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Senate adopts first substitute to SB153, sending broad rewrite of Utah alcohol laws to third reading
Summary
Senators adopted a first substitute to Senate Bill 153 after extensive floor debate and public‑input changes. The substitute (addressing proximity variances, minors in limited circumstances, license classes, after‑hours rules and fee structures) passed and was placed on the third‑reading calendar; small‑winery fee relief was added as an amendment.
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Senators voted to substitute and advance Senate Bill 153, a comprehensive rewrite of Utah’s alcohol laws, following a lengthy floor debate that incorporated changes from public hearings and industry and law‑enforcement input. The first substitute was adopted and the bill was placed on the third‑reading calendar.
Senator Craig Valentine, sponsor of the substitute, said the rewrite responds to five areas of public concern: proximity siting rules for alcohol licenses, rules for minors on premises in narrowly defined situations, regulations for dance and concert halls, the number and classes of licenses (including a new limited restaurant license), and after‑hours cooling‑off provisions. "Better enforcement, controlling underage drinking, controlling over consumption, and to make our law more hospitable," Valentine said on the floor as he outlined the bill’s goals.
On the proximity issue, the substitute keeps a 600‑foot baseline restriction for certain license types but allows local governments to grant variances under criteria that must consider potential harmful effects, a change the sponsor said adopted language suggested by Mothers Against Drunk Driving and other commenters. The substitute also creates a new limited restaurant license that can serve beer and wine and allows local control to grant siting variances under added safeguards.
The bill changes how minors can be on licensed premises in narrowly defined circumstances: with parents during non‑operating hours, in food‑service areas, as employees whose parents are owners, or when employed for non‑service work during non‑operating hours. Valentine said the rules aim to preserve family‑run and rural operations while preventing minors from being in active bar areas.
Senators also debated technical regulatory issues such as wine‑markup sunset provisions and a graduated license‑fee structure. Senator Valentine said the bill moves license fees to a graduated scale to avoid charging the same fee for a $10,000‑a‑year operator and a $1,000,000‑a‑year operation; he said further refinements to the graduated schedule would be addressed in amendments the following Monday.
A narrow amendment offered by Senator Blackham exempted three small Utah wineries (about 3,000 bottles per year) from a larger fee increase. "These are 3 small wineries... their fee is only going to go from $1,000 to $1,200," Blackham said; Valentine accepted that change as a friendly amendment and the Senate adopted it.
Opponents on the floor urged caution about procedural protections. Senator Jenkins raised concerns about administrative remedies and burden of proof, arguing that earlier drafts had shifted evidentiary burdens to licensees and that the substitute removed problematic provisions. "In committee, there was one problem I had with this bill... the burden of proof was really shifted to the owner," Jenkins said; Valentine replied that the substitute standardizes definitions and preserves trial‑de novo and discovery rights under the Administrative Procedures Act.
With the first substitute adopted, senators voted to place the bill on the third‑reading calendar for further consideration. The sponsor said additional technical amendments would be filed Monday to harmonize SB153 with related bills and to finalize the graduated fee schedule.
What’s next: SB153, as substituted, will be read on third reading with planned coordination amendments to follow.
