2022 LEGISLATIVE SESSION
SLARA Working List
SLARA, with our lobbyist, is part of the Legislative Alcohol Working Group, meeting monthly prior to the 2022 legislative session, to help craft the upcoming alcohol changes. We are also working with the DABC on issues that are mutually helpful to both organizations. Items listed below is a partial list of what we are currently proposing. Feel free to comment or make suggestions by emailing michele@slara.org.
| ISSUE |
DESCRIPTION |
| PROXIMITY |
We are working to make certain conditions exempt from the proximity restrictions for licensees. |
| 18+ TO TAKE ORDERS AND SERVE ALCOHOL |
In an effort to ease employment shortages, we are working to allow age 18+ to take and deliver drink orders in bars and restaurants. |
| DIRECT BEER DELIVERY TO LICENSEES |
Distributors deliver 0.05 beer directly to licensees and heavy beer directly to the DABC, to be picked up by licensees. We are working to streamline so all beer is delivered by the distributors to the licensees. |
| WHOLESALE DISCOUNTS |
Last year was hard for the industry. Rising costs of goods, labor and all things associated with owning a restaurant or bar can make margins way to slim to stay in business. We are working with stakeholders to pass on some sort of discounts to our licensees. |
| RESTAURANT & BAR LICENSES |
Currently, there are only 40 restaurant licenses available and zero bar and resort licenses available. This is bad for entrepreneurs, tourism and the Utah economy. We are working to change the population ratios to correct this. |
| TIMING OF GRANTING OF LICENSES |
Currently, the DABC will not award a liquor license to an applicant unless they are ready to open NOW. Business owners must take the risk of investing hundreds of thousands of dollars up to a year before ever knowing if they will receive a license. Furthermore, licensees are required to hold insurance for the license (up to a year) without having the license. We want to change this process so that the DABC can grant pre-approval and assurances early in the buildout process. |
NON-USE OF LICENSE
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Inambiguous wording in legislation caused a business owner to recently lose a bar license. We need the wording changed to prevent this from happening to other licensees. |
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LORIN PORT
Employee Retention Tax Credit Specialist
GET A SECOND OPINION!
If you were told that you didn't qualify for the ERTC, please get a second, no-cost opinion from Lorin. She has been able to get funds back for clients that were told by their accountant that their business did too much in sales in 2020 or they already received PPP money. These are not the only factors. You may still qualify! Plus, she will probably charge less than your accountant. The deadline is approaching, so get contact Lorin this week. Click here for more information.
Lorin Port
Lorin.Port@gmail.com
760 845-3808
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DISCOUNT FOR SLARA MEMBERS
SLARA has negotiated a special discount with BMI for our members. When it is time to pay your renewal, mention your SLARA membership (they check for validity) and you will be eligible to save:
- Yearly 5% discount just for being a member of a participating association.
- Yearly 5% discount for all association members who pay their BMI licensing fees via phone or online.
This is in addition to the 10% you save if you make your payment within 30 days of the invoice.
Click here for FAQ about BMI and see if you do or do not need to subscribe. |
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Q & A with the DABC
SLARA: How can owners work with staff to develop a wine list, ensure quality or train bartenders on complicated craft cocktails? It seems that legitimate work could be viewed as a violation. Is this covered in statute?
DABC: Although there is some ambiguity on this issue, one thing is for certain: it can not happen during operating hours. Per Tiffany Clason, Executive Director of the DABC, "It is possible that if it is 'paid for' and dispensing records are kept it could be done as a "private party" at the restaurant after hours. (However,) this seems archaic to me. Why should the owner have to pay (even though just a small portion) for wine just to sample for quality and/or to create a menu and/or wine list. I have asked for further research to continue with this question. I'd like to have a full picture of how licensees can legally/compliantly do this, because I know it is important to their operations and commonplace. Also, I don't think it is a public safety issue. I want to have this full picture so you and (SLARA's lobbyist) Lincoln also have it, should it require any requests to adjust statute."
