Council staff propose repealing outdated alcohol code section 9.41 as cleanup item

City legal staff told the Provo City Council on April 8 that Chapter 9.41 of the Provo City Code — an older municipal adoption of a previous version of the Utah Alcoholic Beverage Control Act — should be repealed as a housekeeping action.

Bob Tremblay, who presented the item, said the previous state statute required municipalities to formally adopt the state law before enforcing it. The state recodified the law in a later section of the Utah Code (identified in the discussion as “32B”/recode), and the new statutory scheme no longer requires local adoption for enforceability. Tremblay described the proposed repeal as a cleanup action to avoid carrying obsolete references in city code.

Tremblay said the change will be reintroduced at an evening council meeting and go through the usual ordinance process. Council members asked clarifying questions about other code cleanup projects and a broader effort in the City Attorney’s Office to update outdated or anachronistic provisions (examples cited included very old, now-irrelevant restrictions).

The presenter and staff said the repeal is primarily administrative; it does not change enforcement of current state liquor laws but removes an obsolete local adoption that could cause confusion. Staff indicated the item will return for formal ordinance consideration on the council’s evening agenda.