Alcohol laws of Utah
The alcohol laws of Utah regulate the selling and purchasing of alcohol in the U.S. state of Utah and are some of the most restrictive in the United States.
A person must be 21 years old or older to buy or consume alcohol. The Utah Department of Alcoholic Beverage Services has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition. Utah is one of seventeen control states, meaning the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages.
Current Utah law sets a limit of 4.0 percent alcohol by weight in beer sold at grocery and convenience stores and at establishments operating under a "beer only" type license, such as taverns, beer bars and some restaurants. Beer over 4.0 percent by weight is available in State Liquor Stores and Package Agencies and at clubs and restaurants licensed to sell liquor.
In commercial facilities, the time at which alcohol may be served is limited, and alcohol may not be sold any later than 1:00 a.m. under any circumstance.
Background
, to which 55% of Utah residents belong, advises against the consumption of alcohol for its members in the Word of Wisdom given in the Doctrine and Covenants. Because of this traditional LDS teaching and the large population of Latter-day Saints in Utah, the alcohol laws of Utah have generally been strict. However, several attempts to make Utah a dry state also failed, and due to a need to address violence caused by bootlegging, on December 5, 1933, the 21 members of the Utah delegation to the constitutional convention unanimously cast the 36th deciding state vote to repeal the Eighteenth Amendment and ratify the Twenty-first Amendment, thus repealing national alcohol prohibition.Since 1935, Utah's liquor industry has been controlled through state-run liquor store outlets.
Zion curtains
Zion curtains was a nickname for partitions unique to Utah restaurants that separate restaurant bartenders preparing alcoholic drinks from the customers who order them. The partitions are mandated for restaurants with "Limited-Service Restaurant Licenses" and "Full-Service Restaurant Licenses". These partitions are often made of frosted glass since they are required to be "solid, translucent, permanent". They were mandated in hopes of combating excessive drinking by keeping alcohol out of sight of restaurant patrons who choose not to consume alcohol. In the spring 2017 legislative session, the Zion Curtain laws were reformed.Zion Curtain reform
Legislation enacted in 2010 restored the barriers as part of a broader compromise on alcohol reform; in 2013, the Utah legislature considered legislation removing the barriers permanently from all establishments, although the legislation ultimately did not pass.Abolishing the Zion curtains was an often proposed and contentious issue affecting Utah politics for years. Many restaurants feel it introduces one more hardship in a state with too many alcohol restrictions, while others feel like it is a much-needed instrument to protect children and teens from exposure to alcohol consumption. A new bill, HB 339, was introduced that would allow restaurant owners to abolish their Zion curtain provided the owners established a separate bar area that would not be accessible to anyone under the age of 21.
Lawmakers insist that a wall or partition obscuring any alcoholic beverages from view helps to shield children and teens from the glamorization of alcohol. Jim Fell, a research scientist with the Pacific Institute for Research and Evaluation, points out that "... no research has been conducted to establish whether there is any actual benefit to this law's implementation. Exposure to alcohol does have an effect on teen drinking, but I worry that the multimedia, including alcohol advertising, would overwhelm any effects that the Utah law might have," said Fell. "It's important to evaluate this — but it would have to be done by an independent, objective researcher, not someone who is an advocate or who opposes the law."
In 2017, another bill, HB 442, was passed that took down the requirement of the Zion Curtain in restaurants, but initially replaced it with a rule that created a minimum 10-foot distance from the location where the alcoholic drinks were prepared and tables where people under the age of 21 could be seated. It also required signage on restaurants and bars that clearly stated at the entrance that "This premise is licensed as a restaurant, not a bar" or vice versa. As part of the changes included in HB 442, it removed the "Dining Club license" that allowed restaurants with the license to serve alcohol without the "intent to dine" clause used in the standard restaurant liquor license, with existing dining club licensees required to choose to be either a restaurant or a bar by July 1, 2018. However, there was push back from restaurant owners for the odd signs they had to use stating they were not a bar, owners in small facilities where there is not enough space in the establishment to meet the 10-foot requirement, and existing dining club establishments that would need to remodel their business practices to be either a bar or the sales restrictions of a restaurant. In March 2018, legislature revamped the bill again removing the requirement for restaurants to use the "not a bar" signs.
2002 Winter Olympic Games
During the 2002 Winter Olympic Games, the Department of Alcoholic Beverage Control relaxed enforcement of Utah's alcohol laws. This led to the passing of less restrictive laws effected in May 2003. This came after complaints, particularly after an incident in which an International Olympic Committee official complained.2009 efforts for reform
Governor Jon Huntsman, Jr., a member of The Church of Jesus Christ of Latter-day Saints, was a proponent for less restrictive alcohol laws during his time in office. He believed reform would be favorable to the state's tourism industry. He signed legislation allowing existing restaurants to remove the partitions, although future restaurants would be required to prepare alcoholic drinks outside of their patron's immediate view. Effective in June 2009, bars and clubs were no longer required to charge a cover, or a membership fee, making liquor more accessible to tourists and locals.Even though homebrewing of beer and wine had been popular for many years in Utah, with multiple retail and even wholesale outlets for purchasing supplies, and ingredients, there was no law forbidding it or allowing it on the books. In March 2009, homebrewing for the citizens of the state was formally made legal.
Current Utah laws
Utah laws restrict supermarkets operating within the state to only sell packaged beer up to 5.0% ABV ; beer containing alcohol greater than this amount can only be sold at state-controlled liquor stores. On November 1, 2019, the law increased the permitted ABV in beers to 5.0% after passing Utah SB 132 in March 2019. The bill initially proposed a 4.8% ABV, but received push back from local breweries as the arbitrary limit seemed to favor the major national brands.Bars, clubs, taverns, and other establishments selling in-house or "on premise" alcohol are allowed to sell alcohol from 10:00am – 1:00am. Locations defined as a restaurant under Utah law require that any alcohol be ordered along with food, and can sell alcohol from 11:30am – 1:00am. Restaurant liquor licenses also require the establishment to have less than 30% of all sales be alcohol.
On March 8, 2013, the Utah legislature passed a law allowing restaurant patrons to order alcohol before ordering food after a controversial series of citations was issued to several restaurants.
Drunk driving
In 1983, Utah was the first state to lower its statewide blood alcohol content limit for operating a vehicle to 0.08% from the standard 0.10%. On December 30, 2018, Utah became the first state to further lower its limit to 0.05% BAC.Public opinion
A 2014 poll through UtahPolicy.com found 62 percent of Utahns were in favor of removing the requirement that new restaurants install Zion curtains to hide the preparation of alcoholic beverages from consumers. Thirty-one percent opposed such a change.Economic impact
Utah is growing at a moderate growth rate and has unemployment below 4%, with fairly large gains in the tech industry. Many new companies have located in Utah due to their friendly business practices. According to the Governor's Economic report, liquor sales have risen 7.9% in 2014, "as consumption, demographic patterns, and economic factors combined to push sales up"."Travel research firm TNS Global, reported total Utah person trips during the first six months of 2014 had increased an estimated 12 percent from 2013, with an 18 percent increase in nonresident visitors. Similarly, during the first three quarters of 2014, total visits to Utah's five national parks and places had increased 10 percent from the previous year."