SLARA: Did the SBI actually do a breathalyzer test on an employee of a licensee they suspected of drinking on the job? As you know, our owners would never be complicit in that and would fire that employee on the spot.
DABC: The DABC neither instructed SBI to breathalyze employees nor knew about the situation of which you speak until after the incident. From my understanding, the on-shift drinking was randomly witnessed by the SBI officers and they took action.
SLARA: Any product shortages this month?
DABC: Due to a shortage of brown glass and supply chain issues, we are going to put Negra Modelo in the same place as Patron and limit retail customers to 1 (six pack) and licensees to 2 (six packs) per day.
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Q & A with the SBI
SLARA: When a minor comes in with a fake ID, what should the owner/manager/doorperson do with the ID? We believe that, with the increase of fake IDs that are showing up lately, the more businesses confiscate them, the less there are on the street and the less likely a minor will unknowingly slip pass another licensee.
SBI: SBI will not tell the establishments to confiscate the fake IDs. That is a decision that should and will always rest with the establishment themselves. If the establishment does in fact confiscate an ID they believe is fake, SBI would be happy to pick up the ID or IDs for further investigation. As Lt Jeffrey Adams with the Utah Department of Public Safety said, "I am sure you realize there are some legal ramifications to authorizing a non law enforcement entity to seize another individuals property. But as I stated before, the establishment can decide if they want to operate as a (for lack of a better term - citizens arrest) and take the IDs. If the establishment will contact SBI if and when they obtain these items then I will make sure that we send an agent over to pick them up."
SLARA: Are you willing to do individual trainings for our members employees on-site? Is this easy to set up?
SBI: We are definitely willing to put on alcohol trainings for your members. Just reach out to our office and we are happy to set up trainings. 801-965-4747.
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Commission Meeting Update
October & November 2021
NOTES:
- One of the more common violations of late is failure to send newly hired managers to the DABC Manager Alcohol Training. Classes can be taken online by clicking here. A complete page of manager training regulations can be found here.
- A non-profit organization recently received a violation under their Special Event Permit due to a guest holding two alcoholic drinks at one time. Please note: never double fist cocktails at a fundraiser lest the non-profit get in trouble and have to pay a hefty fine.
- Recent bar licenses have been sold on the open market. One sold for $30,000 (Sept), and two sold for $50,000 each (Oct). There are currently none available through the DABC until the next population adjustment on December 1st. It will be awarded at the regular December DABC meeting.
- The Ruin, a SLARA member, has moved from Wilmington Avenue to 159 S Main Street. Please visit their new location.
- YTD Bottle sales up 13.8%
- YTD Dollar sales up 17.9%
NEW LICENSEES
BAR LICENSES (0 bar licenses left until December DABC meeting, when a population adjustment will add one more. There are still 11 applicants waiting for a bar license.)
Side Bar, Ogden
Aspen Cove Resort, Panguitch
Brick & Mortar, Salt Lake City
Casot, Salt Lake City (awarded in a Special Commission Meeting on 11/3)
FULL SERVICE RESTAURANT (40 still available)
Baan Thai Cuisine & Bar, Lehi
Boat Haus, Ogden
Tonys Tacos, Heber
Garage Grill, Herriman
Canyon Breeze Restaurant, Ivins
Courtyard Lehi at Thanksgiving Point, Lehi
Bartolo's Restaurant, Park City
The Rose Establishment, Salt Lake City
Cytybyrd, Salt Lake City
Cajun Boil Seafood Restaurant, Salt Lake City
The Crack Shack, Salt Lake City
Monarca Bar & Grill, Salt Lake City
Martine, Salt Lake City
Dolly Donuts, Salt Lake City
Facil Taqueria, Salt Lake City
Culichi Kitchen, Spanish Fork
Puerto Vallarta Mexican Grill & Cantina, West Jordan
LIMITED SERVICE RESTAURANT (69 still available)
Seafood Bucket Cajun Style, Salt Lake City
R & R BBQ, Midvale
Ramen Haus, Ogden
Itto Sushi, South Jordan
Ramen Haus, Farmington
Mountain Mike's Pizza Utah, Orem
