MINUTES OF THE MEETING OF THE UTAH
ALCOHOLIC BEVERAGE CONTROL COMMISSION,
COMPLIANCE, LICENSING AND ENFORCEMENT
SUBCOMMITTEE HELD TUESDAY, APRIL 30, 2013,
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 (a copy of which is located in the front of the minute book) and to all of the individuals and groups on the agenda (applicants, those with violations, etc.) on Wednesday, April 24, 2013. 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 by 9:00 a.m. on Monday, April 29, 2013.]
Kathleen McConkie Collinwood called the meeting to order at 9:00 a.m.
Commissioners Present: Kathleen McConkie Collinwood, David Gladwell, Olivia Agraz, and John T. Nielsen.
Staff Present: Nina McDermott, Compliance, Licensing and Enforcement Director.
Also Present: Sheila Page, Asst. Attorney General.
APPROVAL OF MINUTES:
Upon motion of Mr. Nielsen, seconded by Mr. Gladwell, it was unanimously voted to approve the minutes of the Compliance, Licensing and Enforcement Subcommittee meeting held March 26, 2013.
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) Callie’s Café, Orem; and *SBI (RB)
Cindy Evans (employee).
(2) Taste of India 2, West Jordan; and *SBI (RE)
Kanav Mayawala (employee).
(3) Winger’s, Tooele; and Maryann *SBI (RB)
Butters (employee).
(4) Josh Futs (employee of *SBI (RE)
Wing Nutz, Taylorsville).
(5) Demae Japanese Restaurant, Provo. *SBI (RL)
(6) Red Corner China Diner, Midvale; *SBI (RB)
and Yitong Liu (employee).
(7) African Restaurant, Salt Lake; and *SBI (RL)
Belaynnesh Hunde (employee).
(8) Applebee’s, West Valley; and *SBI (RE)
Ashlee Gordon (employee).
(9) Asian Star, Midvale; and *SBI (RE)
Maricor Strong (employee).
(10) Canyons Resort, Park City; and *SBI (BC)
William Sherill (employee).
(11) Charlie Chow’s Dragon Grill, Salt Lake; *SBI (RL)
and Bihong Chen (employee).
(12) Club 366, Ogden *SBI (CL)
(13) East-West Connection, Salt Lake; and *SBI (RL)
Lu Xuong (employee).
(14) Este Pizzeria, Salt Lake; and Samantha *SBI (RL)
Samathanam (employee).
(15) Jesse Wood (employee) of Faustina *SBI (RE)
Restaurant, Salt Lake.
(16) George’s Corner Restaurant, St. George; *SBI (RE)
and Catherine Cassidy (employee).
(17) Iggy’s Sports Grill, Midvale; and *SBI (RE)
Jeffery Hendrickson and Shanee
Webb (employees).
(18) Lefty’s Hideout, Cedar City; and *SBI (RE)
Sandra Walker (employee).
(19) Los Cucos Mexican Café, Sandy; *SBI (RE)
and David E. Miranda (employee).
(20) Los Montes Restaurant, Kamas; and *SBI (RB)
Cayenta Montes (employee).
(21) Oliver’s 5 Monkeys, Murray; and *SBI (CL)
Craig Oliver and Chris Strub
(employees).
(22) Outback Steakhouse, St. George; *SBI (RE)
and Jaclynn R. Larsen (employee).
(23) Paper Moon, S. Salt Lake; and *SBI (CL)
Nicole Abueg (employee).
(24) Patio Grill, St. George; and *SBI (RB)
Chantel Bunch (employee).
(25) Pei Wei Asian Diner, Midvale; *SBI (RL)
and Amanda Blakemore & James
Barlow (employees).
(26) Red Ginger Bistro, So. Salt Lake; *SBI (RL)
and Su Lin “Fan” (employee).
(27) Red Lobster, Murray; and *SBI (RE)
Christopher Watson (employee).
(28) Rusty’s Ranch House, Cedar City; *SBI (RE)
and Holly Pedersen (employee).
