MINUTES OF THE MEETING OF THE UTAH ALCOHOLIC BEVERAGE CONTROL COMMISSION, COMPLIANCE, LICENSING AND ENFORCEMENT SUBCOMMITTEE HELD TUESDAY, FEBRUARY 25, 2014, 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 19, 2014. 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 24, 2014.]
John T. Nielsen called the meeting to order at 9:00 a.m.
Commissioners Present: John T. Nielsen and Olivia Agraz.
Staff Present: Nina McDermott, Compliance, Licensing and Enforcement Director.
Also Present: Sheila Page, Asst. Attorney General.
APPROVAL OF MINUTES:
The subcommittee did not vote on the minutes.
Mr. Nielsen announced that as there isn’t a subcommittee quorum present, the subcommittee will not take formal action but will make recommendations to the full commission.
1 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) Agave Mexican Cuisine, Orem, and *SBI (RE) Alberto Lopez (employee).
(2) Escala Provisions, Park City, and “Spencer” *SBI (RE) and “Sean” (employees).
(3) Weber County Ice Rink, Ogden. *SBI (SE)
(4) Howdy’s Hilltop Tavern, Roosevelt, *SBI (CL) and “Missy” and “Rhia” (employees).
(5) Wells Club, Duchesne. *SBI (CL)
(6) Wing Nutz, S. Jordan, and Ryan J Smith *SBI (RE) (employee).
(7) Poundcakes, Salt Lake City. *SBI (RE)
(8) Lorena’s Café, Woods Cross, and *SBI (RB) Maria L Rodriguez (employee).
(9) Old Spaghetti Factory, Orem, and Ray *SBI (RE) McCreary (employee).
(10) Mi Tenampa, Ogden. STRIKE
2 Sheila Page asked the subcommittee to strike #10 Mi Tenampa and noted that #4 Howdy’s Hilltop Tavern still needs to submit a responsible alcohol service plan.
The subcommittee will recommend that the consent calendar be approved after striking #10 Mi Tenampa and with the stipulation that #4 Howdy’s Hilltop Tavern be approved pending receipt of their responsible alcohol service plan by Friday, February 28, 2014.
ORDER TO SHOW CAUSE: a. American Legion #129, Huntsville. STRIKE b. Gepetto’s (RL), Holladay. c. Club XS, Vernal. STRIKE d. Talons Cove Golf Course, Saratoga Springs. STRIKE e. Normandie Café & Bakery, Salt Lake City. STRIKE
Mr. Nielsen noted that items #a American Legion, #c Club XS, #d Talons Cove, and #e Normandie Café have been stricken from the agenda. Mr. Nielsen asked if a representative from #b Gepetto’s was in attendance. Ms. McDermott noted that #b Gepetto’s received notice of the meeting but a representative is not in attendance. Mr. Nielsen recommended that the license be revoked if they do not appear for the full commission meeting at 10:00 a.m.
MANUFACTURING LICENSE APPLICATION:
3 a. Elevation Distilling, Midvale.
Abe Kader gave an overview of the application.
Aaron Ilott from Elevation Distilling came forward and gave the subcommittee an overview of their business.
The subcommittee will recommend approval.
SINGLE EVENT PERMITS: a. Utah Grizzlies Hockey @ Maverik Center, West Valley City. (1) February 28 and March 1, 2014 (1st permit) (2) March 21 and 22, 2014 (2nd permit) (3) April 11 and 12, 2014 (3rd permit)
Mr. Nielsen stated the subcommittee will hear from the applicant but action will be deferred to the full commission meeting.
Agostino DiGiacomo from Diamond Concessions came forward to address the subcommittee. He gave an overview of his request for single event permits for three Grizzlies hockey games.
Mr. Nielsen expressed concern as to whether the hockey games meet the intended use of the single event permits.
LICENSE RENEWALS:
4 a. On-Premise Beer, Beer Only Restaurants & Taverns.
Keith Zuspan gave an overview of the lists for on-premise beer, beer only restaurant and tavern renewals. List 1 renewals were submitted timely and are complete. List 2 renewals were submitted timely but the licensees are not in good standing with either the Labor Commission or Workforce Services. List 3 contains the late renewals, and List 4 contains the non-renewals. Mr. Zuspan asked the subcommittee to take action on List 1 and List 2.
Mr. Zuspan also gave an overview of the renewal for Mountain View Golf Course. The renewal was submitted timely and is complete but the licensee is asking for a waiver of the 70% food/receipt percentage.
Lori Havel came forward to address the subcommittee. Ms. Havel explained that the golf course is owned and operated by Salt Lake County. She is the concessionaire at the golf course but is unable to include the green fees or other services towards meeting the 70% food or total receipts requirement. She explained that they are installing a new kitchen to offer more baked goods and food.
