Lena Savoie
Utah has some of the most restrictive alcohol laws in the United States, with a state monopoly over the wholesaling and retailing of alcoholic beverages. The state's laws are influenced by the Church of Jesus Christ of Latter-day Saints, to which 55% of Utah residents belong, which advises against the consumption of alcohol. While it is legal to consume alcohol in Utah, landlords in the state can include 'no alcohol' clauses in rental agreements, with some threatening immediate eviction for tenants found drinking on the premises. While this may be legal under Utah's landlord-tenant statute, it raises questions of religious discrimination.
| Characteristics | Values |
|---|---|
| Rental agreements prohibiting alcohol in Logan, Utah | Legal |
| Immediate eviction for drinking alcohol on premises | Illegal |
| Minimum notice period for eviction | 3 days |
| Usual notice period for eviction | 15 days |
| Percentage of Utah residents belonging to the Church of Jesus Christ of Latter-day Saints | 55% |
| Age restriction for drinking alcohol in Utah | 21 years |
| DUI limit in Utah | 0.05% |
| Legal alcohol limit in beer sold at grocery and convenience stores | 5% ABV |
| Availability of beer over 5% ABV | State Liquor Stores and Package Agencies, clubs and restaurants licensed to sell liquor |
| Food requirement for ordering alcohol at restaurants | Yes |
| Age restriction for entering taverns | 21 years |
| Age restriction for entering private clubs | None, but club by-laws apply |
| Age restriction for entering restaurants | None |
| Drinking alcohol in liquor stores | Illegal |
| Living inside liquor stores | Illegal |
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What You'll Learn
Utah rental agreements and landlord-tenant statutes
Utah's alcohol laws are some of the most restrictive in the United States, with the state having a monopoly over the wholesaling and retailing of alcoholic beverages. The state's alcohol laws are influenced by the traditional teachings of the Church of Jesus Christ of Latter-day Saints, to which 55% of Utah residents belong.
Security Deposits
Landlords in Utah may require security deposits from renters, but there are restrictions on the maximum amount they can charge. For unfurnished units, the maximum security deposit is one-and-a-half times the monthly rental amount, while for furnished units, it is two times the monthly rental amount. Landlords must keep these deposits in separate accounts and cannot use them as their own funds. They are also legally required to return the security deposit within 30 days after a tenant moves out or provide a written explanation for any deductions.
Tenant Rights
Tenants in Utah have the right to live in a safe, habitable dwelling, free from any health or safety hazards. They are entitled to privacy, quiet enjoyment of their rented space, and protection from discrimination. Tenants are responsible for paying rent on time, keeping their rental unit clean and sanitary, notifying the landlord about any needed repairs, and complying with building codes related to health and safety.
Evictions
Landlords in Utah must follow specific procedures when evicting a tenant. They must provide proper notice to tenants before evicting them and can only use the eviction process if they have followed all the steps outlined in the state laws. Under the Utah Residential Landlord and Tenant Act (URLTA), landlords must give written notice of intent to evict at least seven days before filing an eviction lawsuit in court.
Special Clauses
Utah rental agreements may include special clauses specific to certain types of tenant-landlord relationships. These can include prohibitions on subletting without the landlord's approval, automatic rental renewals if neither party takes action, late fees for unpaid rent, and arbitration requirements for dispute resolution.
While Utah's alcohol laws are strict, it is unclear if including a 'no alcohol' clause in a rental agreement is legal. One source suggests that such a clause may be legal, as there doesn't appear to be anything in the Utah landlord-tenant statute prohibiting it. However, the same source notes that including a threat of immediate eviction for drinking could be overstepping, and landlords would likely need to provide a notice period before evicting a tenant for this reason.
Another source mentions that in some states, alcohol prohibitions in rental agreements are only allowed if the housing is specifically for addict and alcoholic recovery, but it is unclear if this applies to Utah. It is worth noting that some rental properties in Utah, particularly those associated with the Church of Jesus Christ of Latter-day Saints, do include ''no alcohol' clauses in their agreements.
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Religious discrimination in rentals
In the United States, the Fair Housing Act prohibits discrimination in housing based on religion, among other protected categories. This federal law makes it illegal for landlords, housing providers, and real estate agents to refuse to rent or sell housing, set different terms, conditions, or privileges for sale or rental, provide different housing services or facilities, or falsely deny that housing is available for inspection, sale, or rental.
Identifying religious discrimination can be challenging as it is often not overt. Some signs to look out for include being told about different availability or conditions than what is advertised, noticing a pattern of different treatment compared to others in similar situations, and facing comments or questions about your religious practices during the housing process.
For example, in Logan, Utah, a state with strict alcohol laws, some rental agreements include a 'no alcohol' clause, threatening immediate eviction for tenants who are caught drinking on the premises. While there doesn't appear to be anything in the statute prohibiting such a provision, it could be considered religious discrimination as it aligns with the commandments of the predominant religion in the state, The Church of Jesus Christ of Latter-day Saints, which advises against the consumption of alcohol for its members.
To combat religious discrimination in rentals, it is important to document everything, including dates, times, names, and details of conversations. You can also seek legal advice, consult with a fair housing advocate, or file a complaint with the Department of Housing and Urban Development (HUD) or your local fair housing agency.
It is important to note that fair housing practices extend beyond approving a rental application. For instance, landlords should not offer lower rent to tenants who practice a certain religion or reserve units with nicer amenities or preferential locations for people of a certain faith. Additionally, when scheduling maintenance, inspections, or repairs, landlords should accommodate tenants' religious preferences, such as not scheduling work on Saturdays for Orthodox Jewish tenants.
