MINUTES OF THE MEETING OF THE UTAH
ALCOHOLIC BEVERAGE CONTROL COMMISSION
HELD TUESDAY, OCTOBER 28, 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, October 22, 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 10:00 a.m. on Monday, October 27, 2014.]
Chairman David Gladwell called the meeting to order at 10:00 a.m.
Commissioners Present: David Gladwell, Kathleen McConkie Collinwood, and John T. Nielsen.
Commissioner Participating Telephonically: Jeff Wright.
Staff Present: Sal Petilos, Director; Tom Zdunich, Deputy Director; Nina McDermott, Compliance, Licensing and Enforcement Director; and Man Diep, Internal Audit Director.
Also Present: Sheila Page, Asst. Attorney General.
PLEDGE OF ALLEGIANCE:
Vickie Ashby led the group in the Pledge of Allegiance.
ANNOUNCEMENTS:
Mr. Gladwell made the following announcements:
a. Proposed Future Meeting Schedule: (subject to change)
- Tuesday, November 18, 2014
- Tuesday, December 16, 2014
b. Holiday Closure:
- Tuesday, November 11, 2014 (Veteran’s Day)
Liquor stores and the DABC administrative office and warehouse will be closed.
COMPLIANCE UPDATE:
Nina McDermott reported that the vacant positions in Compliance have been filled and the division is now fully staffed. The Compliance division is having a planning meeting today to set goals for 2015.
OPERATIONS UPDATE:
a. Covert Underage Buyer Operations.
· Tom Zdunich reported that the department conducted three Covert Underage Buyer (CUB) operations in the stores and they all passed.
· The Bountiful store failed a law enforcement operation as the cashier sold to a CUB. The employee was suspended and the store will prepare a responsible alcohol service plan.
· The department conducted five CUB operations on package agencies and they all passed.
b. Package Agency Audits.
· Three package agencies were audited and all passed.
· The department received notice that the Fillmore package agency will close on November 18, 2014. The department has stopped selling to the agency and will start recruiting for a new operator.
c. Store Audits.
· One procedural cash audit was conducted and the store passed.
· Nine full cash counts were conducted with minor discrepancies which were referred to the regional managers for follow up.
d. Monthly Listed Items.
· Purchasing analyzed 59 items for listing and 17 products were listed.
· 17 items were removed for low sales or the manufacturing discontinued the product.
e. Freight Changes.
· On February 1, 2015 in-bound freight charges will increase approximately $0.60 per one-hundred curb weight.
FINANCIAL UPDATE:
a. Financial Statement.
· Chris Kamens gave an overview of the September 2014 financials. She reported that year-to-date case sales are up by 35,411 which is a 4.9% increase. Retail sales are up $4,996,582 a 5.82% increase.
b. Department Dashboard.
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) Copper Bowl, Salt Lake, and Matthew *SBI (RE)
Stuart (employee).
(2) Carmack’s Food Services @ Lakeside *SBI (BE)
G.C., Woods Cross, and Javier Hourquet
(employee).
(3) Wild Grape, Salt Lake, and Eric *SBI (RE)
Sanzenbacher (employee).
(4) Don Pedro’s, Vernal, and Sara Zamorano *SBI (RE)
(employee).
(5) Moon Dog’s Café, Layton, and Tawni *SBI (RL)
Quinn (employee).
(6) Market Street Grill, S. Jordan, and Steve *SBI (RE)
Lambly (employee).
(7) Café Wave, S. Jordan, and John *SBI (RL)
Jeandrevin (employee).
(8) Winger’s, Kaysville, and Tiffany Gates *SBI (RB)
(employee).
Sheila Page asked the commissioners to strike #2 Carmack’s Food Services and #7 Café Wave. She asked the commission to approve the balance of the consent calendar.
Mr. Nielsen moved to approve the consent calendar with the exception of #2 Carmack’s Food Services and #7 Café Wave. Ms. McConkie seconded the motion which passed unanimously.
APPROVAL OF MINUTES OF THE COMMISSION MEETINGS:
- September 30, 2014 Commission Meeting
- September 30, 2014 Compliance, Licensing and Enforcement Subcommittee
- September 30, 2014 Operations and Procurement Subcommittee
Upon motion of Mr. Gladwell, seconded by Ms. McConkie, it was unanimously voted to approve the minutes of the Commission Meeting held September 30, 2014.