Ms. McDermott explained that other licensees own the recreational facilities are able to include their fees and services towards their receipts. Ms. Havel only owns the concession stand so is unable to use the fees and services as the department is unable to audit the receipts. The department doesn’t have a problem with giving her a chance to increase her food sales.
Mr. Nielsen stated that the subcommittee will recommend approval of the renewals on List 1 that renewed timely and are in good standing, including Mountain View Golf Course. Mountain View Golf Course will be given time to see if their changes will allow them to meet the food requirement.
Mr. Nielsen stated that the subcommittee will recommend approval of the renewals on List 2 contingent upon clearance of all issues with taxing agencies by March 31, 2014.
LICENSE APPLICATIONS:
5 [For brevity, the street address, name of the representative, classification (clubs only) seating capacity of the establishment and opening date will be referenced. Proximity and special issues will be noted. A video tape recording of the statements made is on file at the DABC administrative office.]
CLUB APPLICANTS
Club applicants will be heard from in the full commission meeting.
LIMITED-SERVICE RESTAURANT APPLICANTS :
(1) Eva’s Bakery, Salt Lake City: STRIKE
(2) Royal Thai Cuisine, 568 W. Telegraph #1, Washington: Nutjarin Phuratchatakul; 80 seats; open.
Stephne Hanson asked the subcommittee to strike #1 Eva’s Bakery and gave an overview of #2 Royal Thai Cuisine.
Mr. Nielsen stated that the subcommittee will recommend approval of #2 Royal Thai Cuisine.
FULL-SERVICE RESTAURANT APPLICANTS :
(1) Millcreek Grill & Bar, Salt Lake City: STRIKE
(2) Lehi Marriott Courtyard Hotel, 2801 W. Clubhouse Drive, Lehi: Paul Welker; 35 seats; scheduled to open May 2014.
(3) La Cava Grill, 4153 West 5415 South, Kearns: Mara Garcia; 80 seats; scheduled to open 3/14. (conditional)
(4) Hi-Fi Café, 239 South 500 East, Salt Lake City: Chris Wright; 50 seats; scheduled to open 4/1/14.
Rob Hansen asked the subcommittee to strike #1 Millcreek Grill and gave an overview of the balance of the applications. He noted #2 Lehi Marriott is not conditional but will go on a 90 day
6 temporary closure, #3 La Cava Grill is a conditional application, and #4 Hi-Fi Cafe is not conditional but will go on a 60 day temporary closure in order to complete construction.
Mr. Nielsen stated the subcommittee will recommend approval of items #2 Lehi Marriott, #3 La Cava Grill, and #4 Hi-Fi Café.
ON-PREMISE RECREATIONAL BEER APPLICANTS :
(1) Skyline Mountain Base, 3567 Nordic Valley Way, Eden: Richard Schneider; 150 seats; open.
(2) Wolf Creek Golf Course, 3900 N. Wolf Creek Circle, Eden: Lesa May; 150 seats; scheduled to open 4/1/14. (conditional)
Dave Weloth gave an overview of the applications noting #2 Wolf Creek Golf Course is conditional.
The subcommittee will recommend approval.
ON-PREMISE RESTAURANT BEER ONLY APPLICANTS :
(1) Winger’s, 260 West 200 North, Kaysville: Eric Slaymaker; 140 seats; open. (change of ownership)
(2) Mariscos Los Chinchorros, 610 W. Center Street, Provo: Adrian Mariscal; 60 seats; open.
Dave Weloth gave an overview of the applications noting #2 Mariscos Los Chinchorros will need a proximity variance. A hearing was held with no opposition and letters of approval were received from Provo City and the school.
The subcommittee will recommend approval of the licenses and the proximity variance.
7 ON-PREMISE BEER TAVERN APPLICANTS :
(1) La Sabre, 44 N. Merchant Street, American Fork: Peggy Chavez; 42 seats; open.
(2) Las Rocas, West Haven: STRIKE
Dave Weloth asked the subcommittee to strike #2 Las Rocas. He explained that #1 La Sabre was formerly licensed as a club but in September 2010 the commission revoked the club license.
Peggy Chavez came forward to address the subcommittee. She explained that they are retaining the same name, and the former licensee owns the building, but he will have no managerial or operational authority over the business. Ms. Agraz asked that the applicant sign a document stating that the former licensee will have no managerial or operational authority.
QUESTIONS/COMMENTS FROM COMMISSIONERS AND PUBLIC:
None.
The meeting adjourned at 9:20 a.m.
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