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Utah House passes wide-ranging alcohol bill, phases in license changes
Summary
The House passed Second Substitute House Bill 442 on March 3, 2017, 58–10. The measure phases in new licensing options through 2022, revises proximity rules for bars and restaurants, adds an industry seat to an advisory committee and increases markup to fund prevention and department operations.
Representative Wilson moved the second substitute of House Bill 442 on March 3, describing the measure as a package to modernize Utah's alcohol code and to help prevention efforts. He said the substitute "phases in the implementation for dining clubs" to 2022, adds an eighth member from the restaurant industry to the Division of Alcohol and Beverage Control advisory committee, delays some off-premise license components and gives licensees multiple options for separating dispensing and dining areas.
Key provisions floor-discussed include:
- A phase-in date for new licensing and layout options through July 2022 (5½ years from passage). Representative Wilson: "They've got 5 and a half years from now to implement those changes." - Four compliance options for on-premise licensees (retain current setup, separate room, 10-foot buffer, or a 42-inch half wall). - Reduced proximity buffer for restaurants located near churches, parks and schools from 600 feet to 450 feet to reduce waiver subjectivity. - A 2% markup increase that the sponsor said would be reinvested in prevention programs, department staffing and training.
The floor record shows detailed question-and-answer exchanges about grandfathering, small businesses, wine service and the bill's fiscal assumptions. Representative Christensen queried whether the 5½-year grandfathering window and physical constraints for long-term leases were adequately balanced; Representative Wilson replied that roughly 330 of 1,100 licensees are grandfathered and the phase-in allows remodeling and operational choices.
After extended questions and discussion, the House voted. Second substitute House Bill 442 received 58 yes votes and 10 no votes and will be transmitted to the Senate for its consideration.
