Bars and restaurants aren’t allowed within 300 feet of schools, churches and parks or libraries in Utah, but the state’s growth has made it increasingly difficult for businesses not to run into proximity challenges.
That’s why the state is considering loosening some of its proximity restrictions. Members of the House Business, Labor and Commerce Committee voted unanimously Friday to favorably recommend HB597, an omnibus alcohol amendments bill.
If approved, bars and restaurants at full-service hotels — facilities offering at least 30 rooms for temporary sleeping accommodations — would be allowed to sell alcohol closer to public parks if a city approves the request following a public hearing. A city approval would trigger an application for the Utah Alcoholic Beverage Services Commission to review and approve or deny, said Rep. Jefferson Burton, R-Salem, the bill’s sponsor.
Many cities have run into these issues as populations grow closer to large parks, and this could help improve the process.
“I believe, though, that local governance is the best methodology. They’re elected and can be fired by the people that elect them if they make the wrong decision,” he said, adding that personal responsibility is “key here” when it comes to drinking, too.
While Burton didn’t say which cities had dealt with this issue, the bill would answer a lingering question about a proposed 7-story hotel next to Sugar House Park in Salt Lake City. The city is still considering a property rezone for the project, but the project calls for a rooftop restaurant and top-floor banquet space.
Full-service restaurants could also be allowed closer to parks, Burton said, but church and school proximity requirements wouldn’t change. The change wouldn’t apply to bars, either.
Not everyone was pleased by the proposed change. Art Brown, a Utah resident, told the committee that he’s concerned about proximity to playgrounds, where impressionable kids could be close to alcohol. Others said the change could weaken the state’s consistent standards to prevent early alcohol exposure for youth.
“Consistency across the state makes our laws easier to understand, easier to enforce and more fair for businesses and communities alike,” said Heidi Baxley, prevention specialist for the Southwest Behavioral Health Center. “When standards vary by municipality, it creates confusion, uneven enforcement and, ultimately, pressure on our local leaders.”
However, the change would make it easier for cities that run into planning challenges regularly, said Bountiful Mayor Kate Bradshaw, who also serves as president of the Utah League of Cities and Towns.
“These are conversations that take place in our communities as we take on economic development opportunities, recreation opportunities and, of course, on the important issue of public safety,” she said.
Others on the committee appeared to agree. Rep. Jake Sawyer, R-West Haven, said it’s becoming more difficult for businesses to expand amid the growth, given the proximity rules. He imagines that the church and school provision may also have to be reviewed sometime in the future.
Rep. Jason Kyle, R-Huntsville, said the church his family attends and a park are close to the Shooting Star Saloon, since that opened in 1879 and predates current laws, and it hasn’t caused any problems.
“I think this will work out,” he said.
The bill would address a few other things, if approved by the Utah Legislature, including issues with a new law. Restaurants would not need to check IDs for everyone like last year’s HB437, which went into law on Jan. 1. However, it would need to verify someone’s age for any customer purchasing alcohol who appears to be 35 or younger. The bar requirement would not change.
State liquor stores would adopt the state’s change recommendations, rounding all cash payments to the nearest nickel to account for the phasing out of pennies.
The bill now heads to the House floor for a full vote. All bills must be passed by the House and Senate by March 6 before going to the Gov. Spencer Cox’s desk for final approval. Some changes would go into effect as soon as a signature, or in May.
