MINUTES OF THE MEETING OF THE UTAH
ALCOHOLIC BEVERAGE CONTROL COMMISSION
HELD TUESDAY, AUGUST 29, 2017, 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 and to all of the individuals and groups on the agenda (applicants, those with violations, etc.) on Wednesday, August 23, 2017. 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 by10:00 a.m. on Monday, August 28, 2017.]
Chairman John T. Nielsen called the meeting to order at 10:00 a.m.
Commissioners Present: John T. Nielsen, Kathleen McConkie Collinwood, Amanda Smith, Steven Bateman, and Neal Berube.
Staff Present: Salvador Petilos, Director; Cade Meier, Deputy Director; Nina McDermott, Compliance, Licensing and Enforcement Director; Man Diep, Finance Director; and Tim Beardall, Internal Audit Director.
Also Present: Sheila Page, Asst. Attorney General.
PLEDGE OF ALLEGIANCE:
Pam Shields led the group in the Pledge of Allegiance.
COMMISSION BUSINESS:
a. Commission Reappointment.
Mr. Nielsen announced that Steven B. Bateman was reappointed by the Governor and confirmed by the Senate as a member of the Alcoholic Beverage Control Commission.
Additionally, Jeff Wright completed his second term on the commission on June 30, 2017. Thomas N. Jacobson was appointed by the Governor and confirmed by the Senate to replace Mr. Wright as a member of the Alcoholic Beverage Control Commission. Mr. Jacobson will be attending the September meeting.
b. Election of Vice Chair. STRIKE
ADVISORY BOARD CONFIRMATION:
Nina McDermott explained that one position on the Alcoholic Beverage Control Advisory Board remained vacant. Logan B. Reid was asked and accepted a position on the Advisory Board representing the alcohol or drug related education category.
Mr. Bateman moved to appoint Logan B. Reid to the Alcoholic Beverage Control Advisory Board representing the alcohol or drug related education category. Ms. McConkie seconded the motion which passed unanimously.
APPROVAL OF MINUTES:
Upon motion of Ms. Smith, seconded by Mr. Bateman, it was unanimously voted to approve the minutes of the Commission Meeting held July 25, 2017.
ANNOUNCEMENTS:
Mr. Nielsen made the following announcement:
a. Proposed Future Meeting Schedule: (subject to change)
- Tuesday, September 26, 2017
- Tuesday, October 31, 2017
b. Holiday Closure:
- Monday, September 4, 2017 (Labor Day)
Liquor stores and the DABC administrative office and warehouse
will be closed.
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) Bandanna’s Grill @ Hotel Park City, Park *SBI (RB)
City, and Ryan Hoopes (employee).
(2) Hanabi Sushi, Midvale, and Young Bae *SBI (RL)
(employee).
(3) Michelangelo’s, Salt Lake, and Arnold Hsu *SBI (RE)
(employee).
(4) Sen Sushi/Hot Dynasty, Salt Lake, and *SBI (RL)
Mayra Anguilo Muro (employee).
(5) Itame Grill Ready Pizza, Layton, and *SBI (TV)
Damyian Cook (employee).
(6) Bar Down Sports Bar & Grill, West *SBI (RL)
Jordan, and Mikayla Karren (employee).
(7) El Asadero Mexican Food, Salt Lake, and *SBI (RB)
Elizabeth Paredes (employee).
(8) Church Public House, Park City, and Mike *SBI (RE)
Diamond & “Howie” (employees).
(9) Church Public House, Park City, and *SBI (RE)
Brandon Leader (employee).
(10) Hilton Garden Inn – Downtown, Salt Lake, *SBI (RL)
and Alec Billing (employee).
(11) La-Cai Noodle House, Salt Lake and Bobby *SBI (RL)
Laungaphay and Quoc Nguyen (employees).
(12) Dim Sum House, Salt Lake, and Kin Yeung *SBI (RL)
(employee).
(13) Parkstone Wood Kitchen, Farmington and *SBI (RE)
Julie Riddle & Trevor Wade (employees).
(14) Alleged, Ogden. *SBI (BAR)
(15) Baristas Restaurant, Hurricane, and *SBI (RL)
Stephen Ward (employee).
(16) Bricks Club, Salt Lake. *SBI (BAR)
(17) Eva, Salt Lake, and Elizabeth Mattala *SBI (RE)
(employee).
(18) Golden Phoenix, Salt Lake, and Sai Wan *SBI (RL)
Tsang (employee).
(19) Grand America Hotel Restaurant, Salt *SBI (RE)
Lake, and Jacob Gorringe (employee).
(20) Hub & Spoke Diner, Salt Lake, and *SBI (RE)
Angelica Furman (employee).
(21) La Caille Restaurant, Salt Lake, and Malin *SBI (RE)
Francis (employee).
(22) Los Coyotes, Kearns. *SBI (RB)
(23) Mandarin Szechuan Restaurant, Moab, and *SBI (RE)
Penpuk Raff (employee).
(24) Pago, Salt Lake, and Haylee Frech *SBI (RE)
(employee).
