Liquor Laws Affecting Enforcement

The Department of Alcoholic Beverage Control is primarily a retailing and licensing agency, not a law enforcement bureau. Enforcement of Utah's alcohol laws is the primary responsibility of local police and sheriff's offices, and the Utah Department of Public Safety, Liquor Enforcement Section (State Bureau of Investigation www.sbi.utah.gov).

These agencies conduct open premise inspections and undercover investigations to determine violations of the liquor laws. If they find violations, they may refer the matter to a local prosecutor for the possible filing of criminal charges and/or they may refer the case to our department and local licensing bureaus for possible action on a license. Once we receive a referral from a law enforcement agency, we are required to determine whether action on a license is warranted.

The Alcoholic Beverage Control Commission has given us guidelines for processing violations to ensure that each violation is handled fairly and consistently. The commission has grouped violations into four categories ranging from minor, moderate, serious, and grave based on their relative degree of severity. Obviously, violations that pose a risk to public safety, health and welfare, or that involve minors, or acts of fraud are considered the most serious and carry the greater penalties.

We screen the police report, determine the severity of the alleged violation, and then commence an administrative proceeding to determine whether a violation in fact occurred. Most cases are settled under guidelines set by the commission.

Those cases that go to a hearing are heard by an independent, outside hearing officer who issues findings and makes recommendations to the commission for final action. The commission may fine the licensee, or suspend or revoke the license and order the forfeiture of the license and compliance bond. The commission may also order that the offending employee be suspended from employment with any department licensee for a period of time.