Transcript Department of Alcoholic Beverage Control

Stephne Hanson
Licensing & Compliance
DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL
PROFESSIONAL BACKGROUND
• BA in Business Administration from the University of Utah
• Employed by State of Utah for 27 years
• Worked at DABC past 14 years
DABC MISSION
STATEMENT
WITH REGARD TO ALCOHOL, UTAH IS A
CONTROL STATE
• Utah is one of 18 states that regulate the sale of alcohol
Alabama
Michigan
Ohio
Virginia
Idaho
Mississippi
Oregon
Iowa
Montana
Pennsylvania
West Virginia
Maine
New Hampshire
Utah
Wyoming
Maryland *
North Carolina
Vermont
* Only Montgomery and Worcester Counties
THE BUSINESS OF ALCOHOL
• During the last fiscal year (FY2013), how much net profit
was made from the sale of alcohol?
• After $ 38,155,214.00 was given to the school lunch
program and public safety.
• $ 81,350,425 *
* 9% increase over FY2012
PUBLIC PERCEPTION OF THE DABC...
KEY PLAYERS IN UTAH
KEY PLAYERS IN UTAH
Law Enforcement
KEY PLAYERS IN UTAH
Licensees
CURRENT LICENSES
• There are currently 2,067 active licenses in the state
• This represents 18 different license types
• Some licenses are limited in number based on the overall
state population (quota)
• Law enforcement funding for staffing is driven by the
overall number of liquor licenses issued
CURRENT LICENSES INCLUDE
Clubs 380 *
Full Service Restaurants 627 *
Limited Service Restaurants (Beer & Wine) 377 *
Beer Only Restaurants 140
On-Premise Beer 150
Taverns 36 *
Banquet Catering 93 *
Reception Centers 4 *
Airport Lounges 7
*Indicates quota license
CURRENT LICENSES INCLUDE
Manufacturing Wineries 14
Beer Manufacturing 20
Distilleries 6
Liquor Warehouses 18
State Stores 44
Resorts 2
Beer Wholesalers 13
Package Agencies 114
Industrial 22
KEY PLAYERS IN UTAH
Licensing
& Compliance
KEY PLAYERS IN UTAH
Business Licensing
WHERE IT ALL
BEGINS
The Application...
 Due date... the 10th
of each month
 Local consent &
licensing
 Conditional licenses
LOCAL CONSENT
• Local consent allows local government to decide the
extent to which it will allow alcoholic beverage outlets
in its community
CONDITIONAL LICENSES
• Conditional licensing means:
• Application MUST be complete with the exception of the
local business license.
• The commission may issue a liquor license on the
condition that the holder receives their local business
license
• If the local business license is not issued within 9 months
the licensee may lose the liquor license
PROXIMITY
• 5 Community locations...
• Churches
• Public or private schools
• Public parks
• Public playgrounds
• Public libraries
• Two measurements...
• 200 ft. straight line
• 600 ft. path of pedestrian travel
COMMUNITY LOCATIONS
Churches
BY STATUTE A CHURCH IS:
• The Alcoholic Beverage Control Act defines a church
as:
•
•
•
•
•
“Church” means a building
Set apart for worship
In which religious services are held
With which clergy is associated; and
That is tax exempt under the laws of this state
COMMUNITY LOCATIONS
Public or
private schools
BY STATUTE A SCHOOL IS:
• The Alcoholic Beverage Control Act defines a school
as:
• “School” means a building used primarily for the
general education of minors
• School does not include an educational facility
• Educational facilities include;
• Nursery schools
• Infant day care centers, and
• Trade and technical schools
COMMUNITY LOCATIONS
Public parks
COMMUNITY LOCATIONS
Public
playground
COMMUNITY LOCATIONS
Public library
MEASURING PROXIMITY
•
•
•
•
Two measurements are taken;
200 ft. straight line measurement
600 ft. ordinary path of pedestrian travel measurement
Measured from the primary point of entry of the location
seeking licensure
• Measured to the nearest property line of the community
location
HOW IT
WORKS
Applicant location
Community location
Public park
200 ft. straight line
600 ft. pedestrian
path of travel
WHAT IF THEY ARE UNDER 200 FEET?
If the applicant location is under 200 ft. from one of these
locations they CANNOT be licensed.
