Utah Alcohol Laws

Why does Utah have so many restrictions on alcohol?

Probably because it reflects the culture of the large Latter-day Saint population in Utah.[1] Strict alcohol legislation didn't begin in Utah until after Prohibition.[2] Before Prohibition, Utah was criticized for being a "saloon state."[3]

Utah ratified the Eighteenth Amendment (Prohibition),[4] then helped repeal it in 1933.[5] Two years later, Utah State Legislature created the Utah Department of Alcoholic Beverage Control, which oversees the licensing and regulation of alcohol within Utah.[6]

Do any other states have restrictive laws like Utah?

Yes. Seventeen states are "liquor control states"[7] including Wyoming,[8] Delaware,[9] Pennsylvania,[10] and Rhode Island.[11]

Does the Church influence these laws?

Yes, most likely. The Church has taken official positions on Utah liquor laws,[12] which may influence Latter-day Saint legislators.[13] However, while the Church sometimes engages in lobbying, research indicates that its influence in Utah politics is mostly indirect.[14]

Read more in Joseph Smith and Alcohol

Doesn't this seem like a violation of church and state?

Possibly. In 2011, the Utah Hospitality Association filed a lawsuit alleging that the Church pressures lawmakers to pass restrictive alcohol laws.[15] State attorneys, on the other hand, argued that this was Church leaders exercising their First Amendment right.[16] A federal judge in the U.S. District Court ended up throwing out the lawsuit due to lack of evidence that the Church violated any laws.[17]

So can people order a "normal" beer in Utah?

Yes, as of 2019, beer sold in restaurants and grocery stores in Utah can be up to 4% alcohol by weight (5% ABV)—stronger beer is sold at state-operated liquor stores.[18] Previously, this beer could only be 3.2% by weight.[19]

How is Utah different from other states for alcohol-drinkers?

Like other "liquor control states," Utah has more specific laws related to alcohol. For example, Utah prohibits bringing one's own alcohol into bars, restaurants, or over the state line. And in restaurants, customers must purchase alcohol with a food order.[20]

Won't these restrictive laws keep some people from moving to Utah?

Possibly.

It's difficult to say how Utah's population has been affected by alcohol regulations. It doesn't seem like it was enough to halt new people coming in—Utah's net in-migration has continued to grow faster than natural population growth over the past 10 years.[21]

However, there is a negative perception of alcohol laws within Utah. A 2014 poll of Utahns found that 69% believe that alcohol laws hurt economic development and tourism in Utah.[22]

What's a "Zion curtain"?

This was when restaurants had to separate the preparation of alcoholic beverages with a barrier that blocked the view of customers.[23] This barrier was given the nickname "Zion Curtain" and was reformed in 2017.[24]

A photograph of a bar with a Zion Curtain, a large translucent glass barrier to prevent customers from seeing drinks being mixed. — An example of a "Zion Curtain," taken in 2017 before the law was reformed.

Do these laws have any positive effect?

Possibly.[25] Utah had the lowest percentage of alcohol-impaired traffic fatalities in the U.S. in 2019,[26] and in a 2014 report, Utah had the lowest alcohol-attributed deaths in an 11 state analysis.[27] It is also below the national average of reported binge drinking,[28] reported drinking before driving,[29] and DUI arrests.[30] However, these positive statistics may stem from a combination of both the culture and the laws.

The Facts

Utah ratified, then repealed Prohibition.
Utah is one of 17 liquor control states in the U.S.
The Church has taken official positions on Utah liquor laws.
In 2011, a U.S. federal judge threw out a lawsuit claiming the Church pressures lawmakers to pass restrictive alcohol legislation.
Beer (5% ABV) can be bought at retail stores in Utah.
Utah's "Zion Curtain" law was reformed in 2017.
Utah is below the national average in alcohol-impaired traffic fatalities, binge drinking, drinking before driving, and DUI arrests.

Our Take

The separation between religion and government or legislature is a tricky—and sometimes uncomfortable—subject. Church leadership and culture probably have some influence on Utah alcohol laws. So is the Church overstepping? Is the Church forcing its religious practices on others? Do these laws actually have a positive benefit? These answers may not always be clear.

Although Utah's strict alcohol laws don't appear to be because of direct intervention from the Church, the elected officials that legislate these laws operate according to their values and those of their constituents—which are primarily Latter-day Saint. But these laws aren't found only in Latter-day Saint-heavy states; Utah is one of 17 states with stricter alcohol laws.

Politics can be messy and seemingly removed from the Church's spiritual purposes. But legislation that impacts both the Church and its members can make it something of interest to Church leadership. Faithful members can disagree on the line of religion and legislation. It's important to respect and love those on every side of political discussions.

What's Your Take?

