A Brief History of Utah Alcohol Regulation

by DAVID M. JOLLEY, J.D.

The laws regarding selling and drinking alcohol in Utah are arguably some of the strictest in the nation. The Utah Department of Alcoholic Beverage Control (DABC) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition. This article gives a brief history of Utah’s laws regulating the consumption and sale of alcohol.

Pre-Prohibition

Prior to enactment of the 18th Amendment to the U.S. Constitution (which essentially made alcohol illegal) Utah was among about a dozen other states that hadn’t restricted the sale of alcohol statewide or through local government. These were referred to as “saloon” states.  However, during this time groups such as the National Prohibition party, the Women's Christian Temperance Union, and the Anti-Saloon League of America, were advocating for enactment of prohibition laws in all the states, including Utah.

In 1909, the Utah state legislature considered two bills that would make Utah a “dry” state, but neither became law. However, in 1911 legislators provided for a local option, in which most rural towns passed “dry” laws, but larger urban centers like Salt Lake City and Ogden did not. The prohibition movement still persisted afterwards though and in 1914 the Utah Federation of Prohibitions and Betterment League was formed and pushed for a statewide prohibition law. At first, this legislation was vetoed by Governor Spry, but was later signed into law under Governor Bamberger in 1917. Shortly thereafter, Utah ratified the 18th Amendment in 1919 prohibiting "the manufacture, sale, or transportation of intoxicating liquors."

LDS Church Influence

Being a predominately Mormon state, the influence of the LDS Church on Utah’s liquor laws is undeniable. Under the “Word of Wisdom,” members of the Church are advised against the consumption of alcohol. This revelation of Joseph Smith dates back to 1833. Ironically, this “revelation” came the same year that the United States Temperance Union was established to campaign for total abstinence from liquor because of the alleged social and economic ills created by alcohol use.

The LDS Church became involved in the prohibition movement in 1908 when it began siding with the Anti-Saloon League. However, Church President Joseph F. Smith at the time (nephew of founder Joseph Smith) was concerned about mixing church and politics, so he chose not to pressure Utah lawmakers to enact prohibition laws. Nonetheless, other prominent members of the Church, including three who later became church presidents (Heber J. Grant, George Albert Smith, and David O. McKay) all actively participated in the prohibition campaign.

Interesting to note, former LDS apostle and U.S. Senator Reed Smoot, among other Republicans at the time, feared that the prohibition issue would erode their political base and revive the social division between Mormons and non-Mormons in the state—something that proved to be true to this day.

Post-Prohibition

The prohibition period was short-lived however, marked with a rise in violent gang warfare in large cities like Chicago. Even though Utah was not witness to this gang violence at the time, there were still numerous instances of bootleggers and undercover agents being shot and killed. It was problems such as these that lead to enactment of the 21st Amendment, which repealed the 18th Amendment and prohibition. Despite opposition from the Church, Utahns voted on November 7, 1933 to officially repeal prohibition in addition to the state’s liquor laws.

The first state liquor stores in Salt Lake City and Ogden then reopened in 1935, under the supervision of the Utah DABC. The DABC has regulated the sale of alcoholic beverages in the state ever since. Just last week on June 1st, the DABC held a press conference announcing their new name as the Department of Alcohol Beverage Services (or DABS).


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