(25) Ruby River Steakhouse, Riverdale, and *SBI (RE)
Alyson Rasmussen and Dominique Charles
(employee).
(26) Sizzler Redwood Rd, West Valley, and *SBI (RL)
Misty Barnett (employee).
(27) Slate @ Provo Marriott, Provo, and *SBI (RE)
Charisma Sua (employee).
(28) Smokey’s BBQ & Grill, Ogden, and *SBI (RL)
Dakota Harris (employee).
(29) The Junction, Midvale, and Willie Danson *SBI (RL)
(employee).
(30) Tradition, Salt Lake, and Alarico Montoya *SBI (RE)
(employee).
(31) Yoko Ramen, Salt Lake, and Damian *SBI (RE)
Garcia (employee).
(32) Zax Woodfired Pizza & Watering Hole, *SBI (RE)
Moab, and Laura Creekmore (employee).
(33) Chick’s Rock N Roost, Castledale, and *SBI (BAR)
Kimberly Conover (employee).
(34) Millsite Golf Course, Ferron, and Kasey *SBI (BE)
Edgehouse (employee).
(35) Gladstan Golf Course, Payson, and Tracy *SBI (BE)
Zobell (employee).
(36) Toad’s Fun Zone & Mulligan’s Creekside *SBI (BE)
Golf Center and Austin Jimenez (employee).
(37) Round Valley Golf Course, Morgan, and *SBI (BE)
Kacey Demond (employee).
(38) Melina’s Mexican Restaurant, Richfield, *SBI (RE)
And Christi Gaffney (employee).
(39) Red Mermaid Bistro, Salt Lake. *SBI (RL)
(40) All Star Lanes, Sandy, and Jennifer Galati *SBI (BE)
(employee).
(41) St John the Baptist Parish, Draper. *SBI (SE)
(42) 98 Center, Moab, and Lilianne Abbotts *SBI (RE)
(employee).
(43) El Paisa Freshmex, West Valley, and *SBI (RE)
Maribel Alcantara (employee).
(44) Fuego Bistro & Pizzeria, Park City, and *SBI (RE)
Samuel Nestor (employee).
(45) Famous Dave’s BBQ, Layton, and Amber *SBI (RE)
Johnson (employee).
(46) Top Golf USA, Midvale, and Taylor Dunn *SBI (RE)
(employee).
Sheila Page asked the commissioners to continue #2 Hanabi Sushi, #3 Michelangelo’s, #4 Sen Sushi/Hot Dynasty, #5 Itame Grill Ready Pizza, #8 Church Public House, #9 Church Public House, #16 Bricks Club, #22 Los Coyotes, and #38 Melina’s Mexican Restaurant to the next meeting.
Ms. Page asked the commissioners to approve the balance noting those that have not paid will have until a week from Friday to pay or the department will execute on the bonds.
Mr. Berube moved to approve the items on the consent calendar with the exception of #2 Hanabi Sushi, #3 Michelangelo’s, #4 Sen Sushi/Hot Dynasty, #5 Itame Grill Ready Pizza, #8 Church Public House, #9 Church Public House, #16 Bricks Club, #22 Los Coyotes, and #38 Melina’s Mexican Restaurant. Mr. Bateman seconded the motion which passed unanimously.
STATUS UPDATE ON ORDER TO SHOW CAUSE.
a. Holiday Inn Burger Theory, St. George. (RE)
Rob Hansen explained that McKenzie Stubbs came before the commission in April and June this year regarding disqualifying offenses and is here today to provide an update.
McKenzie Stubbs and Jim Burgess came forward to address the commission. Mr. Burgess stated that they believe her case will be on the list in the next few days. They asked for a one month extension. They prefer not to shuffle personnel for a couple days but will move personnel if her case remains outstanding next month.
Ms. Page noted that there has been a violation during the expungement request period. Mr. Burgess explained that the violation resulted from an oversight by a couple employees. He stated that Mr. Hansen is working with them on the violation. The commissioners discussed possible options.
Ms. Smith moved to allow one additional extension to the next commission meeting for Ms. Stubbs to obtain a certificate of eligibility. Mr. Berube seconded the motion which passed unanimously.
COMPLIANCE UPDATE.
Ms. McDermott provided an update on compliance staff changes resulting from HB442. Abe Kader and Steve Wallenda were promoted to supervisor positions for licensing and compliance. Additionally Mr. Wallenda is over the manufacturing licenses. Rob Hansen is now the program manager over training including compliance staff and the licensee training program for managers and those with violations. Stephne Hanson will be the program manager for off premise beer retailers. Several new compliance officers will be hired to fill vacancies and new positions.
REQUEST FOR EXTENDED CLOSURE:
a. Vivint Smart Home Arena, Salt Lake City. (BC) (PA) (BAR)
Cori Price gave an overview of their request for an extended closure to complete a significant remodeling project.
Karen Kendrick came forward to address the commission for Vivint Smart Home Arena. Ms. Kendrick explained that staff granted a 90 day closure but remodeling will extend beyond 90 days. They are requesting an extended closure until the October 31, 2017 commission meeting for their banquet catering, package agency and bar licenses. Ms. McDermott added that they also hold an on premise beer recreational license that does not require an extension.