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Alcohol laws in Utah
The alcohol laws of Utah are some of the most restrictive in the United States. A person must be 21 years old or older to buy or consume alcohol. The Utah Department of Alcoholic Beverage Services (UDABS) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition.
Utah is one of seventeen control states, meaning the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages. Current Utah law sets a limit of 4.0 percent alcohol by weight (5% ABV) in beer sold at grocery and convenience stores and at establishments operating under a "beer only" type license, such as taverns, beer bars and some restaurants. Beer over 4.0 percent by weight (5% ABV) is available in State Liquor Stores and Package Agencies and at clubs and restaurants licensed to sell liquor. All customers must show a valid ID to purchase alcohol.
In 2019, the law increased the permitted ABV in beers to 5.0% (or 4.0% alcohol by weight) after passing Utah SB 132 in March 2019. The bill initially proposed a 4.8% ABV, but received pushback from local breweries as the arbitrary limit seemed to favor the major national brands.
Bars, clubs, taverns, and other establishments selling in-house or "on-premise" alcohol (excluding restaurants) are allowed to sell alcohol from 10:00 am to 1:00 am. Restaurants are required to serve alcohol in conjunction with a purchased food item, and can sell alcohol from 11:30 am to 1:00 am.
In 2017, a massive liquor reform law was passed, requiring bars to display conspicuous signs stating "This is a bar" and "No one under 21 is allowed." These signs must be at least 8.5 inches long and 11 inches wide and be posted at the entrance.
In the past, Utah restaurants that sold liquor were required to have a 7-foot barrier, known as a "
In terms of rental agreements, it appears that landlords in Utah can include "no alcohol" clauses in rental agreements, although this may be illegal in other states. Immediate eviction for drinking on the premises is not allowed, and landlords must provide a notice period.
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Drinking age in Utah
Utah has some of the most restrictive alcohol laws in the United States. The drinking age in Utah is 21 years, and various laws and regulations govern the selling and purchasing of alcohol in the state.
Utah's liquor industry (except 4% beer) has been controlled through state-run liquor store outlets since 1935, two years after the end of Prohibition. The Utah Department of Alcoholic Beverage Services (UDABS) has regulated the sale of alcoholic beverages since then. Utah is one of 17 control states, meaning the state has a monopoly over the wholesaling and retailing of alcoholic beverages.
The state's laws restrict the sale and service of alcoholic beverages, aiming to make them available in a manner that reasonably satisfies public demand without promoting or encouraging their use. For example, restaurants with specific licenses must have partitions, or "Zion curtains," separating bartenders from customers when preparing drinks. These partitions aim to combat excessive drinking by keeping alcohol out of sight. However, this has been a contentious issue, with some arguing that it introduces unnecessary hardship for businesses, while others support it as a way to protect children and teens from exposure to alcohol consumption.
To purchase alcohol in Utah, individuals must provide valid identification, such as a passport, U.S. driver's license, or military identification card. The state also has laws regarding drinking in public places, prohibiting intoxication that endangers oneself or others or causes a disturbance. Additionally, consuming or possessing open containers of alcohol in a vehicle's passenger compartment is not allowed.
The state has made reducing underage drinking a priority through education and stricter law enforcement, utilizing proceeds from alcohol sales to fund prevention programs. Utah also has specific regulations for different types of establishments, such as taverns, private clubs, and restaurants, with age restrictions varying depending on the type of license the establishment holds.
While the state has taken steps towards less restrictive alcohol laws, such as during the 2002 Winter Olympic Games and with the introduction of bills like HB 339, the perception of Utah's restrictive liquor laws continues to impact its tourism and convention industries.
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Legal identification for alcohol purchase in Utah
Utah has some of the most restrictive alcohol laws in the United States. The Utah Department of Alcoholic Beverage Services (UDABS) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition.
To purchase alcohol in Utah, a person must be 21 years old or older and provide valid identification. Acceptable forms of ID include a passport, a U.S. driver's license, a military identification card with a date of birth and a photo, or an official U.S. state-issued identification card. International visitors must present a passport to confirm age eligibility to purchase alcohol.
Utah is one of seventeen control states, meaning the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages. Current Utah law sets a limit of 4.0 percent alcohol by weight (5% ABV) in beer sold at grocery and convenience stores and at establishments operating under a "beer-only" type of license, such as taverns, beer bars, and some restaurants. Beer over 4.0 percent by weight (5% ABV) is available in State Liquor Stores and Package Agencies and at clubs and restaurants licensed to sell liquor.
In addition to the above, Utah has unique laws regarding the physical setup of establishments serving alcohol. "Zion curtains" are partitions unique to Utah restaurants that separate restaurant bartenders preparing alcoholic drinks from customers who order them. The partitions are mandated for restaurants with "Limited-Service Restaurant Licenses" and "Full-Service Restaurant Licenses." These partitions are often made of frosted glass since they are required to be "solid, translucent, [and] permanent." They were mandated in hopes of combating excessive drinking by keeping alcohol out of sight of restaurant patrons who choose not to consume alcohol.
Furthermore, Utah law prohibits consuming liquor in public places. A person may not be intoxicated in a public place to the degree that they endanger themselves or others, or unreasonably disturb others. Consuming or having an open container of alcohol in the passenger compartment of a motor vehicle is also prohibited.
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Frequently asked questions
Yes, it is legal to ban alcohol inside a rental in Logan, Utah. While Utah has been making strides to modernize its liquor laws, it is still legal for landlords to include alcohol prohibitions in rental agreements.
In Utah, you must be 21 or older to buy or consume alcohol. All alcoholic drinks must be served with a purchased food item. No one under 21 is allowed in an establishment licensed as a bar. Utah also has the strictest DUI limit in the country at 0.05%.
No, it is illegal to bring alcohol into Utah from another state.