B.
“It's interesting how few people realize that Utah's laws aren't totally unique and aren't even the strictest.”

Read More Difficult Questions

67 Primary Sources

Footnotes

[1]↩︎
As of January 2020, Utah's population is 60.68% Latter-day Saint.
The Latter-day Saint alcohol culture in the nineteenth century was significantly different than in the modern era.
For example, in the nineteenth century, Brigham Young owned whiskey distilleries, and Mark Twain referred to "exclusively Mormon" whiskey. But by the early part of the twentieth century, the Latter-day Saints culture began to recognize the value of temperance legislation.
In 2014, Elder Christofferson stated, "It is very important that we avoid an alcohol culture [in Utah]."
[2]↩︎
The Utah History Encyclopedia notes:
Concerned about charges of church interference in politics, Mormon Church President Joseph F. Smith did not pressure Utah lawmakers to enact prohibition laws in Utah. Nevertheless, other prominent Mormons, including three who later became church presidents—Heber J. Grant, George Albert Smith, and David O. McKay—actively participated in the prohibition campaign. They and other prohibitionists were opposed by Mormon apostle Reed Smoot, a United States Senator and leader of the Utah Republican party. Smoot and other Republicans feared that the prohibition issue would erode their political base and revive the bitter clash between Mormons and non-Mormons in the state.
Historian Thomas Alexander also said, "Utahns in general and Mormons in particular were rather late additions to the prohibition movement rather than its early leaders."
[3]↩︎
The Utah History Encyclopedia notes that by 1909, Utah had still not restricted alcohol on state or local levels—one of only a dozen states with no restrictions.
- Allan Kent Powell provides a scholarly overview of prohibition in Utah in Utah History Encyclopedia.
[4]↩︎
On January 16, 1919, Utah ratified the Eighteenth Amendment which prohibited "the manufacture, sale, or transportation of intoxicating liquors" for drinking purposes.
[5]↩︎
Utah ratified the Twenty-first Amendment (which repealed the Eighteenth Amendment) on December 5, 1933, becoming the 36th state to approve it. One headline from 1933 read:
PROHIBITION IS DEAD—
THE MORMONS KILLED IT—
WHOOPEE—
HAPPY DAYS ARE HERE AGAIN
[6]↩︎
According to its website, the Utah Department of Alcoholic Beverage Control oversees the licensing and regulation of alcohol within Utah "in a manner and at prices which reasonably satisfy the public demand and protect the public interest, including the rights of citizens who do not wish to be involved with alcoholic beverages."
- Website for the Utah Department of Alcoholic Beverage Control provides background of DABC.
[7]↩︎
According to the National Alcohol Beverage Control Association, liquor control states are states that "control the sale of distilled spirits and, in some cases, wine and beer through government agencies at the wholesale level. Thirteen of those jurisdictions also exercise control over retail sales for off-premises consumption; either through government-operated package stores or designated agents."
- Utah Department of Alcoholic Beverage Control publishes online article concerning benefits of Liquor Control States.
- National Alcohol Beverage Control Association shows the various control states throughout the U.S. along with their respective organizations.
[8]↩︎
When it comes to the liquor location, regulation, and dispensing (as of 2021), Wyoming law requires the following:
- liquor and malt beverages are only dispensed and prepared in a licensed building in areas approved by local authority
- no consumption of alcohol in the dispensing area is permitted
- no person under 18 is permitted in dispensing areas
- SW law on alcohol.
[9]↩︎
Delaware law includes the prohibition of alcohol sales at certain times. For example, those with a license for "off-premises consumption" cannot sell or deliver alcoholic beverages on holidays like Thanksgiving, Easter, or Christmas (though those with licenses for "on-premises consumption" may be able to).
- Delaware Alcohol Laws.
[10]↩︎
Pennsylvania only allows alcohol to be "purchased from Fine Wine & Good Spirits stores, licensed limited distilleries and licensed distilleries."
- National Alcohol Beverage Control Association provides an overview of Pennsylvania's Alcohol Law.
[11]↩︎
One Rhode Island law states, "The premises shall have opaque walls which shall completely partition and sever the premises from any adjoining market, concession or business."
- Rhode Island's Alcohol Law.
[12]↩︎
The Church has made several official statements related to alcohol legislation over the years.
For example, in 2019, the Church released a statement opposing Senate Bill 132 which represented "a fifty percent increase in alcohol content for beer sold in grocery and convenience stores."
[13]↩︎
The overwhelming majority of Utah lawmakers are Latter-day Saint.
- Lee Davidson in Salt Lake Tribune publishes article on LDS majority in Utah Legislature.
[14]↩︎
Political scientist Adam Brown explains,
Though the Church seldom lobbies for a specific bill or mobilizes its membership to oppose a specific policy, those actions it does pursue are unusually effective. Moreover this LDS dynamic has remained constant for decades; even thirty years ago a study of lobbying in Utah found. . . .the LDS Church influences policy more through its cultural dominance. . . .than through direct appeals.
