A local representative wants due process for those businesses that violate Utah's liquor laws.

Oda, the sponsor of HB 344, said he has received a number of calls from businesses that have licenses to serve alcohol, concerned about how the Department of Alcoholic Beverage Control conducts investigations, hearings and disciplinary actions.

His bill would allow the DABC to continue with investigations but have the Attorney General's Office conduct the hearings.

The House Law Enforcement and Criminal Justice Committee approved Oda's bill Monday with a vote of 9-1, with one absent. It now goes to the House floor.

Currently a license holder who is charged for serving alcohol to a minor or to an intoxicated individual cannot go to the Attorney General's Office for help, Oda said. The Attorney General's Office is charged with defending state agencies, but according to the state constitution it is supposed to protect Utah residents.

"I think there is a conflict here and this bill will help all parties involved," Oda said.

"The current system protects the licensees," said Gorton Strachan, a member of the DABC. "We have not received one call from the licensees about how they were treated by the current commission or past."

Strachan and Kathyrn Balmforth, who also serves on the commission, both said they have not met with Oda and they oppose the bill.

"What strikes me about this bill it will not accomplish the purpose [for which] it was intended," Balmforth said.

Allegations that the DABC wants to keep charges going once the investigation reaches the enforcement stage is not correct, Balmforth said.

Strachan also asked that Oda meet with commission members to discuss the bill.

Oda said he met Thursday with John Freeman, deputy director of operations with DABC, and Earl Dorius, deputy director of licensing and compliance. They discussed HB 344 and House Bill 157, which would require the DABC to notify the license holder within 10 days of a violation after an investigation was completed.

"I actually thought we discussed both bills," Oda said. "I think it is disingenuous at this point after we met Thursday and they said they would not oppose this."

Dorius and Freeman work for DABC and did not approach the commission about the bill, Balmforth said.

Dorius said as far as he could remember the meeting on Thursday with Oda did not include HB 344.

House Bill 344 Alcoholic Beverage Enforcement Provisions

Sponsor: Rep. Curt Oda, R-Clearfield

This bill would modify the Alcoholic Beverage Control Act to address enforcement actions.