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Changes to Zion Curtain won’t affect most restaurants

By Karissa Neely And Katie England daily Herald - | Mar 26, 2017

Utah House Bill 442 has yet to signed by Gov. Gary Herbert, but many restaurants are not too concerned if it does.

The bill, sponsored by Rep. Brad Wilson, R-Layton, passed by solid majorities in both the Utah House of Representatives and Senate. The bill addresses certain requirements for those establishments that serve or sell alcohol.

The bill alters Utah’s infamous “Zion Curtain,” which was enacted by the Utah Legislature in 2009. This required that an alcoholic drink dispensing area had to be physically separated from the dining area and any waiting area by a structure or other barrier, to prevent someone sitting in the dining area from viewing the dispensing of an alcoholic product.

Under the new law, restaurants can opt to keep the Zion Curtain, or adopt one of two other options. The first option requires that a 10-foot area be maintained between the outer edge of where the alcohol is dispensed to any dining areas. The second option requires a 42-inch-high wall be built separating the dining area from the dispensing area. The structure must be permanent, and at least 60 inches from the inside edge of the barrier to the nearest edge of the “dispensing structure.”

Blake Allred, general manager of Romano’s Macaroni Grill in Provo said his restaurant already dispenses alcohol in a closed-off area tucked away in the restaurant, about the size of a closet. He does not see any changes to that process with the new requirements.

David Castellanos, the general manager of Applebee’s in Orem, said the new requirements won’t affect his restaurant because employees always make all drinks in the kitchen area away from diners.

On the other hand, Scott Weaver, the general manager of the Applebee’s in American Fork, said his location was grandfathered in, and employees dispense alcohol in view of customers. He is unsure of how his location will proceed, and will be reaching out to compliance officers for guidance if House Bill 442 is passed.

“It’s still up in the air, but we have time to react,” he said, referring to the clause that allows grandfathered restaurants about four years to transition to full compliance.

John Patton, food and beverage manager at the Slate Lounge in the Provo Marriott Hotel and Conference Center, said they too, are not concerned.

“It won’t alter our operations at all,” he said, explaining that the lounge is surrounded by a large great room that exceeds the new requirements.

If the bill becomes law, full-service restaurants established since 2009 can implement changes this year if they choose to and can submit applications to the Department of Alcoholic Beverage Control as soon as May 9. Or, they can also do nothing, and still fulfill the new requirements. Grandfathered full-service restaurants have until July 2022 to come into compliance — earlier if they have an ownership change or do any remodeling.

Those establishments, like Strap Tank Brewing Co. in Springville, which currently functions under a social club license, will change to a bar designation, which does not require any dispensing structures or setbacks.

The bill slightly extends the hours that alcohol may be sold by full-service restaurants. Before, liquor could only be sold from 11:30 a.m. to midnight, but under the new law, on weekends, state or federal legal holidays, or for private events, these establishments may sell it from 10:30 a.m. to midnight. Beer may be sold from 11:30 a.m. to 1 a.m. on weekdays, or on weekends and holidays, from 10:30 a.m. to 1 a.m.

The bill also reduces the distance from 600 feet to 300 feet that a restaurant licensee can be to a community location, such as a public or private school, church, public library, public playground or public park.

Gov. Herbert has until March 29 to sign this bill into law.

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