Legislation

The most recent legislation concerning liquor laws were submitted in the 2017 General Session. H.B 442 and H.B 155 have both been signed by the governor of Utah.

H.B 442 introduced modifications relating to the regulation of alcoholic beverages. This bill effectively reduces the permissible proximity of a restaurant licensee to a community location (schools, parks, libraries, churches, community centers etc.). Previously, in S.B 167, the proximity was set at 600 feet, which was measured from the nearest entrance and the shortest walking distance to the community center.

Modifications introduced by H.B 442 also include a markup of alcoholic beverages from 86% to 88%, making Utah among the highest of any government-controlled agency.

This bill also modifies what Utahn’s have termed, the “Zion's Curtain.” These are required barriers that prevent patrons from viewing the alcoholic beverages that are offered in a full service establishment. Beginning in 2018, something that tourists and residents with children under 21 may want to take note of, is that despite rumors, H.B 442 doesn’t eliminate the Zion's Curtain. What it actually does, is allow a restaurant to establish a designated area, or “dispensing structure,” where individuals 21 years of age and older may consume alcohol. No wall is required to separate the area, but there has to be 10 feet between the bar and any tables where children can be seated.

One important act from S.B 167 that was not modified by H.B 442 is something called the Proof of Age Act. It’s general knowledge that individuals will be carded when they purchase alcohol, and that the legal age to do so is 21. However, if an ID is presented and there’s still a question of whether or not that individual is of legal age, that individual may be required to sign a statement of age verifying the age of that individual, which is then filed and kept on record for 3 years. [Proof of Age Act begins on line 1785.]

This bill also creates a new program called the Underage Drinking Prevention Program. This will be a school-based prevention presentation for students in the 8^th and 10^th grades. The revenue generated from the markup on alcohol prices will be funneled into the Underage Drinking Prevention Program Restricted Account, which can be used to fund the new prevention program. You can view the legislation here, beginning on line 103.

H.B 155 is important to take note of because it drops the legal blood alcohol content level from .08% to .05%. This bill will take effect on December 30, 2018, so plan your New Year’s Eve accordingly.