SALT LAKE CITY — The attorney for a family who claims excessive drinking at Oktoberfest prompted three men to attack them is calling for the event's liquor license to be suspended or revoked.

Jim McConkie, who represents the South Ogden couple currently suing Snowbird Ski and Summer Resort, told members of the Alcoholic Beverage Control Commission on Tuesday that an investigator working with him on the lawsuit witnessed a host of troubling activity while attending Oktoberfest undercover.

"I'm here because I have public safety concerns about the way liquor and beer is being sold and distributed at Snowbird," McConkie told the commission. He went on to say, "We would ask the commission to consider revoking Snowbird's license, or at least restrict it."

The investigator took photos and video of Oktoberfest patrons passed out at the event, walking around with large steins in each hand, being encouraged to guzzle their beer quickly, giving sips of alcohol to children, stumbling past inattentive security and police officers on the way to their cars, and swerving as they drove back down the canyon, McConkie told the commission.

Commissioner Oliva Vela Agraz noted that McConkie offered little proof to his assertions. Someone carrying two steins of beer may be taking one to a spouse, and someone lying on the ground might be experiencing an unrelated medical event, she said.

Regarding the assault, Agraz added, "I know that what happened on the gondola was inexcusable."

McConkie raised his concerns during a public comment period at the end of the regular DABC meeting and presented the commission with an affidavit detailing the investigator's filings. He called for greater security at the event, DUI roadblocks as patrons head down the canyon and designated drinking areas because, currently, "the entire resort becomes a beer garden."

Commission Chairman John Nielsen said the commission will look into the claims and then determine what involvement, if any, it will have in the matter.

Snowbird: Great effort to ensure safety

Snowbird receives a special event permit to serve alcohol at the event. Tom Jones, Snowbird senior vice president, told the commission that Oktoberfest has had no alcohol violations in the 44 years the popular event has been going on in Utah.

"Mr. McConkie's experience is different than mine at Snowbird," said Jones, who attends the event regularly with his family and drinks "nothing stronger than a Diet Coke."

"We go to great lengths to bring a little bit of Germany to the state of Utah," he said.

Jones said great efforts are taken to ensure the event is safe, including security patrols provided by Snowbird security and Unified police and free rides home for anyone who asks for one.

Gondola incident

McConkie's clients, Brent and Laura Anderson of South Ogden, were visiting the resort with family in September 2014, the same time Oktoberfest was happening, when an argument erupted on the tram with a group of three intoxicated men. The argument soon turned physical, with Brent Anderson and his adult son sustaining head injuries and Laura Anderson's ankle being broken.

The three men involved — Andrew Verburg, 23; Jose Antonio Miguel, 32; and Teroy Anthony-Glen Herring, 24 — were arrested and later charged with three counts of assault, a third-degree felony, as well as intoxication and disorderly conduct after requests to stop, both class C misdemeanors. Miguel was also charged with making threats of violence, a class B misdemeanor.

All three have since accepted plea deals in the case. Verburg pleaded guilty to class A misdemeanor assault, Miguel pleaded guilty to class A misdemeanor attempted riot, and Herring pleaded guilty to class A misdemeanor riot. All other charges were dismissed.

The lawsuit

The lawsuit against Snowbird claims the resort "knew or should have known that alcohol intoxication results in, among other things, poor judgment, failure to appreciate danger and a propensity for violence," arguing that the resort does not provide adequate security and should have known its patrons could be put at risk, but failed to take steps to ensure they remained safe.

Attorneys for Snowbird have filed a motion asking that the Anderson family's lawsuit, which is seeking more than $300,000 in damages and medical expenses, be dismissed. A hearing in the case is scheduled for March 14.

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