(29) Shabu Shabu House, Park City; and *SBI (RL)
Nicky Le & TJ Van (employees).
(30) Shallow Shaft, Alta; and Jason Horn *SBI (RE)
(employee).
(31) Sitzmark Club, Alta; and Daniel *SBI (CL)
Withey (employee).
(32) Texas Roadhouse, Logan; and *SBI (RE)
“Madeline” (employee).
(33) West Valley Billiards, West Valley; *SBI (TV)
and Amy Spates (employee).
(34) Wing Nutz, Salt Lake; and *SBI (RL)
Tiffany Blair (employee)
(35) Yum Yum Kitchen, Salt Lake; and *SBI (RL)
Jiteng Cui (employee).
(36) Café Sabor, Logan; and Gabriel *SBI (RE)
Gonzalez (employee).
(37) Red Rock Junction, Park City; and *SBI (RE)
Serena Flocco (employee).
(38) White Owl, Logan; and David *SBI (TV)
Peterson and Jordan Taylor
(employees).
(39) Couscous, Murray; and Nick Shams *SBI (RL)
and Alexander Shams (employees).
(40) Full House Asian Bistro, Park City; *SBI (RE)
and Huishu Lin (employee)
(41) Mimi’s Café, Sandy; and Lori *SBI (RL)
May and Shawna Throndsen
(employees).
(42) Red Banjo Pizza Parlor, Park City; *SBI (RL)
and Tyler Toly (employee).
(43) Tsunami Restaurant, Salt Lake; and *SBI (RE)
Jamie Hashimoto (employee).
(44) Las Palmeras, St. George; and *SBI (RL)
Pahoram Puga (employee).
(45) Fairway Pub & Grill, Taylorsville; *SBI (RE)
and “Dawn” (employee).
(46) Café Terigo, Park City; and *SBI (RE)
Jessica Sharp (employee).
(47) Olympus Hills Lanes, Salt Lake; *SBI (BE)
and Claresa Porter (employee).
(48) Red Sea Ethiopian & Eritrean Café, *SBI (RL)
Salt Lake; and William Schute
(employee).
(49) Winger’s, Salt Lake; and Liya Hu *SBI (RE)
and Deborah Sorensen (employees).
(50) Puck a Bar, West Valley; and *SBI (RE)
“Rowdy” (employee).
(51) Cheers to You, Salt Lake; and *SBI (CL)
Logan Francom (employee).
(52) Mahider Ethiopian Restaurant; *SBI (RL)
and Sleshi Tadesse (employee).
Sheila Page asked the commissioners to strike #1 Callie’s Café, #6 Red Corner China Diner, #36 Café Sabor, #48 Red Sea Ethiopian & Eritrean Cafe, and #52 Mahider Ethiopian Restaurant. Ms. Page answered the commissioner’s questions regarding the violations consent calendar.
Mr. Nielsen made a motion to carry #1 Callie’s Café, #6 Red Corner China Diner, #36 Café Sabor, #48 Red Sea Ethiopian & Eritrean Cafe, and #52 Mahider Ethiopian Restaurant over to next month. Ms. Agraz seconded the motion. The motion was discussed but not voted on.
Mr. Gladwell moved to approve the items on the violations consent calendar striking #1 Callie’s Café, #6 Red Corner China Diner, #36 Café Sabor, #48 Red Sea Ethiopian & Eritrean Cafe, and #52 Mahider Ethiopian Restaurant. Mr. Nielsen seconded the motion which passed unanimously.
Ms. Page asked for input from the commissioners on the possibility of imposing harsher sanctions for licensees with a third violation for a sale to minor. Ms. McDermott added that staff has seen individual employees receive repeated violations for serving a minor which may be a factor when considering harsher penalties. Ms. Page noted that aggravating and mitigating factors are taken into account when considering fines and sanctions.
Mr. Nielsen and Ms. McConkie asked that staff prepare a matrix of factors to be considered and possible harsher fines for more serious violations.
b. Order to Show Cause:
(1) Mt. Ogden Grill (RE), Ogden.
