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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Stephne Hanson Licensing & Compliance
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PROFESSIONAL BACKGROUND Employed by State of Utah for 28 yearsEmployed by State of Utah for 28 years Worked at DABC past 15 yearsWorked at DABC past 15 years Ran first half marathonRan first half marathon
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Utah is one of 18 states that regulate the sale of alcoholUtah is one of 18 states that regulate the sale of alcohol WITH REGARD TO ALCOHOL, UTAH IS A CONTROL STATE AlabamaMichiganOhioVirginia IdahoMississippiOregonIowa MontanaPennsylvania West Virginia Maine New Hampshire UtahWyoming Maryland * North Carolina Vermont * Only Montgomery and Worcester Counties
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DABC MISSION STATEMENT
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DABC COMPLEX
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DABC WAREHOUSE
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KEY PLAYERS IN UTAH
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Licensing & Compliance KEY PLAYERS IN UTAH
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LABELS
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Law Enforcement KEY PLAYERS IN UTAH
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Business Licensing KEY PLAYERS IN UTAH
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Licensees
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There are currently active licenses in the stateThere are currently active licenses in the state This represents 25 different license types and permitsThis represents 25 different license types and permits Some licenses are limited in number based on the overall state population (quota)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 issuedLaw enforcement funding for staffing is driven by the overall number of liquor licenses issued CURRENT LICENSES AND PERMITS 2,385
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Clubs 386 * Full Service Restaurants 620 * Limited Service Restaurants (Beer & Wine) 393 * Beer Only Restaurants 128 On-Premise Beer 150 Taverns 34 * Banquet Catering 94 * Reception Centers 4 * Airport Lounges 7 CURRENT LICENSES INCLUDE *Indicates quota license
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Manufacturing Wineries 15 Beer Manufacturing 24 Distilleries 10 Liquor Warehouses 20 State Stores 44 Resorts 2 Beer Wholesalers 13 Package Agencies 122 Industrial 26 CURRENT LICENSES INCLUDE
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Clubs Full Service Restaurants Limited Service Restaurants (Beer & Wine) Beer Only Restaurants On-Premise Beer Taverns LICENSE TYPES
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Local consent allows local government to decide the extent to which it will allow alcoholic beverage outlets in its community LOCAL CONSENT
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WHERE IT ALL BEGINS The Application... Due date... the 10 th of each month Local consent & licensing Conditional licenses
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LIQUOR APPLICATION
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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 CONDITIONAL LICENSES
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PROXIMITY 5 Community locations...5 Community locations... ChurchesChurches Public or private schoolsPublic or private schools Public parksPublic parks Public playgroundsPublic playgrounds Public librariesPublic libraries Two measurements...Two measurements... 200 ft. straight line200 ft. straight line 600 ft. path of pedestrian travel600 ft. path of pedestrian travel
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COMMUNITY LOCATIONS Churches
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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 BY STATUTE A CHURCH IS:
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COMMUNITY LOCATIONS Public or private schools
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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 BY STATUTE A SCHOOL IS:
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COMMUNITY LOCATIONS Public parks
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COMMUNITY LOCATIONS Public playground
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COMMUNITY LOCATIONS Public library
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MEASURING PROXIMITY Two measurements are taken;Two measurements are taken; 200 ft. straight line measurement200 ft. straight line measurement 600 ft. ordinary path of pedestrian travel measurement600 ft. ordinary path of pedestrian travel measurement Measured from the primary point of entry of the location seeking licensureMeasured from the primary point of entry of the location seeking licensure Measured to the nearest property line of the community locationMeasured to the nearest property line of the community location
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Applicant location Community location Public park Public park 200 ft. straight line 600 ft. pedestrian path of travel HOW IT WORKS
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If the applicant location is under 200 ft. from one of these locations they CANNOT be licensed. ChurchesSchoolsPlaygrounds 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 WHAT IF THEY ARE UNDER 200 FEET?
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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?
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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. WHEN ARE VARIANCES GRANTED?
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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. ChurchesSchools Public playgrounds Public Parks Public libraries OVER 200 FT. BUT LESS THAN 600 FT? OVER 200 FT. BUT LESS THAN 600 FT?
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IS IT A COMMUNITY EVENT? 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.
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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
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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.
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SINGLE EVENT AND SINGLE EVENT AND TEMPORARY BEER PERMITS What is the difference between Single Events and Temporary Beer?
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Temporary Beer Permit holders are able to serve:Temporary Beer Permit holders are able to serve: Only 3.2 beer Only 3.2 beer Can be served using:Can be served using: BottlesBottles CansCans KegsKegs TEMPORARY BEER PERMITS
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Think of a Single Event Permit as an “umbrella” permit.Think of a Single Event Permit as an “umbrella” permit. Single Event Permit holders are Single Event Permit holders are able to serve: able to serve: 3.2 beer3.2 beer Heavy beerHeavy beer WineWine DistilledDistilled Flavored Malt BeveragesFlavored Malt Beverages SINGLE EVENT PERMITS
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PERMIT APPLICATIONS These fields MUST match
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QUESTIONS Stephne Hanson shanson@utah.gov DABC 801-977-6800 abc.utah.gov If you are not sure, please just call us...
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