Mr. Berube moved to approve an extended closure for Vivint Smart Home Arena in Salt Lake City until the October 31, 2017 commission meeting for their banquet catering, package agency and bar licenses. Mr. Bateman seconded the motion which passed unanimously.
REQUESTS FOR CHANGE OF LOCATION:
a. Salsa Leedos (RE)
From: 3956 West 13400 South, Riverton.
To: 13298 S. Market Center Drive, Riverton.
Cori Price gave an overview of the change of location request noting it is complete and staff recommends approval.
Mr. Bateman moved to approve a change of location for Salsa Leedos in Riverton. Ms. McConkie seconded the motion which passed unanimously.
b. The Fallout (BAR)
From: 625 South 600 West, Salt Lake City.
To: 195 West 2100 South, Salt Lake City.
Stephne Hanson gave an overview of the change of location request noting it is complete and staff recommends approval.
Ms. McConkie moved to approve a change of location for the Fallout in Salt Lake City. Ms. Smith seconded the motion which passed unanimously.
c. Angelica’s Mexican Restaurant (RB)
From: 490 W. St. George Blvd., #2, St. George.
To: 101 E. St. George Blvd., St. George.
Abe Kader gave an overview of the change of location request noting it is complete and staff recommends approval.
Mr. Bateman moved to approve a change of location for Angelica’s Mexican Restaurant in St. George. Ms. Smith seconded the motion which passed unanimously.
MANUACTURE REPRESENTATIVE APPLICANT:
a. LVM Spirit, LLC, Salt Lake City.
Abe Kader gave an overview of the application noting it is complete and staff recommends approval.
Ms. McConkie moved to approve a manufacture representative license for LVM Spirit, LLC, in Salt Lake City. Mr. Bateman seconded the motion which passed unanimously.
MANUACTURE BREWERY APPLICANT:
a. Kiitos Brewing, Salt Lake City.
Steve Wallenda gave an overview of the application noting it is complete and staff recommends approval.
Andrew Dasenbrock from Kiitos Brewing came forward to address the commission. Mr. Dasenbrock gave an overview of their business. They will be brewing beer above and below the 3.2% threshold.
Mr. Bateman moved to approve a manufacture brewery license for Kiitos Brewing in Salt Lake City. Ms. McConkie seconded the motion which passed unanimously.
LICENSE APPLICATIONS:
a. Full Service Restaurant Applicants:
Previous Applicant:
(1) Brigham City Winger’s, Brigham City. (Conditional) (Violation
history within the last year)
New Applicants:
(1) Hoovers, Marysvale. (Conditional)
(2) Taqueria 27, Murray. (Conditional) (Violation history)
(3) Air Gypsy Eatery, Salt Lake City. (Conditional)
(4) Olive Garden Restaurant, Spanish Fork. (Conditional) (Violation
history within the last year)
(5) Hyatt Place, St. George. (Conditional) (Violation history within the
last year)
Mr. Nielsen asked applicants with previous violations to indicate whether they are an individual operation or a franchise and explain what actions they have taken to avoid future violations.
Rob Hansen gave an overview of previous applicant #1 Brigham City Winger’s noting the most recent violation was in March of this year and was a sale to minor.
Eric Slaymaker and Shawn Bouchet from Winger’s came forward to address the commission. They gave an overview of the extensive package they have implemented from training to systems implementation to avoid future violations. They are a combination of franchise and company owned stores. Mr. Bouchet also explained that they have hired an outside company to do undercover stings.
Mr. Hansen added that they did submit a good responsible alcohol service plan if they follow it.
Mr. Berube moved to grant a conditional full service restaurant license to #1 Brigham City Winger’s in Brigham City with the expectation that they follow the responsible alcohol service plan submitted to the department. Mr. Bateman seconded the motion which passed unanimously.
Rob Hansen gave an overview of the new applications noting all are conditional and #2 Taqueria 27, #4 Olive Garden, and #5 Hyatt Place have violation histories.
Ms. McConkie moved to approve conditional full service restaurant licenses for #1 Hoovers in Marysvale and #3 Air Gypsy Eatery in Salt Lake City. Ms. Smith seconded the motion which passed unanimously.
Mr. Hansen explained that #2 Taqueria 27 has a violation history that is over a year old so they will not have to make a presentation.
Ms. Smith moved to approve a conditional full service restaurant license for #2 Taqueria 27 in Murray. Ms. McConkie seconded the motion which passed unanimously.
Mr. Hansen gave an overview of the violation history for #4 Olive Garden. Jon Butler and Ken Little came forward to address the commission representing Olive Garden. They explained that half of the locations have not had violations but the Layton and So. Jordan stores have had multiple violations. They summarized the actions taken to stop violations from technology to a secret shopper program at the high risk locations. The commissioners, Ms. McDermott, and Ms. Page discussed the effectiveness of the actions taken in order to stop repeated violations. Ms. Smith suggested that due to the number of violations, the systems be tested a couple more months prior to granting the new license. The commission would like to know how the three locations with multiple violations will be addressed as it appears a violation occurred after the additional systems were in place.