Dave Weloth gave an overview of the actions staff has taken after being notified that the general and liquor liability insurance for Mt. Ogden Grill was cancelled. Ms. McDermott added that insurance is one of the basic qualifications of licensing and that the commission may vote to give the licensee additional time to obtain insurance, revoke, or suspend the license.
Mr. Gladwell moved to suspend the full-restaurant license for Mt. Ogden Grill effective Friday, May 3, at 5:00 p.m. if they have not complied with the insurance requirement at that time; and to place the matter on the May 28, 2013 subcommittee agenda to show cause as to why the license should not be revoked. If Mt. Ogden Grill complies with the insurance requirement, the suspension will be lifted. Ms. Agraz seconded the motion which passed unanimously.
(2) Wild Grape (RE), Salt Lake. STRIKE
SINGLE EVENT PERMIT:
Keith Zuspan gave an overview of the request from the Salt Lake Arts Council for a single event permit for the Living Traditions Festival. He explained that the Salt Lake Arts Council received three violations over three Twilight concerts in September 2012 for brown bagging and selling to minors. It is due to the repeated violations that the Director asked that the commission review the application.
Karen Krieger and Casey Jarman came forward to address the commission on behalf of the Salt lake Arts Council. Mr. Jarman gave an overview of the measures that have been added to avoid additional violations. When asked why they are requesting to waive the beer garden requirement, Mr. Jarman responded that they have problems with passing drinks from the beer garden and feels a perimeter fence is more effective.
Mr. Zuspan stated that there appears to be a significant number of security officers and staff but the alcohol service plan would have to be implemented correctly to be a success. He suggested the commission may want to grant this permit and waive the beer garden requirement to find out if the plan presented will work.
Mr. Nielsen moved to grant a single event permit along with a waiver of the beer garden to the Salt Lake Arts Council for the Living Traditions Festival. Ms. Agraz seconded the motion which passed unanimously.
CHANGE OF LOCATION REQUEST:
a. Jazzy’s Rock and Roll (RL): STRIKE
EXTENDED CLOSURE REQUEST:
a. Layton Lokal’s (RE), Layton.
Stephne Hanson gave an overview of the request. The licensee is requesting a 30-day extended closure in order to prepare for a change of location to Lake Powell.
Mr. Gladwell moved to grant a 30-day extended closure to Layton Lokal’s. Ms. Agraz seconded the motion which passed unanimously.
LICENSE APPLICATIONS:
[For brevity, the street address, name of the representative in attendance, classification (clubs only) seating capacity of the establishment and opening date will be referenced. Proximity and special issues will be noted. A video tape recording of the statements made is on file at the DABC administrative office.]
Club Applicants:
Ms. McConkie stated that the club applications will be addressed during the Full Commission meeting.
Full-Service Restaurant Applicants:
(1) Carino’s Italian, 7191 S. Plaza Center Drive, West Jordan: Brad Nelson; 230 seats; open. (change of ownership)
(2) Mimi’s Café, 874 W. Antelope Drive, Layton: Jon Butler; 241 seats; open. (change of ownership)
(3) Mimi’s Café, 5223 S. State Street, Murray: Jon Butler; 203 seats; open. (change of ownership)
(4) Mimi’s Café, 10470 S. State Street, Sandy: Jon Butler; 203 seats; open. (change of ownership)
[Applicant has a violation history – sale to minors.]
(5) Mimi’s Café, 304 E. University Parkway, Orem: Jon Butler; 203 seats; open. (change of ownership)
(6) Fish Rock Grill, 1585 W. Ledges Parkway, St. George: Frank Padan; 300 seats; open. (change of ownership)
(7) C.J. Steakhouse, 1110 South Bluff Street, St. George: Christie Krompel; 218 seats; open.
(8) Lokal’s, 980 N. Main St., Tooele: Tauna Ellis; 91 seats, open. (conditional)
(9) Kerasma Restaurant, Garden City: STRIKE
(10) Green River Grill, 1050 S. Blvd., Dutch John: Thompson Davis; 40 seats; open.
