Public torn as Zion Curtain reforms move forward

February 28, 2017 Utah Channel 3

ST. GEORGE — The House Business and Labor Standing Committee heard and approved a substitute version of a massive and controversial liquor reform bill Wednesday morning after considering several comments both in favor and in opposition of the bill.

The proposed Alcohol Amendments legislation, first designated as HB 442 and now HB 442-S1 for the substitute bill, is sponsored by Utah House Majority Leader Brad Wilson, R-Layton. It was introduced Monday to both major acclaim and criticism from all sides of the issue and saw revisions Tuesday night while under consideration by the House committee.

Two aspects of the revised, or substitute, bill that gathered the most attention were the addition of a third option for businesses aimed at separating children from alcohol preparation and extending the deadline for businesses to comply with one of these options.

“In a piece of legislation of this size, there’s probably going to be a few tweaks here and there, but I think what we all care about most is having good alcohol policy,” Wilson said before the committee vote. “I think there is a lot of good in this bill, whether it’s the opportunity to educate our youth, whether it’s the opportunity to see a different environment in our off-premise retailers and the opportunity to create a level playing field with all of our restaurants, and so I encourage your support.”

Revisions

The original version proposed that as of 2018 all businesses would have to choose between: (1) the Zion Curtain, a 7-foot barrier preventing patrons from seeing the preparation of alcohol; and (2) a 10-foot perimeter around the bar area where no children could be seated. The substitute bill adds a third option to businesses: a 42-inch structure 6 feet from the bar creating an adults-only area.

Wilson hopes the new third option will help businesses that previously didn’t need or want the Zion Curtain, he said, as well as businesses that may have been forced to choose the Zion Curtain due to space restrictions that couldn’t accommodate the 10-foot perimeter option.

The proposed reforms eliminate any grandfather exceptions that would otherwise exempt businesses that had been serving alcohol before these or earlier restrictions were enacted.

The substitute bill also extends the timeline within which businesses would be required to comply. In the first version, compliance would have been required of all businesses effective 2018; in the newer version, compliance would be required by July 2022.

Public comments

Opinions on the bill ran the spectrum and largely addressed the issue of the Zion Curtain. Owners of establishments that serve alcohol spoke both in favor and opposition of the bill.

“I’m in full support of the positive step forward in bringing the wall down,” Michael McHenry, COO of Even Stevens Sandwiches, said.

As an owner, McHenry said, his concern is for his restaurant leaders to have the ability to monitor what bartenders are doing, something hindered by the Zion Curtain. He also mentioned the costs his company incurred complying with previous regulations.

Tim Ryan from Bout Time Pub & Grub, on the other hand, opposed the bill and sought protections for businesses attempting to comply in areas where ordinances or lease agreements might conflict. In particular, he noted these issues may arise because the proposed law eliminates a “club” liquor license in favor of simply “bar” or “restaurant” licenses based on percentage of food vs. alcohol sales.

“Passage of this bill will have a grave impact on our business,” Ryan said. “Local ordinances and zoning do not necessarily allow for a … ‘bar’ operation in a particular zone.” Ryan cited Holladay as an example of a location he might be forced to close his business for inability to comply with the law.

“We cannot choose to become a restaurant,” he said, “but by choosing to become a bar, we are losing our ability to operate in certain locations.”

Susan Cohen from Snowbird Ski Resort also spoke against the bill with similar licensing concerns. Snowbird has several different types of licenses, Cohen said, including social club, dining club, restaurants with grandfathered Zion Curtains, restaurants without Zion Curtains and banquet licenses. It took her five hours to go through Wilson’s bill, she said, and believes they need more time.

Several restaurant owners who are members of the Utah Restaurant Association spoke in favor of the bill. Katy Sine, URA vice president of marketing and communications, called the Zion Curtain “an operational hindrance.” The Salt Lake Chamber of Commerce also stated its support of the bill.

However, Laura Bunker, co-director of Family Policy Resource, said the Zion Curtain needs to stay in place.

“Utah has more children per capita than any other state, and they should be our priority,” Bunker said, paraphrasing her recent op-ed published in Deseret News. “Children learn from what they see. … We can either put a fence at the top of the cliff or more ambulances at the bottom. Alcohol barriers in restaurants are part of our fence at the top of the cliff to prevent underage drinking.”

Gayle Ruzicka, president of Utah Eagle Forum, also spoke in opposition to the bill. She mentioned she had recently gone into a restaurant with her grandson and, given the proposed legislation, paid particular attention to the Zion Curtain.

“I was so grateful that I didn’t see them preparing alcohol where my grandson could see it,” she said.

Ruzicka added that she wondered if she would have returned to the restaurant with her grandson if there had been no barrier.

“I thought to myself, ‘Shame on me if I would.’ … Let’s leave the restaurants the way they are.”

Committee action

After considerable deliberation and public comment, committee member Rep. Jon Stanard, R-St. George, made a motion to pass the bill out of committee with a favorable recommendation. Several other members commented that although they had concerns, they believed it should go to the full House.

The motion passed by a vote of 13-1, with Rep. Mark Wheatley, D-Salt Lake City, as the only dissenting vote.

Resources

Read the bill: 2017 HB 442-Substitute 1 – Alcohol Amendments | Previous version: 2017 HB 442 – as introduced – Alcohol Amendments
Contact legislators:
- Bill sponsor: Brad Wilson
- Southern Utah Sens. Ralph Okerlund, Don Ipson, Evan Vickers and David Hinkins | Listing of all senators.
- Southern Utah Reps. Walt Brooks, Merrill Nelson, Brad Last, John Westwood, Mike Noel, V. Lowry Snow and Jon Stanard | Listing of all members of the House of Representatives

Email: pdail@stgnews.com

Twitter: @STGnews