13 #utpol #utliquor

Sunny's Bistro says homeless will be sheltered there 2 more months and then the hotel gets renovated, so they're asking for an extended closure until at least June.

DABC grants both license extensions. @fox13 #utpol #utliquor

Publik Ed, The Rose Establishment (both in SLC) and Legends in Park City ask for extensions through June. DABC grants without question.

@fox13 #utpol #utliquor

DABC really blowing through these license extensions now.

Basically, some restaurants/bars have construction issues. Others are feeling the impacts of #COVID19.

Commissioners seem pretty empathetic to their plight in granting extensions. @fox13 #utpol #utliquor

Hotel RL hopes to open in 60 days. DABC suggests giving them until June (just in case). Boltcutter in SLC lost all their employees so it's unsure on being able to re-open. DABC offers to give them until June to get re-opened. @fox13 #utpol #utliquor

Chair Nielsen notes this may be the first of many liquor licenses extensions to come (as we emerge out of the pandemic).

DABC moving on to other license requests (none are major). @fox13 #utpol #utliquor

DABC commission now moving to license transfers (ownership changes, etc.)

But we're coming up on the highly-coveted bar license fight. Get ready for a battle, kids. @fox13 #utpol #utliquor

The DABC did just grant conditional licensing for "The Bears Den" until its strip club stage is inspected to see if it complies with Utah liquor laws.

FYI, Utah laws are VERY SPECIFIC about nudity and alcohol. As in, G-strings & pasties with booze only. @fox13 #utpol #utliquor

There are 2 full bar licenses now (given that the DABC just forfeited The Fifth's license).

We have 2 bars ready to open. 2 more in June. A bunch in September/October.

Chair Nielsen trying to triage the chaos. @fox13 #utpol #utliquor

Quality Company in SLC has a proximity issue. They're within range of a church. Under the law, they cannot grant a license that is proximate to a church.

Bar owner now giving a slideshow of "an art gallery that can sell alcohol." @fox13 #utpol #utliquor

He insists he's not doing it to show off his famous friends. But he's giving a tutorial on his business plan.

DABC attorney chimes in that the issue is "exclusively proximity." Chair Nielsen asks if he wants to serve alcohol? @fox13 #utpol #utliquor

But Chair Nielsen says the issue is proximity to a church.

Bar owner says the building is primarily used for offices/storage, so not REALLY a church. (Apparently the building owner has even sent a letter to the DABC stating as such.) @fox13 #utpol #utliquor

Chair Nielsen says they won't get a license today because their projected opening isn't for some time and asks if they can meet with DABC staff?

DABC's compliance director says their stance is it IS a church. Nielsen lets bar owner continue. @fox13 #utpol #utliquor

"It doesn't function as a church," bar owner says. It's run BY a church as part of their charitable mission to homeless.

"In a way Brigham Young University is not a church even though it's owned by a church," he adds.

@fox13 #utpol #utliquor

DABC compliance director Angela Micklos says they checked and the facility DOES hold religious services there. They are tax-exempt, making them a church under the law.

They are 156 feet from the bar location. DABC attorney agrees. @fox13 #utpol #utliquor

"You can't fix proximity when it's something as narrow as this," DABC attorney says.

FYI, proximity was an issue that was *supposed* to be addressed by the #utleg, but guess what? Nothing really happened there.

@fox13 #utpol #utliquor

Bottom line, DABC can't even consider this application because of proximity issues.

So the commission has no choice but to deny the license request. Leaving it on the waitlist doesn't even help.

Bar owner asks if he can appeal?

"No," DABC attorney says bluntly.

Commissioner Jacobson offers an olive branch says see if DABC staff can offer other options?

But because they have NO CHOICE under Utah law, the commission REJECTS a license they never offered. Bar can re-apply if circumstances change. @fox13 #utpol #utliquor

Now back to the main event. There are 2 bar licenses. Next license won't be available until later this fall (unless someone goes out of business). @fox13 #utpol #utliquor

Here's who is seeking the 2 licenses in Utah, per DABC commission.

As an added bonus, one bar gets to renew at the end of May so they're essentially paying twice for the same license. @fox13 #utpol #utliquor

Commissioner Jacobson asks Bewilder Brewing Co. if they'll take a summer seasonal instead (allowing the DABC to save a license)?

"It's not ideal, but I'll take it," Bewilder owner says.

Chair Nielsen asks about the bars ready to open in June (hinting they may save one). #utpol

FYI, Utah's bar license quota is a made-up number by the Utah State Legislature that is one per 10,200 people.

No one can really tell me or @kathystephenson where that number came from. But the #utleg declined to change it. @fox13 #utpol #utliquor

Here's some background on the DABC's very public griping about the lack of bar licenses in Utah: https://www.fox13now.com/news/local-news/utahs-liquor-control-commission-vents-at-legislature-over-lack-of-bar-licenses @fox13 #utpol #utliquor

Utah's liquor control commission vents at legislature over lack of bar licenses

For months now, Utah's powerful liquor control commission has grumbled about a lack of coveted bar licenses to hand out to businesses who wait months in line.

https://www.fox13now.com/news/local-news/utahs-liquor-control-commission-vents-at-legislature-over-lack-of-bar-licenses

DABC commission votes to give Why Kiki in downtown SLC a bar license.

Commissioner Orton asks when will the next license be available? August or September.

Commissioner Jacobson not happy the bars that say they're ready to open by June aren't online. @fox13 #utpol #utliquor

The Spoke in Moab is desperately trying to log on to the DABC meeting, we're told.

They did email the commission this morning saying they expect to open in the next 2 months.

Chair Nielsen opts to give Bewilder the summer seasonal and hold the license. @fox13 #utpol #utliquor

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