A massive liquor bill which would, in part, get rid of the “Zion Curtain” in restaurants is getting closer to completion, now that one major obstacle is seemingly out of the way.
The biggest sticking point so far according to sources who spoke with UtahPolicy.com on the condition of anonymity was a provision, favored by the LDS Church, to require the construction of a barrier in restaurants where children would be seated 15 feet or closer to where alcoholic drinks were being prepared. That proviso is very similar to the current Zion Curtain law.
The Salt Lake Area Restaurant Association objected to the provision, claiming it would have the practical effect of increasing the number of Zion Curtains in place, as most eateries that served alcohol would not have that kind of buffer space between bars and diners available. The feeling was it would be better to leave the current regulations in place because there are some loopholes that restaurants are already taking advantage of to get around the curtain requirements.
Sources say legislative leaders and stakeholders think they’ve been able to negotiate that buffer zone size down, possibly as small as 10 feet. That would remove one big hurdle from the bills’ passage.
Getting rid of that obstacle will help, as time is starting to become the enemy of passing any liquor reform before lawmakers adjourn in two weeks time.
“I was naive. I thought we could resolve these issues must faster than has been the case,” said House Majority Leader Brad Wilson, R-Kaysville, on Thursday afternoon. “I’m hoping we can have the bill Friday, but maybe next week. Our attorney is proof-reading it now, as we speak.”
Sources indicate the legislation has ballooned to 140 pages and counting.
Most people are focused on the Zion Curtain provisions in the bill, but Wilson says there are other significant reforms that they want to move forward on with or without removal of the barrier.
“I believe the Zion Curtain (falling) will be part of the bill. But I will have a reform bill with or without that,” he said.
Another rumored provision in the bill, requiring liquor dispensers to have their liability insurance for serving dram shots increased is not in the final legislation as it proved not to be financially viable.
“No (insurance firms) will underwrite if that (liability) goes up,” said Wilson. So that is out (of the bill) no matter what. That won’t work.”
“Yes, I believe we will see the Zion Curtain gone,” said House Speaker Greg Hughes, R-Draper, on Thursday.
Hughes is sensitive to how the liquor reform bill is characterized in the media and public.
“This will be a moderating of current” alcohol law. “It is not tearing anything down; it is not removing anything.”
Public safety is a key part of the Wilson bill. And public safety involving the consumption of alcohol will be enhanced.
“We will be improving alcohol laws, moderating some aspects that we don’t believe are working very well,” i.e., the Zion Curtain, in which there is little or no empirical evidence that the curtain is reducing either adult or minor alcohol consumption.
Yes, when the deal was struck back in 2009, it was hoped that the curtain would, indeed, prove an enhancement to keeping minors visiting restaurants from seeing the glamorization of alcohol consumption.
There have, in the past, noted Hughes, been “many failed attempts” at alcohol reform in the Utah Legislature.
It might be remembered that Hughes, back in 2009, was then-Gov. Jon Huntsman Jr.’s pick to negotiate the massive alcohol reform bill that did away with private club licenses and brought liquor-by-the-drink to Utah properly-licensed bars. At the time, few thought it could be done.
But Hughes did it, along with the help of other leading legislators.
It got done, Hughes said Thursday afternoon in a UtahPolicy interview, “because all of the stakeholders agreed.” And Wilson is talking to the right people to get this alcohol reform done this year, Hughes added.
What Hughes and Wilson don’t say is that the big dog in the room is leaders of the LDS Church and that they have been kept informed of various aspects of the Wilson bill, and so far, at least, have not put down the heavy foot.
After all, the Zion Curtain was part of the 2009 compromise with LDS Church leaders. And 80 percent or more of the Utah House and Senate are faithful members of the Mormon Church.
And on alcohol issues, history shows if the Church doesn’t agree — leaders never endorse successful alcohol bills, just agree not to oppose them — then alcohol reform does not proceed in the Utah Legislature.
There are now less than two weeks left in the 2017 session, and time is running out to get any sort of reform passed. Multiple sources tell UtahPolicy.com they’re not worried about having enough time to pass the bill, and Wilson says he believes they’ll be able to “fast track” the legislation through the legislative process.
In fact, one lobbyist joked with Wilson that they’re trying to do in a matter of weeks what usually takes two or three years.
