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Mini-bottles are blocked in Utah after legislature reasserts control

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Posted at 2:35 PM, Dec 20, 2022
and last updated 2022-12-20 20:10:53-05

TAYLORSVILLE, Utah — Utah's alcohol control authority has halted a vote on whether to allow the sale of mini bottles in the state after the legislature reasserted its control over the issue.

At its monthly meeting on Tuesday, the Utah Department of Alcoholic Beverage Services Commission opted not to vote. Commission Chair Juliette Tennert said that legislative leaders believe mini-bottle sales are now an alcohol policy issue.

"We've heard from legislative leadership, the Speaker and the [Senate] President, that they really see this as a policy issue," Chair Tennert told FOX 13 News after the meeting.

Earlier this year, the legislature signaled it would stay out of it and let the DABS decide. Sen. Jerry Stevenson, R-Layton, who is tasked by the Republican supermajority with running liquor legislation, told FOX 13 News that the DABS had the legal authority to implement them under administrative rule. An administrative rule, which is imposed by an agency, has the same effect of law.

The DABS followed that policy and public comment figures provided to FOX 13 News showed significant support for allowing mini-bottle sales. However, social conservatives and alcohol prevention advocates vehemently opposed them and have rallied to exert political pressure to block them.

Vice-Chair Tara Thue took issue with some of the representations made by opponents who cited research on alcohol harms that didn't correlate with the issue of mini-bottles.

"There was representations made in some of the public comments citing sources that did not support evidence provided in the comments," she said. "And it was really disappointing to see that play out in a public forum where people were making statements that they said were backed up by studies and when you read the studies — which I did — they had nothing to do with the comments being made."

In a statement to FOX 13 News, Sen. Stevenson said the legislature will review the issue.

"We appreciate the commission reviewing this issue closely. The magnitude of this potential policy change is best left with the Legislature to thoroughly vet the impacts and get public input from Utahns during committee hearings," he said.

Mini-bottles are not expressly illegal in Utah, but efforts to allow their sale have failed in the past. They gained new life earlier this year after the DABS heard from tourists in rural areas who have complained about having to purchase an entire bottle when all they want is one drink.

"It's not solely the tourism industry that’s pushing for this but it’s also Utah residents and Utahns," said DABS Commissioner Natalie Randall. "We have a changing demographic."

Under the administrative rule, mini-bottles would only be sold in state-run liquor stores and still be forbidden in bars and restaurants.