For bars, not scanning licenses carries same penalty as serving minors
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

It can be illegal for a bar to serve a drink to young adults in Utah — even if they are older than 21.

And the penalty for failing to electronically verify licenses of anyone who looks 35 years or younger? It's akin to serving alcohol to a minor. Both offenses carry a 5- to 30-day suspension. Fines from $500 to $3,000 may also be levied.

Commissioners of the Utah Department of Alcoholic Beverage Control adopted the rule earlier this week, although similar penalties had been levied against offending clubs before the board formally adopted it.

In the same meeting, board members reiterated their concern that the state harms economic development by not having enough liquor licenses for new restaurants.

The penalty involving electronic scanners is part of landmark legislation that did away with Utah's private club law in July 2009. Then-Gov. Jon Huntsman Jr. had made elimination of the private clubs one of his priorities to boost the state's $6 billion-a-year tourism industry.

In exchange for dropping membership requirements, lawmakers required bar owners to install electronic devices and to retain the data for seven days to aid in police investigations of alcohol-related crimes.

The law requires only clubs to use scanning devices. Grocery stores, restaurants serving liquor and state-controlled liquor outlets have no similar requirements to electronically check licenses.

Former commissioner Bobbie Coray, whose term ended in June, had made the motion to begin the lengthy rule-making process. She rejected some clubs' request that the offense be deemed as a less serious minor infraction, which would have carried a written or verbal warning.

She said the violation involves issues relating to public health and underage drinkers, making it a serious offense.

In an undercover sting, All-Star Sports Club in Tooele was cited for failing to use a scanning device and serving alcohol to underage decoys. The club was ordered to pay $1,200 in fines and costs and was closed for five days in August.

Utah has 362 bar licenses, allowing clubs to serve all types of alcohol, and 304 licenses allowing restaurants to serve heavy beer and wine. Licenses are based on population quotas, and in August, three restaurant licenses became available. All were quickly snapped up.

Everest Tibetan Restaurant in Salt Lake City, which has applied for a liquor license for the past three months, was finally granted a liquor permit. Thai House Cuisine 2 in Draper and Sarasota's Casual Dining in Washington Terrace also were awarded licenses.

Commission Chairman Sam Granato asked lawmakers attending this week's meeting to consider legislation that would expand or re-configure license quotas. The state has run out of club and restaurant licenses, but still has 51 available tavern permits allowing 3.2 beer.

dawn@sltrib.com Penalties for a scanning violation

The penalty for failing to use an electronic scanning device is a suspension of 5 to 30 days and/or a fine of $500 to $3,000.

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