Upon motion of Mr. Gladwell, seconded by Ms. McConkie, it was unanimously voted to approve the minutes of the Operations and Procurement Subcommittee held September 30, 2014.
Upon motion of Ms. McConkie, seconded by Mr. Nielsen, it was unanimously voted to approve the minutes of the Compliance, Licensing and Enforcement Subcommittee held September 30, 2014.
HEARING ON SUSPENSION OF LICENSE FOR RETURNED CHECK(S):
a. Bleu Bistro, Salt Lake. STRIKE
MANUFACTURE REPRESENTATIVE APPLICATION:
a. Black Kiwi, Sandy.
Abe Kader gave an overview of the application stating that the application is complete and staff recommends approval.
Ms. McConkie moved to approve a manufacture representative license for Black Kiwi in Sandy. Mr. Nielsen seconded the motion which passed unanimously.
TRANSFER OF LOCATION REQUESTS:
a. East Sea/Pipa (RL)
From: 120 N. 900 W., Salt Lake City.
To: 264 S. Main Street, Salt Lake City.
Stephne Hanson gave an overview of the transfer of location request stating that the application is complete and staff recommends approval.
Mr. Nielsen moved to approve a transfer of location for East Sea/Pipa in Salt Lake City. Ms. McConkie seconded the motion which passed unanimously.
b. Citris Grill STRIKE
LICENSE RENEWALS:
a. Licenses Renewed On Time and Complete:
(1) Full Service Restaurants.
(2) Limited Service Restaurants.
(3) Banquet Catering.
(4) Reception Centers.
(5) Airport Lounges.
(6) Resort licenses.
b. Late Renewals:
(1) Full Service Restaurants.
(2) Limited Service Restaurants.
(3) Banquet Catering.
c. Non-Renewals:
(1) Full Service Restaurants.
(2) Limited Service Restaurants.
(3) Banquet Catering.
Stephne Hanson gave an overview of the three lists noting the commissioners need to approve the following lists: a. Licenses Renewed On Time and Complete; and b. Late Renewals. The non-renewal list is informational only. Staff recommends approval of the renewals.
Mr. Nielsen moved to approve the renewal of the licenses on lists: a. Licenses Renewed On Time and Complete; and b. Late Renewals. Ms. McConkie seconded the motion which passed unanimously.
LICENSE APPLICATIONS:
a. Club Applicants:
License Transfers:
(1) Burt’s Tiki Lounge, Salt Lake City.
(2) Club X, Salt Lake City.
Previous Applicants:
(3) ‘Bout Time Pub & Grub, Park City. (Summer Seasonal)
(4) Fletcher’s, Park City. (Conditional)
(5) Bistro 222, Salt Lake City.
(6) Salt Flats Grill, Salt Lake City. (Summer Seasonal)
(7) Our Bar Tavern, Orem.
(8) Pelican’s Pub, Vernal.
(9) Lucky H Bar & Grill @ Little America Hotel, Salt Lake City.
(10) The Big Z, Ogden. (Summer Seasonal)
(11) The Bistro @ Courtyard Ogden, Ogden.
(12) Proper Bar, Salt Lake City.
Rob Hansen noted there are no new club licenses available. He gave an overview of the license transfer application for #1 Burt’s Tiki Lounge stating it is complete and staff recommends approval.
Mr. Nielsen moved to approve a club license transfer for #1 Burt’s Tiki Lounge in Salt Lake City. Ms. McConkie seconded the motion which passed unanimously.
Mr. Hansen gave an overview of the license transfer application for #2 Club X stating the application is complete and staff recommends approval.
Ms. McConkie moved to approve a club license transfer for #2 Club X in Salt lake City. Mr. Nielsen seconded the motion which passed unanimously.
b. Full Service Restaurant Applicants:
License Transfers:
(1) Faustina Restaurant, Salt Lake City.
(2) Red Lobster, Layton. STRIKE
(3) Red Lobster, Murray.
(4) Red Lobster, Orem. (Conditional)
(5) Red Lobster, St George.
(6) Red Lobster, Sugarhouse.
New Applicants:
(7) Hell’s Backbone, Boulder.
(8) Carbon Country Club, Helper.
(9) DS Food, Murray.
(10) Fletcher’s, Park City.
(11) 50 West, Salt Lake City (Conditional)
(12) Game Works, Salt Lake City. (Conditional)
(13) Finca, Salt Lake City. (Conditional)
(14) Tony Per Noi, Salt Lake City. (Conditional)
(15) Korea House, Salt Lake City.
