Minutes of the Meeting of the Utah s4

MINUTES OF THE MEETING OF THE UTAH ALCOHOLIC BEVERAGE CONTROL COMMISSION, COMPLIANCE, LICENSING AND ENFORCEMENT SUBCOMMITTEE HELD TUESDAY, FEBRUARY 24, 2015, AT 1625 SOUTH 900 WEST, SALT LAKE CITY, UTAH.

[Copies of the proposed agenda for this meeting were emailed to all persons on the regular email list (a copy of which is located in the front of the minute book) and to all of the individuals and groups on the agenda (applicants, those with violations, etc.) on Wednesday, February 18, 2015. A copy of the final agenda was posted on the bulletin board at the DABC Administrative Office, emailed to the Salt Lake Tribune and the Deseret News, and posted on the Utah Public Notice Website by 9:00 a.m. on Monday, February 23, 2015.]

Kathleen McConkie Collinwood called the meeting to order at 9:00 a.m.

Commissioners Present: David Gladwell and Kathleen McConkie Collinwood.

Staff Present: Nina McDermott, Compliance, Licensing and Enforcement Director.

Also Present: Sheila Page, Asst. Attorney General.

APPROVAL OF MINUTES:

Mr. Gladwell noted that a quorum is not present so the subcommittee will make recommendations to the full commission for approval.

Mr. Gladwell recommended that the full commission approve the minutes of the Compliance, Licensing and Enforcement Subcommittee meeting held January 27, 2015. Ms. McConkie seconded the recommendation.

VIOLATIONS: * Referral Source – State Bureau of Investigation (SBI) a. CONSENT CALENDAR :

[The following Consent Calendar items include uncontested letters of admonishment (written warnings) and settlement agreements that have been agreed to and accepted by the licensees. They are considered as a block with one vote unless one of the commissioners request that any item be removed for individual discussion. A summary of consent calendar items was distributed to the commissioners and is attached and made part of these minutes.]

1 (1) Deerhunter Pub & Grill, Spanish Fork, and *SBI (CL)

Sky Wabel (employee).

(2) Overlake Golf, Tooele, and Mark Dahl *SBI (BE)

(employee).

(3) Basilico Restaurant, Salt Lake, and Kirsten *SBI (RE)

Converse (employee).

(4) Break Sports Grill, South Jordan, and Jay *SBI (CL)

Aduna and William Peck (employees).

(5) Buffalo Wild Wings, Riverdale, and Amber *SBI (RE)

Vinacco (employee).

(6) Café Trang, Salt Lake, and Tai Minh Ngo *SBI (RL)

(employee).

(7) Cancun Café, Salt Lake, and Miranda *SBI (RE)

Murphy (employee).

(8) Chili’s, Riverdale, and Amy Turbyfill *SBI (RE)

(employee).

(9) Dub’s, St George, and Rhonda Devey *SBI (RB)

2 (employee).

(10) El Jaliciense #2, Kamas and Beatriz *SBI (RB)

Montano (employee).

(11) Fox Hole, West Jordan, and “Carrie Ann” *SBI (RL)

(employee).

(12) Harley & Buck’s Grill, Ogden, and Sharee *SBI (RE)

Lowe (employee).

(13) Historic Place, Ogden, and “Cami”, *SBI (CL)

“Wanda” and “Brandy” (employees).

(14) Millcreek Grill & Bar, Salt Lake, and Todd *SBI (RE)

Jenson (employee).

(15) Movie Grille, Ogden, and Kimberly Weber *SBI (RL)

(employee).

(16) Notch Pub, Kamas, and David Magnone *SBI (CL)

(employee).

(17) Paula’s Cazuela, St George, and Janet *SBI (RE)

Grisham (employee).

3 (18) Pizzeria 712, Orem, and Preston Guthrie *SBI (RL)

(employee).

(19) Tres Hombres, Salt Lake, and Ana Macias *SBI (RE)

(employee).

Sheila Page asked the subcommittee to strike #9 Dub’s in St. George and approve the balance of the consent calendar.

Mr. Gladwell moved to recommend that the full commission approve the consent calendar with the exception of #9 Dub’s in St. George. Ms. McConkie seconded the recommendation.

