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Utah lawmakers to weigh alcohol laws, public health worries

Deseret News (UT) - 1/27/2015

SALT LAKE CITY -State lawmakers will hear about what some call "weird" and others call wonderful and life-saving - Utah's liquor laws - from various interests groups, drinkers, teetotalers and each other this year like they do almost every legislative session.

Some will argue that liquor laws need to be loosened to make Utah more welcoming for tourists and to attract new businesses. Others will say the policies need to be tightened to further reduce drunken driving and underage drinking. And there will always be those satisfied with status quo.

Though many Utahns don't drink - including most legislators - alcohol is a perennial hot topic in the Utah Legislature, and the 2015 edition is no different.

One notable absence in the debate this year will be former Republican Sen. John Valentine, the sort-of traffic cop for alcohol legislation going back two decades. Valentine resigned last fall to head the State Tax Commission.

But his goal to balance hospitality and public safety, with an eye toward preventing overconsumption, drunken driving, underage drinking and exposing children to alcohol, appears intact.

Sen. Jerry Stevenson, R-Layton, said this might be a year to "stand down" on liquor law changes to see how things are working. Stevenson has a bill that would give the attorney general's office more money for prosecuting alcohol violations.

The Church of Jesus Christ of Latter-day Saints issued a statement before last year's legislative session saying Utah has struck a good balance between the reasonable availability of alcohol and limiting negative consequences and social costs. That position hasn't changed.

"Overall, Utah alcohol laws are pretty good, and that's borne out in the social outcomes," said Derek Monson, public policy director at the Sutherland Institute, a conservative think tank that opposes softening liquor policies.

Utah teenagers drink at much lower rates than the national average. The state also has the lowest number of alcohol-related traffic deaths per capita in the country and the lowest prevalence of binge drinking among those 18 and older.

Those statistics make a case for keeping alcohol policies the way they are, but lawmakers could entertain at least one major change - again.

In addition, they will deal with wine sampling rules, beer distribution, licensing and a new issue: powdered alcohol, an emerging product that can be mixed with water or soft drinks.

"I can't say Utah is the worst when it comes to alcohol laws. A lot of states have some weird stuff," said Rep. Curt Oda, R- Clearfield.

One thing Oda said he finds "goofy" in Utah is the so-called "Zion Curtain," a 7-foot-high partition that separates alcohol pouring and mixing from dining areas in restaurants.

"I'd like to see it go away. Disneyland doesn't even do that," Oda said.

The Utah Restaurant Association's top priority this year is to make it go away. Efforts to repeal the law the past few years have failed. Opponents of the barrier argue the law is unfair because restaurants that existed before 2009 aren't required to have it.

But Rep. Kraig Powell, R-Heber City, has what he believes is a compromise. His bill would give restaurants the option to keep the partition or post a sign that reads: "This establishment dispenses and serves alcoholic products in public view."

Powell's proposal also would let restaurants remove the partition if they build a separate bar area off limits to minors.

"I think that would be somewhat of a compromise with some of the competing voices that we have on this issue to protect youth and yet provide those who are drinkers a more hospitable experience in restaurants," he said.

Proponents say the barrier curbs underage drinking by shielding children from exposure to alcohol. Critics say the law is unfair because many restaurants fall under a grandfather clause that exempts them from having to erect the partition.

Utahns don't believe the barrier reduces drinking or helps parents teach their children about alcohol use, according to a recent BYU poll.

The Center for the Study of Elections and Democracy at BYU also found that residents - regardless of political persuasion or religious affiliation - don't care much for the "Zion Curtain."

"I have no problem with it," Rep. Steve Eliason said of the barrier.

The Sandy Republican, though, has a big problem with powdered alcohol, a new product that is mixed with water or soft drinks.

Eliason's bill would make it illegal in Utah.

"One doctor said it's a public health nightmare waiting to happen," he said. "Part of my reasoning behind running this is to avert a public health nightmare."

Eliason said powdered alcohol could be very appealing to minors, and he wants to keep it out of their hands. He also said people could take it into sporting events or other venues undetected.

Furthermore, Eliason said it could be consumed in public in a water bottle or soda can, which would make the state's open container law ineffective.

Several states have already prohibited powdered alcohol.

Email: romboy@deseretnews.com

Twitter: dennisromboy