Churches
Schools
Playgrounds
If the applicant location is under 200 ft. from one of these
locations they may be granted a variance by the
commission.
Public Parks
Public libraries
WHEN ARE VARIANCES GRANTED?
There are four general criteria and three special criteria that the
commission must consider when variances are allowed. The
commission may grant a variance if:
1. Written consent is obtained from the local governmental
authority.
2. A public hearing has been held.
3. The commission determines that granting the variance
will not be detrimental to the public health, peace,
safety, and welfare of the community; and
4. The governing authority of the community location gives
its written consent to the variance.
WHEN ARE VARIANCES GRANTED?
The special criteria apply if the community location does not
give its written consent. If that is the case, the commission
must find that:
1. There is substantial unmet public demand to consume
alcohol in a public setting within the geographic boundary
of the local (governmental) authority in which the business
seeking the alcohol license is to be located
2. There is no reasonably viable alternative for satisfying the
unmet public demand other than through the establishment
of the license at the location; and
3. There is no reasonably viable alternative location within the
geographic boundary of the local (governmental) authority
in which the licensed business is to be located to satisfy the
unmet demand.
OVER 200 FT. BUT LESS THAN 600 FT?
If the applicant location is over 200 ft. and less than
600 ft. from the community location they may be
granted a variance by the commission under the same
conditions previously discussed.
Churches
Schools
Public playgrounds
Public Parks
Public libraries
SINGLE EVENT AND
TEMPORARY BEER PERMITS
What is the difference between Single Events
and Temporary Beer?
SINGLE EVENT PERMITS
• Think of a Single Event Permit as an “umbrella” permit.
Single Event Permit holders are
able to serve:
•
•
•
•
•
3.2 beer
Heavy beer
Wine
Distilled
Flavored Malt Beverages
IS IT A COMMUNITY EVENT?
 A Single Event Permit is issued to those who are
conducting a convention, civic, or community
enterprise.
 A “civic or community enterprise” generally is a
gathering that brings members of a community
together for the common good.
TEMPORARY BEER PERMITS
• Temporary Beer Permit holders are able to serve:
Only 3.2 beer
• Can be served using:
• Bottles
• Cans
• Kegs
PERMIT APPLICATIONS
These fields
MUST match
WHEN IS AN EVENT PERMIT NOT NEEDED?
Privately hosted event;
If the event is truly private and not open to the general
public and the alcohol is furnished by the host without
charge to those attending.
The event is limited in attendance to people who have been
specifically invited.
An example would be a wedding;
Attendee’s have been specifically invited with an
invitation or are on a guest list. The host provides
alcohol to the wedding guests at no charge.
WHEN IS AN EVENT PERMIT NEEDED?
When the event is open to the general public
regardless of whether an admission fee is charged or not
Alcoholic beverages are furnished with or without charge
Advertising is made to the general public for the event
QUESTIONS
Stephne Hanson
[email protected]
DABC 801-977-6800
abc.utah.gov
If you are not sure, please just
call us...
DABC COMPLEX
DABC WAREHOUSE
DABC WAREHOUSE
DABC WAREHOUSE
DABC WAREHOUSE
LABELS
UTAH’S HISTORY IN
ALCOHOL
UTAH’S HISTORY IN
ALCOHOL
UTAH’S HISTORY IN
ALCOHOL
UTAH’S HISTORY IN
ALCOHOL
UTAH’S HISTORY IN
ALCOHOL
UTAH’S HISTORY IN
ALCOHOL
LIQUOR APPLICATION
UTAH’S HISTORY IN
ALCOHOL
1986 to Present;
Miscellaneous legislative
amendments and
changes.
CURRENT LICENSE TYPES
CURRENT LICENSE TYPES
19
TIED HOUSE
32B-4-704 UCA
The term “tied house
law” refers to the broad
statutory scheme
regulating both the
marketing of alcoholic
beverages and the
cross-ownership of
licensed operations.
• To promote the state’s
interest in an orderly
market.
POLICY RATIONALE FOR
THIS LAW
• To prohibit vertical
integration and
dominance by a single
producer in the
marketplace.
• To prohibit commercial
bribery and predatory
marketing practices.
• To discourage and/or
prevent the
intemperate use of
alcoholic beverages.