Catherine Parrish Lake

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Catherine Parrish Lake helps businesses and individuals develop, protect and utilize intellectual property rights. Catherine advises clients on acquiring, registering, maintaining, licensing and enforcing trademarks, copyrights and trade secrets. She also counsels clients on branding strategies, e commerce and Internet issues, intellectual property infringement problems and privacy concerns. Her practice includes advising franchise clients with regard to franchise disclosure documents and compliance with state and federal franchise laws and regulations, as well as guiding nutritional supplement companies through regulatory compliance issues.

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Buying and Selling Liquor Licenses in Utah

Utah’s Transfer of Retail License Act (the “Act”), which becomes effective today, permits the transfer and sale of retail liquor licenses by current retail license holders. Although enacted in 2011, the legislature previously delayed implementing the Act in response to concerns that the creation of a private market for retail licenses would drive up prices … Continue Reading

Utah DABC Abandons “Intent to Dine” Rule

The DABC unexpectedly decided to forgo adopting an administrative rule interpreting Utah’s “intent to dine” law.  As we discussed previously, the Commission was considering three draft rules that were intended to clarify the steps a restaurant licensee must take to confirm a patron’s intent to order food before a server can furnish an alcoholic drink.  … Continue Reading

“Intent to Dine” Rules under Consideration (Again) in Utah

The controversy continues over Utah’s so-called “intent to dine” requirement for restaurants licensed to serve alcohol. As we previously discussed, the Utah Legislature amended the law to require restaurants to confirm that a patron has the intent to order food before serving an alcoholic drink. In response to the change, the DABC has proposed three draft rules, … Continue Reading

A Battle is Brewing in Utah over Alcohol Reform

As the Utah Legislature wrapped up its session this week, it appears that a battle is brewing between the House and Senate over alcohol reform. Citing a concern with the “culture of alcohol,” the Senate declined to support many of the measures the House approved this session. The House voted to eliminate the so-called “Zion curtain,” … Continue Reading

Utah Legislative Wrap-Up on Alcohol Amendments

Only two proposed amendments to Utah’s Alcoholic Beverage Control Act passed during the most recent session of the Utah Legislature, which concluded on March 14th.  H.B. 240 passed earlier in the session and addresses the “intent to dine” issue we reported on previously.  Under the change, a restaurant licensee must confirm that a patron has … Continue Reading

Utah Alcohol Legislation Update

S.B. 261 passed out of the Senate Business and Labor Committee this morning.  The amendments address many industry concerns we reported on earlier this week.  Notably, the requirement that a patron must be “seated” to be served or consume alcohol has been removed from the bill.  The amendments also clarify that the new enforcement provisions … Continue Reading

Utah Legislature Considers Amendments to Alcohol Beverage Control Act

Utah State Senator John Valentine (R) (Orem) has introduced a bill (S.B. 261) that may significantly affect alcohol operations if adopted.  S.B. 261 would require that all restaurant patrons must be “seated” to be served or consume a drink. Current law allows a patron to be served and consume a drink while standing at a counter, … Continue Reading

Utah DABC Changes Alcohol Enforcement Policy

Utah’s liquor control agency has started citing restaurants that serve alcoholic drinks to patrons before they order food.  The agency has shifted policy to now strictly interpret a key provision of Utah’s Alcoholic Beverage Control Act, which provides:             A full-service restaurant licensee may not sell, offer for sale, or furnish an alcoholic product except in … Continue Reading

“Master” Liquor Licenses Considered for Utah

The Utah Legislature’s Business and Labor Interim Committee reviewed a proposal to create a new class of “master” licenses for owners of multiple restaurants to operate under a single liquor license for all locations.  The sponsor of the bill, Senator John Valentine (R, District 14), explained that the intent is to entice restaurant chains to … Continue Reading

New Licenses For Utah

The Utah Legislature today in a special session passed a bill (S.B. 4001) to increase the number of restaurant licenses available in the state. The bill will now go to Governor Herbert , who is expected to sign. 50 additional full-service restaurant licenses and 40 limited-service restaurant licenses will be available as of July 1, 2012. Currently, … Continue Reading

Utah to Consider Privatization Models

The recent move by Washington voters to end state control of liquor sales, combined with ongoing corruption scandals within the Utah Department of Alcoholic Beverage Control, is causing Utah lawmakers to renew privatization discussions. Support appears to be growing to limit the state’s involvement in liquor sales at least to some degree.  Utah is among the … Continue Reading

Changes to Utah’s Liquor Laws

The 2011 legislative session wrapped up last night with several changes being made to Utah’s liquor laws, including: Converting 40 tavern only licenses into 15 full restaurant licenses and 25 limited restaurant licenses (beer and wine only) Allowing a hotel guest to order one drink at a time through room service Permitting alcohol to be … Continue Reading

Audit Supports More Liquor Permits for Utah

A recent legislative audit made several strong recommendations for reforming Utah’s liquor  laws, in particular the quota system for granting alcohol permits. The audit echoes reports that the current shortage of alcohol permits is stifling economic development and does not reflect the state’s changing population. Utah is in the small minority of control states that grant liquor … Continue Reading

More Liquor Permits Possible for Utah

Senator John Valentine (R – Orem) has announced that he intends to introduce a bill in the next Utah legislative session that would establish a property right in liquor permits, allowing restaurants with current liquor permits to sell them. Use of any purchased permit would be conditioned upon approval by the state liquor-control board. The … Continue Reading

Update on Utah’s Privatization Process

As we previously reported, Utah is considering privatizing at least some aspects of its liquor control. On Wednesday, August 25, John Freeman, the Deputy Director of Operations for The Utah Department of Alcoholic Beverage Control (“DABC”) appeared before the Privatization Board to answer questions. Mr. Freeman presented four reasons to maintain the status quo. First, … Continue Reading

Possible Privatization of Utah Liquor Stores

The sixteen-member Utah Privatization Policy Board was created by the legislature to determine what services currently provided by the state can be privatized. State liquor stores are one of many state functions that the Board is examining.  Utah is one of 18 states, and two Maryland counties, that currently use a state run retail system, commonly … Continue Reading