(16) Basilico Restaurant, Salt Lake City.
(17) New Jasmine Sushi & China Bistro, Salt Lake City.
(18) All Star Lanes, Tooele.
Margaret Hardie explained that the full-service restaurant licenses approved today will not be active until November 1, 2014. Ms. Hardie gave an overview of the license transfer applications asking the commissioners to strike #2 Red Lobster, Layton and noting #3 Red Lobster, Murray and #6 Red Lobster, Sugarhouse are no longer conditional applications.
Mr. Nielsen moved to approve full-service restaurant license transfers for #1 Faustina Restaurant in Salt Lake City, #3 Red Lobster in Murray, #5 Red Lobster in St. George, and #6 Red Lobster in Sugarhouse; and a conditional full-service restaurant license transfer for #4 Red Lobster in Orem. Ms. McConkie seconded the motion which passed unanimously.
Ms. Hardie gave an overview of the full-service license applications noting the conditional applications and that #14 Tony Per Noi needs approval to continue the grandfathered proximity variance.
Mr. Wright moved to approve full-service restaurant licenses for #7 Hell’s Backbone in Boulder, #8 Carbon Country Club in Helper, #9 DS Food in Murray, #10 Fletcher’s in Park City, #15 Korea House in Salt Lake City, #16 Basilico Restaurant in Salt Lake City, #17 New Jasmine Sushi & China Bistro in Salt Lake City, and #18 All Star Lanes in Tooele; conditional full-service restaurant licenses for #11 50 West in Salt Lake City, #12 Game Works in Salt Lake City, #13 Finca in Salt Lake City, and #14 Tony Per Noi in Salt Lake City; and the continuation of the grandfathered proximity variance for #14 Tony Per Noi. Mr. Nielsen seconded the motion which passed unanimously.
c. Limited-Service Restaurant Applicants:
New Applicants:
(1) Taste of India, Bountiful.
(2) The Lucky Slice, Clearfield.
(3) Silver Reef Café, Leeds.
(4) Gaucho Grill of Logan, Logan.
(5) Suehiro, Midvale.
(6) Hoof & Vine, Midvale. (Conditional)
(7) Braza Grill, Murray.
(8) Lisa’s Country Kitchen, Nephi.
(9) Smokey’s BBQ & Grill, Ogden.
Dan Oberg noted that the limited-service restaurant licenses approved today will not be active until November 1, 2014. Mr. Oberg gave an overview of the applications noting they are complete and staff recommends approval.
Mr. Nielsen moved to approve a conditional limited-service restaurant license for #6 Hoof & Vine in Midvale; and limited-service restaurant licenses for #1 Taste of India in Bountiful, #2 The Lucky Slice in Clearfield, #3 Silver Reef Café in Leeds, #4 Gaucho Grill in Logan, #5 Suehiro in Midvale, #7 Braza Grill in Murray, #8 Lisa’s Country Kitchen in Nephi, and #9 Smokey’s BBQ & Grill in Ogden. Ms. McConkie seconded the motion which passed unanimously.
d. On-Premise Beer Recreational Applicants:
New Applicants:
(1) Delton Bowling Center, Riverton. (Conditional)
(2) Golf Anytime, Salt Lake City. STRIKE
Dan Oberg gave an overview of #1 Delton Bowling Center in Riverton stating staff recommends approval.
Mr. Nielsen moved to approve a conditional on-premise beer recreational license for #1 Delton Bowling Center in Riverton. Mr. Wright seconded the motion which passed unanimously.
Nina McDermott asked the commissioners to strike #2 Golf Anytime as staff is still investigating the application.
e. On-Premise Beer Only Restaurant Applicant:
New Applicant:
(1) NY Pizza Patrol, Draper. STRIKE
[Mr. Wright left the meeting at 10:34 a.m.]
PARENTS EMPOWERED UPDATE:
Doug Murakami played the new ParentsEmpowered television and radio spots and explained the connection to the Student Health and Risk Prevention (SHARP) survey results.
QUESTIONS/COMMENTS FROM COMMISSIONERS AND PUBLIC: None.
There being no further business, Mr. Nielsen moved to adjourn the meeting at 10:45 a.m. Ms. McConkie seconded the motion which passed unanimously.
______
Chairman
1