Loretta Park

Being notified as soon as possible when an alcohol violation occurs is a matter of public safety, said Allen Whittle, co-owner of Bogey's in Clearfield.

"It's impossible to do a proper investigation right now," Whittle said.

The bill, sponsored by Rep. Curt Oda, R-Clearfield, would require the Department of Alcoholic Beverage Control to send notice to a business within 10 days after it receives a written referral about an alcohol violation.

Whittle, who did not testify at the hearing, said after an investigation was done at his private club, he did not receive notice until 90 days later. The second time it took 45 days.

"They've improved, but not enough," Whittle said after the meeting.

Gordon Strachan, a commissioner with the DABC, said legislation is not needed for the department to make changes. The department can make the changes through rules.

"If there is a problem, we can make the changes suggested by the legislation by a rule," Strachan said.

Whittle said he does not trust the DABC to review the problem and "make a rule to work harder and do a better job."

Oda was asked by the committee if he would be willing to work with the DABC to make some changes.

"A lot of these concerns have been expressed over some time and nothing has happened," Oda said. "It's been pushed to the side and it's disingenuous for them to come out and say they will work with us just because a bill has been filed."

Rep. Kevin Garn, R-Layton, said the violations are misdemeanors, similar to traffic citations.

"If I'm speeding down the road, I get cited," Garn said. "Why is it so difficult to cite a business when it is violating the law? Why can't they cite them when it happens. Yes, I'm edgy. This should not have risen to the level it has. This is simple stuff. This is not rocket science."

Arne Mehr with the Utah Hospitality Association said he has been in the hospitality business for 20 years.

"If I have a waitress serving minors, I want to know as soon as possible, so I can get rid of her," Mehr said. "Eight days is more than fair."

Mehr said it takes just one vindictive employee to run a club owner out of business by violating Utah's alcohol laws.

Ken Wynn, formerly with the DABC, said part of the problem stems from the Department of Public Safety State Bureau of Investigators.

He said he knows of cases where reports "have been buried on someone's desk for three to four months."

Earl Dorius, with the DABC, said most of the cases he receives are referred by the SBI. The average time for a case to get to his desk from SBI after an investigation is 14.5 days. Then the average time before he notifies the business is 10.5 days.

"These are calendar days, not business days. I don't know where we get six months from," Dorius said.