News 12/13/01

Liquor laws become permanent in time for Olympics

By Natalie Larsen

The Utah Licensed Beverage Association passed its final rules for liquor advertising Dec. 6.

These final rules are very similar to the previous temporary rules that have been in effect since August 2001, according to Neil Cohen with the Licensing and Compliance Department with the Utah Department of Alcoholic Beverage Control.

The only difference is the addition of allowing advertisement of educational classes about liquor products, Cohen said.

"Most licensees have been using the temporary rules, but now that they're permanent, maybe they'll feel better about advertising. The new laws allow liquor and wine to be advertised to the same extent that beer was advertised," Cohen said.

The temporary new rules can been seen on the liquor commission's website. The final rules have not been posted yet, Cohen said.

The Utah Department of Alcoholic Beverage Control was created by statute from the Utah Legislatur,e which "charged it with the responsibility of conducting, licensing and regulating the sale of alcoholic beverages in a manner and at prices which reasonably satisfy the public demand and protect the public interest, including the rights of citizens who do not wish to be involved with alcoholic beverages," according to their website.

"Currently, this commission is composed of five appointed members, four of whom are male Mormon lawyers and teetotalers," according to the Fort Ogden website.

Some are bitter about the liquor laws in Utah. One Web site titled "Utah Department of Alcoholic Bullshit Control," wrote a parody about the liquor laws under the name of the Deseret Tribune. "Utah's Department of Alcoholic Beverage Control (DABC) uses statistics to further a damned lie: Utah's bizarre and arcane liquor laws 'promote moderation' while serving up the swill for responsible adults," it said.

Others find these laws a nuisance, but are able to work around them. "The liquor laws are kind of funny. But as they say, if you can't find a drink in Utah, you're not looking hard enough. Somewhere between the teetotalling liquor commission and the squeaky clean legislature is a state full of people who like to share pitchers and rounds of mixed drinks. While often a pain in the neck, the liquor laws are not as bad as people like to make them sound" Utahns didn't make up private clubs, 3.2 percent beer or cover charges," according to the Citysearch Utah website.

And still others feel these laws don't hinder them at all. "Misperceptions abound when it comes to Utah's liquor laws. It is as easy to get a drink in Salt Lake as it is to order a meal. Most restaurants serve beer, wine and mixed drinks with the purchase of food, and visitors rarely notice differences between Salt Lake and other major American cities. . . . Private clubs are Utah's equivalent to bars. While the term 'private club' sounds exclusive, they are open to everyone. Visitors can purchase two-week memberships that cost about $5, and allow sponsorship of other guests. The temporary membership is similar to a cover charge," according to the website for the Salt Lake Convention and Visitor' Bureau.

With the Olympics approaching in February, some have expressed concern about accommodating the international visitors who have come from more liberal locations. The commission has openly stated ot will not be changing the laws to accommodate this. To see the commission's statement on changes for the Olympics, click on this link.

"The international press is going to riot on how weird the laws are, and that's going to make us look silly," said Caryn Beck-Dudley, a business law professor at Utah State University. Beck-Dudley said she thinks no one has challenged the laws before this because they were in fear of having their licenses removed.

Liquor licenses in Utah are granted based on population, which makes them a valuable commodity in some communities, Beck-Dudley said. "People (visitors to the Olympics) are going to find it very odd," she said.

There have been some that have found ways to bypass the laws, which can cause more problems that the laws were designed to protect against, Beck-Dudley said. One of these is the private party stipulation, which allows those of a private party to have as much alcohol as they like. Private clubs and other privately owned facilities can offer alcohol to their patrons, but are not able to control the amount of consumption.

At events in certain towns, patrons may also be disappointed find there will be no alcoholic sales, such as with the Ogden and Provo ice rinks, Beck-Dudley said.

Some teams, including the German team, have already imported alcohol for their teams, Beck-Dudley said.




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