'Normalizing' Utah's liquor laws results in more confusion

'Normalizing' Utah's liquor laws results in more confusion


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SALT LAKE CITY (AP) -- If Cinco de Mayo isn't enough reason for some Utah revelers to party, consider this: The amount of liquor allowed in the standard cocktail is increasing by 50 percent to 1.5 ounces.

The first major change to state liquor laws in years will take effect Monday as part of an effort to improve the state's teetotaling image and appeal to more tourists around the world.

Utah has some of the nation's strictest liquor laws and weakest drinks. It is the only state that caps how much alcohol can be served in a shot or a cocktail, according to the National Conference of State Legislatures.

Tourists "complain about the size of the martinis and the cost of everything," said Matthew Kallio, a bartender at a downtown hotel.

By allowing up to 1.5 ounces of liquor, Utah's drinks will be more in line with the industry standard.

But if there ever was a day that could illustrate how convoluted and quirky the state's liquor laws remain, it could be on the holiday that celebrates Mexican troops' defeat of a French army on May 5, 1862.

Traditionally, Mexican beer, margaritas and tequila are the drinks of choice at many bars on Cinco de Mayo.

But if anyone in Utah has an unfinished margarita on the table or bar Monday, ordering an accompanying shot of tequila will be illegal.

The rule will apply to all cocktails -- ordering a shot of the same liquor that's already in your drink is impermissible. All other liquor is fair game. Servers must keep track of the primary liquor in everyone's drink before serving a round of shots.

Bar owners are already pondering the legal gymnastics that customers and servers are about to perform along with windy explanations of Utah's new law.

"There's ways around it, but it makes absolutely no sense whatsoever," said Dave Morris, owner of Piper Down: An Olde World Pub in Salt Lake City.

"That's what's the really, really messed up part of this whole thing. Say you do order a margarita, which we'll make with Jose Cuervo, and then you want a shot of tequila. You can do it, you're just going to have to order a different shot ... say a shot of Patron."

Utah's liquor laws have left tourists scratching their heads in confusion for decades.

However, resident drinkers and frequent visitors have learned to navigate them so well that increasing the amount of booze in the standard cocktail is actually an attempt by lawmakers to reduce consumption.

Currently, the amount of liquor allowed in a shot or cocktail is 1 ounce. An additional 1.75 ounces of liquor considered "flavoring" is also allowed in some drinks.

Customers can order a second shot known locally as a "sidecar" they can take in one gulp our pour into their drinks as long as the total amount of alcohol doesn't exceed 2.75 ounces. Asking for a double and having a bartender pour it is illegal.

"You can get drunk here, you just need to know how to work the system," said Eric Anderson, an engineering consultant from Los Angeles who frequently travels to Utah for business. "Maybe I won't have to order eight drinks now."

But allowing customers to get a buzz by ordering fewer drinks wasn't part of the sales pitch for the new liquor law. The catch, if it can be called one, was proposed by Tom Guinney, an owner of the high-end Gastronomy restaurant chain. It was Guinney who approached Republican Gov. Jon Huntsman about changing Utah's liquor laws.

His proposal: Eliminate the sidecar in favor of a stiffer, standard drink. Huntsman agreed.

Guinney persuaded lawmakers that by eliminating the sidecar, people wouldn't get as drunk as they currently do because they'll be drinking 25 percent less liquor.

Opponents noted that not everyone orders a sidecar with each drink. Morris said at Piper Down on Super Bowl Sunday he sold more than 400 cocktails and only 40 of those included a sidecar, which was usually served in a tall glass with extra mixer.

"They don't want a stronger drink, they just don't want to make a trip back to the bar," he said.

The change in liquor law benefits Guinney because restaurants where liquor is served are not allowed to serve sidecars. Customers frequently complain about weak, overpriced martinis.

"We were literally the biggest rip-off in the United States," Guinney said of the 1 ounce pour. "It was embarrassing."

For Huntsman, it was an opportunity to finally make good on comments made years earlier that he wanted to loosen the state's liquor laws and boost tourism. In his first term, he's struggled with image problems as one of his liquor commission appointees made headlines for suggesting restaurants hide liquor bottles from view so they wouldn't offend people who don't drink.

Some lawmakers were skeptical of Guinney's proposal, but they needed Huntsman's support to banish flavored malt beverages from grocery stores and convenience stores. Huntsman had threatened to veto that measure because he said it would hurt Utah's image.

Instead, Huntsman approved sending the sweet drinks to state liquor stores so he could get the stronger cocktails.

The compromise quickly moved through the Legislature with little public input. Some lawmakers didn't fully grasp the changes they were making, while bar owners were outraged they weren't consulted.

Under the new law, the maximum amount of liquor and flavoring allowed in a drink is cut to 2.5 ounces, making fruity drinks like a Mai Tai and Long Island Ice Tea even more difficult to properly serve.

Huntsman touted the new law as a step toward "normalizing" the state's liquor laws, but even Guinney acknowledges that isn't the top complaint for tourists.

The No. 1 complaint is the state's requirement for a paid membership to enter a bar that serves liquor, Guinney said.

"That's what makes us different. Keep in mind, with a cover charge you get something. You get a DJ, live music, you get a dance floor. Here, you have to pay admission to spend your money," he said.

Tourists and locals alike have complained for years that adults shouldn't need what's often referred to as a permission slip to enter a bar even if it's just to order a hamburger.

"It's kind of absurd," said Anderson, the Los Angeles visitor. "If you want to charge me a cover, charge me a cover. But don't make me fill out a form for every bar we go to. Honestly, it's rude."

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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