Liquor law hurts business, critics say

A 2008 state law stopping the sale of alcohol within 200 feet of schools and churches — even if there's no opposition — was criticized Tuesday at a liquor-commission meeting.

Department of Alcoholic Beverage Control Commissioner Bobbie Coray said the change is hurting Logan, Brigham City and other communities in the state built around LDS Church facilities.

"It almost destroys downtowns," she said, noting that in the past, the LDS Church as well as other churches have agreed to allow nearby restaurants to seek liquor licenses. Jim Ack, a veterinarian who owns a building in the 9th and 9th neighborhood near Rowland Hall in Salt Lake City, told the commission he has had a dozen restaurateurs interested in the space until they found out they couldn't apply for a liquor license.

"The building is sitting empty," Ack said during the public-comment portion of the meeting. He said he is aware of similar situations faced by property owners throughout the city and state.

Sen. Curt Bramble, R-Provo, sponsored the change in the law as part of a larger liquor bill that also included ending the sale of flavored malt beverages known as "alcopops" in grocery stores which critics argue are marketed to underage drinkers.

Bramble said he proposed the change in the proximity rules after hearing allowing liquor to be sold near schools and churches also could be seen as enticing young people to drink.

"It's not in the general public's best interest," he said. He said no concerns were raised about the change during the debate on the bill, nor has anyone complained about it to him since it passed.

But Bramble said lawmakers are always willing to listen. "It's going to be a pretty hard sell to change … to say you want to have a bar next door to a school," he said. "It may be they can make a compelling case."

The law had allowed clubs and restaurants to apply for liquor licenses if they had consent from a church, school, park or library located within 200 feet and met other requirements, including holding a public hearing.

Now, though, liquor licenses cannot be granted to clubs and restaurants that close to churches and schools under any circumstances. The commission does have leeway, however, when the proposed licensees are farther away but within 600 feet.

On Tuesday, the commission took advantage of that leeway and granted beer-only licenses to two Mexican restaurants in Midvale, despite opposition from an evangelical church more than 200 feet but less than 600 feet away.

Commissioner Gordon Strachan said the decision was made because La Chaca Mexican Grill and Los Machetes 2 had support at a public hearing and from Midvale city officials. He said serving beer at the restaurants filled an unmet public need without being a detriment to public health.

After the meeting, Ack said he has spent 18 years in the 9th and 9th neighborhood where he and his wife run a veterinary clinic and believes a new restaurant with a liquor license would be welcome there.

"There isn't even a mechanism to apply," he said. "This is a very real economic development issue across the state. It's not just me."

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