MINUTES OF THE SPECIAL MEETING OF THE UTAH
ALCOHOLIC BEVERAGE CONTROL COMMISSION
HELDWEDNESDAY, NOVEMBER 22, 2017, AT 1625
SOUTH900 WEST, SALT LAKE CITY.
[A copy of the agenda for this meeting was posted on the bulletin board at the DABC administrative office, posted on the Utah Public Notice Website, and emailed to the Salt Lake Tribune and Deseret News by 3:00 p.m. on Tuesday, November 21, 2017.]
Chairman John T. Nielsen called the meeting to order at 3:00 p.m.
Commissioners Present: Tom Jacobson and Sophia DiCaro.
Commissioners Participating Telephonically: John T. Nielsen, Neal Berube, and Steven Bateman.
Staff Present: Nina McDermott, Compliance Licensing and Enforcement Director.
LICENSE APPLICATIONS:
Ms. McDermott explained that Deer Valley Resort went through a change of ownership on October 10, 2017. The business entity that was sold held 11 licenses to sell and serve alcohol on resort property. Utah law requires that when there is a transfer of 51% or more of the business entity, a transfer of license application must be filed within 30 days of the close of the sale. Despite their best efforts, the paperwork from Park City granting local consent could not be obtained by the end of the 30 days so the licenses were automatically forfeited. Due to timing issues as outlined in administrative rule, they also didn’t meet the deadline to be on the November commission meeting agenda so a special commission meeting was called to consider the new applications.
Ms. McDermott gave an overview of the full service restaurant, banquet catering, beer recreational and package agency applications noting they are all complete and staff recommends approval.
The bar establishment application was moved to the end of the agenda. Mr. Jacobson disclosed that he has a season pass at Deer Valley but doesn’t think it will influence how he votes.
a.Full Service Restaurant Applications:
New Applications:
(1)The Mariposa, Park City.
(2)The Brass Tag, Park City.
(3)Deer Valley Grocery-Café, Park City.
(4)Fireside Dining at Empire Canyon Lodge, Park City.
(5)Royal Street Café, Park City.
(6)Snow Park Restaurant/Edgar’s Beer and Spirit Lounge, Park City.
Mr. Jacobson moved to approve full service restaurant licenses for #1 The Mariposa, #2 The Brass Tag, #3 Deer Valley Grocery-Café, #4 Fireside Dining at Empire Canyon Lodge, #5 Royal Street Café, and #6 Snow Park Restaurant/Edgar’s Beer and Spirit Lounge in Park City. Ms. DiCaro seconded the motion which passed unanimously.
b.Bar Establishment Application: (MOVED TO END OF THE AGENDA)
c.Banquet Catering Application:
New Application:
(1)Deer Valley Resort, Park City.
Mr. Jacobson moved to approve a banquet catering license for #1 Deer Valley Resort in Park City. Ms. DiCaro seconded the motion which passed unanimously.
d.On Premises Beer Recreational Application:
New Application:
(1)Deer Valley Resort @ Silver Lake Restaurant, Snow Park Lodge, Cushing’s Cabin, Snow Shoe Tommy’s, Empire Canyon Lodge, Park City.
Mr. Bateman moved to approve an on premises beer recreational license for #1 Deer Valley Resort @ Silver Lake Restaurant, Snow Park Lodge, Cushing’s Cabin, Snow Shoe Tommy’s, and Empire Canyon Lodge in Park City. Mr. Berube seconded the motion which passed unanimously.
e.Package Agency Applications:
New Applications:
(1)The General Store @ Deer Valley Resort, Park City. (Type 1)
(2)Plaza Package Store, Park City. (Type 1)
Mr. Berube moved to approve Type 1 package agency licenses for #1 The General Store @ Deer Valley Resort and #2 Plaza Package Store in Park City. Ms. DiCaro seconded the motion which passed unanimously.
b.Bar Establishment Application:
New Application:
(1)Café Fifty-Two, Park City.
Ms. McDermott explained that the premise was originally licensed as a dining club. Dining club licenses are being phased out perHB442 and the commission may not grant new dining club licenses.
Ms. McDermott began working with counsel for Deer Valley yesterday on the possibility of applying for an equity club license. There are concerns the HOAis private and may not qualify for a restaurant license. They may also not fit the equity club license requirements. The concerns extend beyond the application today and may set policy for future applications.
Ms. McDermott gave an overview of the statute and requirements for equity club licenses noting they are usually for country clubs with equity membership in the club.
Michael Petrogeorge from Parsons, Behle and Latimer came forward to address the commission on behalf of Deer Valley Resort. He outlined the reasons the HOA qualifies for the equity license. He also stated that if they can get through the initial period of time with an equity license, they will work with staff to change to a restaurant down the road if that is what the commission prefers.
Mr. Nielsen clarified that they would not be opposed to applying for a restaurant license in the future. Ms. McDermott added that the idea to apply for a restaurant license was not discussed until after the special commission meeting had been noticed. It is also too late to add to the November commission meeting. Mr. Petrogeorge noted they are in crisis mode due to the upcoming holiday season.
The commissioners, Ms. McDermott and Mr. Petrogeorge discussed the qualifications of the HOA for the equity club license as well as other possible licensing options. Timing of the application submissions for the December and January meetings and possible stop gap options to get the premise licensed temporarily were also discussed.
Mr. Jacobson made a motion to approve the equity club license application from Café Fifty-Two in Park City for no longer than the January 30, 2018 commission meeting to allow staff enough time to review the application. Mr. Bateman seconded the motion which passed unanimously.
There being no further business, upon motion of Mr. Berube, seconded by Ms. DiCaro, it was unanimously voted to adjourn the special commission meeting at3:40 p.m.
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Chairman