- Scholarly overview of Church's political influence.
[15]↩︎
News outlets widely covered this lawsuit. Deseret News reported, "A federal judge will hear arguments Monday over a lawsuit challenging changes to Utah liquor laws that the Utah Hospitality Association says were made under pressure from the LDS Church."
[16]↩︎
The Salt Lake Tribune reported:
State attorneys said the LDS Church's "practice of offering its view to legislators on liquor laws" does not violate the Utah and federal constitutions. In addition, both state and federal courts "have made it plain that religious leaders and organizations have a First Amendment right to comment upon proposed legislation."
- Salt Lake Tribune reports on Utah's State attorneys defending LDS Church in alcohol lawsuit.
- Utah Hospitality Association files federal lawsuit to expand alcohol access.
[17]↩︎
Several news outlets reported on the dismissal, including Judge Jenkin's finding that "while an assertion in the lawsuit about undue influence on state lawmakers from lobbyists for The Church of Jesus Christ of Latter-day Saints was 'interesting' more proof was needed to explain how it crossed the line of free speech."
[18]↩︎
The law is known as S.B. 132 Beer Amendments. FOX13 News reported that this was the most noteworthy restriction on alcohol in Utah since prohibition and was a controversial law when it passed.
[19]↩︎
The 2019 S.B. 132 Beer Amendments also upped the permitted alcohol content from 4% to 5% by volume.
- Utah State Legislature defines alcohol limits in Utah law.
[20]↩︎
The Utah Department of Safety keeps a list of FAQs to help travelers navigate Utah alcohol laws and these restrictions.
Other state and travel sites share tips for the ins and outs of purchasing alcohol.
[21]↩︎
The Kem C. Gardner Policy Institute at the University of Utah found:
The Wasatch Front and southwestern Utah continue to expand and bring migrants from other regions. Net migration is contributing the majority of growth in the fastest growing counties in the state, such as Utah, Washington, Tooele, and Iron counties, a notable shift in sources of growth for Utah County in particular.
- Utah population growth driven mostly by net migration.
- University of Utah publishes State and County-Level Estimates for Utah Population Growth on Website.
[22]↩︎
This poll was conducted by "UtahPolicy.com" over a two-day period in November of 2014. They reported the survey was taken from 402 registered voters and had a margin of error of 4.89%.
- Poll on Utahns' views of liquor laws.
[23]↩︎
The Zion Curtain was part of the 2009 modifications of the Utah Alcoholic Beverage Control Act. The law required restaurants to separate the area where alcohol was prepared from the area where the customer ate using "a solid, translucent, permanent structural barrier" so the alcohol is "not readily visible to a patron" and "not accessible by a patron."
- Utah State Legislature discusses laws and regulations concerning sale of alcohol products in a full-service restaurant.
[24]↩︎
Salt Lake Magazine explained the reform:
HB422 did not bring down the Zion Curtain—it added options. Now, a restaurant serving alcohol can choose a Zion Curtain or a 10-foot “Zion Moat” that separates minors from the bar, or a “Zion Fence,” a 42-inch-high railing placed five feet from the bar.
[25]↩︎
Steve Schmidt of the National Alcoholic Beverage Control Association describes Utah as hitting the "sweet spot" with its alcohol laws.
- Church Newsroom makes case for restrictive alcohol laws.
- Dennis Romboy in Deseret News publishes article describing how Utah's liquor laws hit "sweet spot."
[26]↩︎
In 2019, only 16% of Utah fatalities were related to alcohol-impaired driving, the lowest rate in the U.S., according to data from the National Highway Traffic Safety Administration and FBI. Rates ranged from as high as 44% (Rhode Island) to 19% (Vermont). The national average was 28%.
Looking at 2015-2019 data, a 2021 report placed Utah at 21% and the national average at 27%.
[27]↩︎
The CDC included California, Florida, Michigan, Nebraska, New Mexico, North Carolina, North Dakota, South Dakota, Utah, Virginia, and Wisconsin in the study. New Mexico has the highest annual rate of alcohol-attributed deaths, with South Dakota as the next highest.
- Utah's annual rate of alcohol-attributable deaths.
- Utah has lowest per capita rate of alcohol-related deaths.
[28]↩︎
The Utah Department of Health reported that, in 2019, 11.2% of Utah adults binge drank at least once in the last 30 days before their phone survey, whereas the national average was 16.7%.
- Utah Department of Health publishes online article showing that Utah is below national rates of binge drinking.
- University of Wisconsin Population Health Institute reports on Utah's alcohol-impaired driving deaths and excessive drinking compared nationwide (2021).
[29]↩︎
According to the CDC, the national average for adults who reported driving after drinking was 1.7%. Utah's average was 0.7%.
- CDC Fact Sheet on Alcohol-Impaired Driving in Utah.
[30]↩︎
Based on 2017 data, the national average (minus Washington D.C.) for DUI arrests was 290.58 per 100,000 people. Utah's rate is 257.3 per 100,000.
- American Addiction Centres reports on Utah's alcohol-impaired driving fatalities and DUIs compared nationwide (2017).