Breaking: Utah's DABC Uninimously Approves Snowbird "licker sales" for the 2014 Oktoberfest - Updated

When the smoke clears, "All's well that ends well," we guess, as the old folk saying goes.

Via the ever-politically savvy Eric Etherington;

Nice job James Dabakis! After Jim took the DABC to task, they've now unanimously approved the Oktoberfest liquor license.

Shoulda been a "no brainer," we believe.

Weird that this had to be spearheaded by a Demcratic State Senator, don'tcha think, rather than the typical GOP legislative nitwit, who feigns promoting "economic growth?"

When the smoke clears, "All's well that ends well," we guess.

A Weber County Forum Tip of the Hat to Utah State Senator Jim Dabakis, for raising a ruckus, and nailing down this "deal."

Update 6/24/12 11:35 p.m.:  Better late than never, the Salt Lake Trib has the story:

• Utah board OKs Snowbird’s Oktoberfest liquor permit

Beer Likely at Oktoberfest After Utah Lawmakers Rip Brouhaha

Sodden question: "Are major legislative changes in store for Utah's state-run liquor monopoly?"

Following up on our discouraging earlier WCF articles on the topic, we're delighted to shine the spotlight on the Salt Lake Tribune and Deseret News stories linked below, reporting that it appears that higher-alcohol beer, wine and spirits likely will flow" at this year's Snowbird Resort Oktoberfest, in the aftermath of yesterday's legislative committee hearing:

• Beer likely at Oktoberfest after Utah lawmakers rip brouhaha
• Utah lawmakers take no action on alcohol permit rule

"If it's not in statute, how did it get there? DABC has been essentially writing law, in conflict or not exactly with what the law says," House Representaive Becky Lockhart asked, referring to the Utah Department of Alcoholic Beverage Control's recent "reinterpretation" of single event liquor permit rules.

And check out this humdinger of a comment from conservative GOP Senator Mark Madsen, R-Saratoga Springs, who said lawmakers should re-examine the state's control of liquor sales:

"We need to look at the issue of having the state as the sole purveyor of spirits in the state," Madsen said. "When the government seeks to socially engineer, we run into problems like this and there are all kinds of unintended consequences."

Sodden question: "Are major legislative changes in store for Utah's state-run liquor monopoly?"

We won't hold our breath; but will however remark however that it's encouraging to observe some of Utah's most conservative legislators actively reining in Utah's renegade DABC bureaucrats.

Interesting New Developments in the Snowbird Oktoberfest Matter

Sodden question: Will our state legislature act to rein in this latest DABC exhibition of  Utah-style "nanny government?"

As a followup to Wednesday's WCF writeup, wherein we announced that this year's Snowbird Oktoberfest event stands in jeopardy, due to a quirky DABC re-interpretation of Utah "special event" adeministrative liquor license rules, we'll note a few interesting developments, which we've dredged up whilst googling.

First, this strong editorial from the Salt Lake Tribune, laden with some pretty decent legal analysis:

• Editorial: Utah liquor regulators overreach with event rules

That's right, folks, the DABC's new threshhold criterion "for the common good" is found nowhere within the State's enabling statutes, but is instead a concept which an overzealous regulatory agency has pulled straight out of its... hat.  

Next, although tongue-in cheek, X96 Radio presents this intriguing and amusing spoof, which illuminates the slippery slope upon which Utahs find themselves perched, as our renegade State liquor regulatory bureaucracy cavalierly, unilaterally (and mindlessly) "tightens up" its rules:

• Utah Liquor Authority Now Thinking About Requiring Permits To Drink At Home

"Are we going to be required to have a temple recommend before we can purchase alcohol too?" one perplexed reader asks.

And last but not least, and back on Capitol Hill, we learn of this promising "background" remedial legislative activity, via State Senator Jim Dabakis:

Friday night. I am a bit scarily consumed by DABC policy regarding OkertFest at Snowbird "No Beer at...". The event draws 60,000 people and has been creating memories since the mid-1970's. This and many, many other single permit licenses issued to so many non-profits across the state have been thrown into chaos by herky jerky DABC policy changes. 

I formally ask that the Legislature's joint Administrative Rules Review Committee 'request' the presence of the DABC executive director, compliance director and other senior staff to address the following issues about their administrative rulemaking. I believe that Co-Chairs Senator Stephenson and Rep Oda will see the need to address the issues as soon as possible.

The customers of the DABC deserve the respect of a consistent, reasonable rulemaking process open to a full, complete public comment. Without fear of retribution and done with well thought out policies that do not end up regularly on the pages of the worlds newspapers relegating Utah to scorn and ridicule. Hurting both economic development and tourism.
DABC seems prone to an annoying pattern, regularly doing one or both of the following: 

1. Changing a long-standing practice that significantly alters how it implements a rule, but then decides not to amend the rule because it has determined that the new practice more accurately implements the intent of the rule; or,

2. Amended a rule in a way that significantly alters how it implements the rule. In these cases, the agency has sometimes pointed out that the changes made were still within the scope of the statutory authority it was granted to regulate by rule. However, I contend the following points are applicable:

a. changing a long-standing rule in a way that significantly alters its implementation can cause significant disruption within the regulated community that increases in severity the more the amendments depart from the previous rule language; and b. because rules have the effect of law, rule language, particularly long-standing rule language, comes to represent the state’s public policy, and changing it should involve more discussion and review than can usually occur when a rule change proposal is simply made public. 

The current DABC scenario more closely follows #1 above because the agency has not amended its rule but changed its practice. DABC’s changes to its practice more accurately reflect the implicit intent of the rule, but detailing the changes in practice in a rule change, filed with and published by the Division of Administrative Rules, would have provided notice of the changes to the public and the regulated community and created the opportunity for public input.

Will our state legislature act to rein in this latest DABC exhibition of  Utah-style nanny government?"

The ball's in the legislature's court, wethink.

Salt Lake Tribune: No Beer for Oktoberfest? (Crackpot) Utah Board Gets Tough on Liquor Permits - Updated

Utah: The Best Managed State?

Via State Senator James Dabakis:

First, imagine this story without the SL Tribune (SavetheTribune.com)! I spoke to the director of the DABC moments ago. I asked him to withdraw for at least 6 months any significant new interpretation of DABC regulations. Pending public hearings and input. Invariably, the DABC's star chamber antics every few months create hostility with the public and bad press worldwide (few months ago it was the 'Will you be dining with us' fiasco). Serious changes deserve serious people with serious input! A six month freeze, with public input and hearings, please.

• No beer for Oktoberfest? Utah board gets tough on liquor permits

Planning an event like Oktoberfest or dozens of other community events (many of them charitable) takes months (sometimes years) of work, organizers must not be subject to quick, capricious whims of the DABC.

Is this the best managed state? DABC eruption after DABC eruption?

Don't let the cat get your tongues, O Gentle Ones...

Update 5/29/14 10:00 a.m.:  The Salt Lake Trib follows up on yesterday's story, with DABC executive Director Sal Petilos' lame excuse for threatening the end of the Snowbird Oktoberfest's 40-year cross-cultural community tradition:

• Abuse led DABC to clamp down on single-event permits

"Utah: The Best Manage State?" [snicker]

Apparently DABC Director Petilos "didn't get the memo."