Richie Lush's BBQ Kamas, Kamas
Chop Shop, Park City
Yurt at Solitude Resort, Solitude (winter seasonal)
ON PREMISE TAVERN (25 still available)
Durango Bar, Salt Lake City
ON PREMISE BEER RECREATIONAL (No limit)
Siempre, Draper
HOTEL (49 still available)
Best Western Premier Hotel & Spa, Brian Head
Goldminer's Daughter, Sandy
Marriott SLC Marriott University Park, Salt Lake City
The Peery Hotel, Salt Lake City
RESORT
Pendry, Park City
HOSPITALITY AMENITY (No limit)
Embassy Suites by Hilton, West Valley City
MANUFACTURE WINERY (No limit)
Water Canyon Winery, Hildale
MANUFACTURE BREWERY (No limit)
Prodigy Brewing, Logan
Beckers Premium Lager Co, Ogden
PACKAGE AGENCY (37 still available)
Beckers Permium Lager Co, Ogden (Type 5)
Water Canyon Winery, Hildale (Type 5)
VR Club, Park City (Type 1)
The Vine Yard, Leeds (Type 5)
INDUSTRIAL MANUFACTURING (No limit)
Grandeur View Bitters
Tovala, Salt Lake City
AIRPORT LOUNGE (5 still available)
ARENA (10 left)
BANQUET CATERING (26 still available)
ON PREMISE BEER RESTAURANT (No limit)
RECEPTION CENTER (3 still available, 1 winter) |
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CLEANING YOUR SIDEWALK: What not to do!
Thank you to the SLCo Health Department for providing guidelines.
We are going to let you all click these on your own for more information. Just be aware there are certain procedures to follow for you and your staff's safety as well as avoiding penalties when it comes to possible violations of the Utah Quality Water Act (fines up to $10,000 for individuals and businesses).
Proper Cleanup of Human Waste and Drug Paraphernalia (click here)
Clean-up of Vomiting and Diarrheal Event (click here)
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CRACKING DOWN ON SMOKING DECKS
It has come to the attention of SLARA that the health department will start to focus more on inspecting establishments and their smoking section policies. Remember:
Outdoor smoking areas cannot be within 25 feet of a building entrance, window or air intake.
Violations of the Utah Indoor Clean Air Act may be $100 penalty for the first offense and between $100-$500 for each additional offense. In addition, a business permitted by the Health Department that is a repeat offender may face permit suspension.
A Health Department permitted business on the application agrees to abide by other regulations and state laws and rules. Generally, the food service establishment receives a warning, followed by a Notice of Violation and then a permit suspension. The Notice of Violation will state that continued non-compliance will result in a permit suspension.
Additional Information:
- Vaping is treated the same as smoking and is prohibited indoors.
- Simply blocking a door to entrance does not nullify the 25 feet for smoking.
- Enclosing an area or having removable windows does not make the area exempt from the UICAA (enclosing a patio or being able to if inclement weather)
- The proprietor is obligated to prove compliance, if an issue arises. Due to the concerns with smoking and the impacts on health the Department does not offer consultation, plan review or approval for smoking areas, but applies the Statute and Rule when violated.
- An individual may walk up and immediately extinguish a smoking device, but vaping should end prior to 25 feet, as well as active smoking.
- For more information, click here.
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COMPREHENSIVE ANSWER GUIDE
FOR COVID: The Business Version
The Utah Department of Health has put together a comprehensive COVID guide for businesses. It's worth a download and print to keep on file to answer any questions that may arise. Click here to view. |
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FUN FACT: TIPS & GRATUITIES
Tips, gratuities and other service charges are subject to tax if they are included as a line item on a customer’s bill that the customer must pay.
These charges are not taxable ONLY IF the front of the bill includes a statement — in the same size font as the charge — that the charge is voluntary and may be increased or decreased by the customer. Any charges subject to sales tax are also subject to restaurant tax. Click here for a handy pamphlet.
Thanks to Tim Ryan / Bout Time Pub & Grub for this share.
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REQUIRED POSTERS