HEARING: a. Silver Dollar Sports Page, Price. STRIKE

DISCUSSION OF LICENSEE VIOLATIONS: a. Texas Roadhouse, Taylorsville.

Ms. Page gave an overview of the settlement agreement for a third sale to minor violation at Texas Roadhouse in Taylorsville. The parties stipulated to a 25 day suspension, costs of $127.00, and a fine of $15,000.00. Texas Roadhouse also agreed that should there be another sale to minor violation within the next 36 months, there will be an expedited hearing before the commission.

Jay Gamble, an attorney representing Texas Roadhouse, came forward to address the subcommittee. Mr. Gamble outlined his client’s efforts to stay in compliance in order to avoid future violations and urged the subcommittee to approve the terms of the settlement agreement. Mr. Gamble also advocated for licensees receiving letters for successfully handling covert underage buyer (CUB) operations.

Ms. McConkie will recommend that the full commission approve the settlement agreement for Texas Roadhouse in Taylorsville. Mr. Gladwell concurred with the recommendation.

COMPLIANCE UPDATE:

4 Ms. McDermott noted that Quantum Ultralounge dba Club One resolved the issues discussed in the January meeting. Staff is continuing to investigate a few documents and will report again next month.

Ms. McDermott stated that she will provide a quarterly compliance report next month including the number of audits, trainings, license applications, etc.

Ms. McDermott will continue to provide weekly reports on the legislative session and bills that affect 32B. Mr. Gladwell thanked her for the reports and asked that emerging issues also be included.

BEER WHOLESALER APPLICATION: a. Bowtie Beverage, Moab.

Abe Kader gave an overview of the application stating it is complete and staff recommends approval.

Ms. McConkie will recommend that the full commission approve a beer wholesaler license for Bowtie Beverage in Moab. Mr. Gladwell concurred with the recommendation.

TRANSFER OF LOCATION REQUESTS: a. Club DJ’s/Scofy’s STRIKE b. Outback Steakhouse (RE) From: 372 East University Pkwy., Orem. To: 372 East University Pkwy., Orem.

Dan Oberg gave an overview of the transfer of location request. He stated that the application is complete and staff recommends approval.

Ms. McConkie will recommend that the full commission approve a transfer of location for Outback Steakhouse in Orem. Mr. Gladwell concurred with the recommendation.

5 REQUESTS FOR EXTENDED CLOSURE: a. Miner’s Grill & Sports Bar, Park City. (CL)

Dan Oberg explained that if they receive a full-service restaurant license today, they will surrender the club license and will not need an extended closure.

Action on this item was held until after the full-service restaurant licenses were considered. Miner’s Grill & Sports Bar/Mangia Neapolitan Pizza in Park City did receive a full-service restaurant license and surrendered their club license. b. Buck’s Grill House/Vista Lounge, Moab. (RE) & (CL)

Stephne Hanson explained that the closure staff granted expires March 14, 2015 and they are experiencing construction delays. Staff is recommending approval.

Tim Buckingham from Buck’s Grill House/Vista Lounge came forward to address the subcommittee. He explained that the business was annexed into the city and when he enclosed the patio and added handicap accessible restrooms, he was also required to retrofit the fire suppression system. The mechanical engineering resulted in a construction delay. He expects to be open by the end of April and requested a 45 day extended closure.

Ms. McConkie will recommend that the full commission approve a 45 day extended closure beginning March 15, 2015 as the 90 day closure staff granted expires March 14, 2015 for Buck’s Grill House/Vista Lounge in Moab.

LICENSE RENEWALS: a. On-Premise Beer Recreational, Beer Only Restaurants, and Tavern Licenses.

Stephne Hanson gave an overview of the renewal lists for on-premise beer recreational, beer only restaurants, and tavern licenses. Ms. Hanson asked the subcommittee to consider the renewals for licensees that submitted complete and timely applications, and licensees that submitted late but complete applications. She noted that those that submitted late applications were assessed higher fees. The renewals will be effective March 1, 2015.