Abe Kader gave an overview of the applications for full-service restaurant licenses asking the commissioners to strike #9 Kerasma Restaurant.
Mr. Gladwell made a motion to grant full-service restaurant licenses resulting from ownership changes to #1 Carino’s Italian in West Jordan, #2 Mimi’s Café in Layton, #3 Mimi’s Café in Murray, #4 Mimi’s Café in Sandy, #5 Mimi’s Café in Orem, and #6 Fish Rock Grill in St. George. Ms. Agraz seconded the motion which passed unanimously.
Mr. Gladwell made a motion to grant a conditional full-service restaurant license to #8 Lokal’s in Tooele; and full-service restaurant licenses to #7 C.J. Steakhouse in St. George and #10 Green River Grill in Dutch John. Ms. Agraz seconded the motion which passed unanimously.
Limited-Service Restaurant Applicants:
(1) Thai Café on 2nd, Salt Lake City: STRIKE
(2) Rosas Latin American, St. George: STRIKE
(3) Broken Spurr Inn, 955 E. SR UT 24, Torrey: Travis Van Orden; 70 seats; open.
(4) Bluff City Grill, 281 E. Main, Bluff: Yock Sampson; 55 seats; open.
(5) Café Galleria, Murray: STRIKE
(6) Red Maple Chinese Cuisine, 2882 W. 4700 S., West Valley City: Macy Chen; 307 seats; open.
(7) Café Thao Mi, 1773 W. Carriage Square, Taylorsville: Su Van Tran; 75 seats; open.
(8) Big Rock Café, 8141 N. Highway 89, Marysvale: Rene Peppelaar; 75 seats; open. (summer seasonal)
Steve Wallenda gave an overview of the applications asking the commissioners to strike #1 Thai Café on 2nd, #2 Rosas Latin American, and #5 Café Galleria. He stated that #8 Big Rock is requesting a summer seasonal and is no longer a conditional license. In order to grant a summer seasonal license, a full license would have to be split.
Mr. Gladwell made a motion to grant limited-service restaurant licenses to #3 Broken Spurr Inn in Torrey, #4 Bluff City Grill in Bluff, #6 Red Maple Chinese Cuisine in West Valley and #7 Café Thao Mi in Taylorsville; and to split a full limited-service restaurant license and grant #8 Big Rock Café in Marysvale a summer seasonal license. Ms. Agraz seconded the motion which passed unanimously.
On-Premise (Non-Tavern) Beer Applicants:
(1) R & R BBQ, 307 West 600 South, Salt Lake City: Tony Casella; 55 seats; will open when granted a license. (Beer Only Restaurant)
(2) Leslie’s Family Tree, 77 West Main, Santaquin: Leslie Broadhead; 170 seats; open. (Beer Only Restaurant)
(3) Fairway Café on the Parkway, 6345 S. Murray Parkway, Murray: 28 seats; open. (Beer Recreational)
(4) Ledges Golf Club, 1585 W. Ledges Parkway, St. George: David Ord; 300 seats; open. (Change of Ownership/Beer Recreational)
Margaret Hardie gave an overview of the applications.
Mr. Nielsen moved to grant a beer recreational license resulting from an ownership change to #4 Ledges Golf Club in St. George; beer only restaurant licenses to #1 R & R BBQ in Salt Lake City and #2 Leslie’s Family Tree in Santaquin; and a beer recreational license to #3 Fairway Café on the Parkway in Murray. Ms. Agraz seconded the motion which passed unanimously.
Tavern Applicants:
(1) Caribbean Club, 7074 S. Redwood Road, West Jordan: Richard Passman; 250 seats; will open when granted a license.
Margaret Hardie gave an overview of the application.
Mr. Gladwell moved to grant a tavern licenses to #1 Caribbean Club in West Jordan. Ms. Agraz seconded the motion which passed unanimously.
QUESTIONS/COMMENTS FROM COMMISSIONERS AND PUBLIC:
None.
There being no further business, the meeting adjourned at 9:52 a.m.
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