From Deseret News archives:
3 measures dealing with liquor restrictions advance
Two liquor bills won preliminary approval in the Senate on Monday, including one that would allow restaurants and private clubs to serve alcoholic beverages while the polls are still open on Election Day and another that would allow more single-event permits per organization.
A third bill that would take enforcement powers away from the Division of Alcoholic Beverage Control and put it in the hands of the Utah Attorney General's Office also passed a House committee Monday.
Current law requires that state liquor licensees not serve wine and spirits until the polls close at 8 p.m. But SB167, sponsored by Sen. Scott McCoy, D-Salt Lake, would lift that ban but continue to require state liquor stores and package agencies to remain closed the entire day.
"This bill is actually very simple," McCoy told the Senate.
He said Utah's presidential primary held on Feb. 5 served as something of a test for his proposal. That's because a quirk in the state law does not extend the prohibition to election dates set by statute.
"The results came out just fine. Mitt Romney won. Barack Obama won," McCoy, an Obama supporter, said. "It just proves that being able to drink on Election Day doesn't have a negative effect on the outcome of the election."
The Senate advanced the bill, 26-2-1, and it will now be considered for final approval.
Sen. Margaret Dayton, R-Orem, said she voted against the bill because, "I just don't want to go on record in support of drinking." She said she's "always got a concern when people drink."
McCoy's other bill, SB165, also won preliminary approval. It would expand the number of times an organization can apply in a given year for a permit to serve alcoholic beverages at a single event.
He said the bill was intended to help organizations like the Salt Lake Arts Council, which sponsors a number of events where alcohol is served, including the Twilight Concert Series.
In the House Law Enforcement and Criminal Justice Committee, a bill to change the enforcement powers of the DABC came under fire from current and former members of the Alcoholic Beverage Control Commission.
Earl Dorius from the DABC said that the commission is bound by a "grid" used to determine penalties for violations and has little or no latitude for adjusting those fines and/or suspensions.
Assistant Utah Attorney General Sheila Page, who works on cases involving liquor law violations, said her office is "neutral" on the bill, but did say that about 90 percent of violation cases reach resolution in pre-hearing meetings.
The sponsor of HB344, Rep. Curtis Oda, R-Clearfield, said he crafted the bill in response to requests by club and restaurant owners who feel they do not have a mechanism to rebut or debate penalties assessed by the DABC.
The House Law Enforcement and Criminal Justice standing committee passed HB344 to the House floor for further action.
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