Ms. McConkie will recommend that the full commission approve the on-premise beer recreational, beer only restaurant, and tavern renewals for licensees that submitted complete and timely renewal applications, and licensees that submitted late but complete applications. Mr. Gladwell concurred with the recommendation.

LICENSE APPLICATIONS: a. Full Service Restaurant Applicants:

6 License Transfer:

(1) El Chihuahua, Salt Lake City.

New Applicants:

(1) La Hacienda, Moab. (Conditional)

(2) The Spoke, Moab. (Conditional)

(3) Mangia Neapolitan Pizza, Park City.

(4) Oregano Italian Kitchen, Provo. (Conditional)

Stephne Hanson gave an overview of the license transfer and new applications noting #1 La Hacienda in Moab, #2 The Spoke in Moab, and #4 Oregano Italian Kitchen in Provo are conditional. Staff recommends approval. Ms. Hanson also noted that #3 Mangia Neapolitan Pizza will give up a club license if approved for a full-service restaurant license.

Ms. McConkie will recommend that the full commission approve a full service restaurant license transfer for #1 El Chihuahua in Salt Lake City; conditional full service restaurant licenses for #1 La Hacienda in Moab, #2 The Spoke in Moab, and #4 Oregano Italian Kitchen in Provo; and a full service license for #3 Mangia Neapolitan Pizza in Park City. Mr. Gladwell concurred with the recommendation.

b. On-Premise Beer Recreational Applicants:

New Applicants:

(1) The Barn at High Star Ranch, Kamas. (Conditional)

(2) Green Spring Golf Course, Washington.

Stephne Hanson gave an overview of the new applications stating staff recommends approval. The licenses will not be effective until March 1, 2015.

7 Ms. McConkie will recommend that the full commission approve a conditional on-premise beer recreational license for #1 The Barn at High Star Ranch in Kamas; and an on-premise beer recreational license for #2 Green Spring Golf Course in Washington. Mr. Gladwell concurred with the recommendation.

c. On-Premise Beer Tavern Applicants:

New Applicants:

(1) Park City Brewery, Park City.

(2) Klub Deen’s, Salt Lake City. STRIKE

Stephne Hanson asked the subcommittee to strike #2 Klub Deen’s and gave an overview of the new application for #1 Park City Brewery stating staff recommends approval. The license will not be effective until March 1, 2015.

Ms. McConkie will recommend that the full commission approve an on-premise tavern license for #1 Park City Brewery in Park City. Mr. Gladwell concurred with the recommendation.

d. Reception Center Applicant:

New Applicant:

(1) The Barn @ High Star Ranch, Kamas. STRIKE

e. Limited Service Restaurant Applicants:

New Applicants:

(1) Comb Ridge Coffee, Bluff.

(2) Pinewoods Resort, Duck Creek.

(3) Hot Mama’s Pizza & Brew, Duck Creek.

(4) Pig & A Jelly Jar, Ogden. (Conditional)

8 (5) Atlantic Restaurant, Salt Lake City. (Conditional)

(6) Zaferan Café, Salt Lake City.

Steve Wallenda gave an overview of the applications noting #4 Pig & A Jelly Jar requires a proximity variance. A public hearing was held with no opposition. Staff recommends approval of the applications and proximity variance for #4 Pig & A Jelly Jar.

Ms. McConkie will recommend that the full commission approve limited service restaurant licenses for #1 Comb Ridge Coffee in Bluff, #2 Pinewoods Resort in Duck Creek, #3 Hot Mama’s Pizza & Brew in Duck Creek, and #6 Zaferan Café in Salt Lake City; and conditional limited service restaurant licenses for #4 Pig & A Jelly Jar, along with a proximity variance, in Ogden, and #5 Atlantic Restaurant in Salt Lake City. Mr. Gladwell concurred with the recommendation.

f. Club Applicants:

Club applicants were considered during the full commission meeting.

QUESTIONS/COMMENTS FROM COMMISSIONERS AND PUBLIC:

 Jay Yahne from Hive Winery and Hive Brandy Company came forward and expressed support for licensees receiving notice of CUB operations they pass.

The meeting adjourned at 9:35 a.m.