| (1) |
“Airport lounge” means a business location:
Terms Used In Utah Code 32B-1-102- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Airport lounge: means a business location:
| (a) | at which an alcoholic product is sold at retail for consumption on the premises; and |
| (b) | that is located at an international airport or domestic airport. See Utah Code 32B-1-102- Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and 5. See Utah Code 32B-1-102
- Alcoholic beverage: means the following:
| (b) | liquor. See Utah Code 32B-1-102- Arena: means an enclosed building:
| (a) | that is managed by:| (i) | the same person who owns the enclosed building; |
| (ii) | a person who has a majority interest in each person who owns or manages a space in the enclosed building; or |
| (iii) | a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building; |
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| (b) | that operates as a venue; and |
| (c) | that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102- Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
- Banquet: means an event:
| (a) | that is a private event or a privately sponsored event; |
| (b) | that is held at one or more designated locations approved by the commission in or on the premises of:| (iv) | a convention center; |
| (v) | a performing arts facility; |
| (vii) | a restaurant venue; |
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| (c) | for which there is a contract:| (i) | between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and |
| (ii) | under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and |
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| (d) | at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102- Bar establishment license: includes :
| (i) | a dining club license; |
| (iii) | a fraternal license; or |
| (iv) | a bar license. See Utah Code 32B-1-102- Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and 4. See Utah Code 32B-1-102
- Beer: means a product that:
| (i) | contains:| (A) | at least . See Utah Code 32B-1-102- Beer retailer: means a business that:
| (a) | is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and |
| (b) | is licensed as:| (i) | an off-premise beer retailer, in accordance with 2; or |
| (ii) | an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102- Beer wholesaling license: means a license:
| (b) | to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102- Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 9. See Utah Code 32B-1-102
- Brewer: means a person engaged in manufacturing:
| (c) | a flavored malt beverage. See Utah Code 32B-1-102- Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
- Church: means a building:
| (a) | set apart for worship; |
| (b) | in which religious services are held; |
| (c) | with which clergy is associated; and |
| (d) | that is tax exempt under the laws of this state. See Utah Code 32B-1-102- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Community location: means :
| (a) | a public or private school; |
| (d) | a public playground; or |
| (e) | a public park. See Utah Code 32B-1-102- Container: means a receptacle that contains an alcoholic product, including:
| (c) | a similar item. See Utah Code 32B-1-102- Contract: A legal written agreement that becomes binding when signed.
- Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
- Convention center: means a facility that is:
| (a) | in total at least 30,000 square feet; and |
| (b) | otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Department compliance officer: means an individual who is:
| (a) | an auditor or inspector; and |
| (b) | employed by the department. See Utah Code 32B-1-102- Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
- Dispensing structure: means a surface or structure on a licensed premises:
| (a) | where an alcoholic product is dispensed; or |
| (b) | from which an alcoholic product is served. See Utah Code 32B-1-102- Domestic airport: means an airport that:
| (a) | has at least 15,000 commercial airline passenger boardings in any five-year period; |
| (b) | receives scheduled commercial passenger aircraft service; and |
| (c) | is not an international airport. See Utah Code 32B-1-102- Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as an equity license. See Utah Code 32B-1-102
- Event permit: means :
| (a) | a single event permit; or |
| (b) | a temporary beer event permit. See Utah Code 32B-1-102- Flavored malt beverage: means a beverage:
| (i) | that contains at least . See Utah Code 32B-1-102- Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
- Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. See Utah Code 32B-1-102
- Furnish: includes to:
| (iii) | otherwise make available. See Utah Code 32B-1-102- Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
- Health care practitioner: means :
| (m) | a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102- Heavy beer: means a product that:
| (i) | | (A) | contains more than 5% alcohol by volume; |
| (B) | contains at least . See Utah Code 32B-1-102- Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. See Utah Code 32B-1-102
- Hotel: includes a commercial lodging establishment that:
| (i) | meets the requirements under Subsection (53)(a); and |
| (ii) | has one or more privately owned dwelling units. See Utah Code 32B-1-102- Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
- Identification card: means an identification card issued under 8. See Utah Code 32B-1-102
- Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
- Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
- Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
| (b) | court order. See Utah Code 32B-1-102- International airport: means an airport:
| (a) | with a United States Customs and Border Protection office on the premises of the airport; and |
| (b) | at which international flights may enter and depart. See Utah Code 32B-1-102- intoxication: means that
an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:| (a) | an alcoholic product; |
| (b) | a controlled substance; |
| (c) | a substance having the property of releasing toxic vapors; or |
| (d) | a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102- Investigator: means an individual who is:
| (a) | a department compliance officer; or |
| (b) | a nondepartment enforcement officer. See Utah Code 32B-1-102- License: means :
| (c) | a license issued in accordance with 4; |
| (g) | a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. See Utah Code 32B-1-102
- Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
| (a) | in which the driver and a passenger are separated by a partition, glass, or other barrier; |
| (b) | that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and |
| (c) | to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. See Utah Code 32B-1-102- Liquor: includes :
| (C) | a flavored malt beverage. See Utah Code 32B-1-102- Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
- Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
- Liquor warehousing license: means a license that is issued:
| (b) | to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102- Local authority: means :
| (a) | for premises that are located in an unincorporated area of a county, the governing body of a county; |
| (b) | for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or |
| (c) | for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102- Malt substitute: means :
| (f) | molasses. See Utah Code 32B-1-102- Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
- Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
- Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
| (i) | | (A) | under the control of the United States Department of Defense; or |
| (B) | of the National Guard; |
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| (ii) | that is located within the state; and |
| (iii) | including a leased facility. See Utah Code 32B-1-102- Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- Nondepartment enforcement agency: means an agency that:
| (a) | | (i) | is a state agency other than the department; or |
| (ii) | is an agency of a county, city, town, or metro township; and |
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| (b) | has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102- Nondepartment enforcement officer: means an individual who is:
| (a) | a peace officer, examiner, or investigator; and |
| (b) | employed by a nondepartment enforcement agency. See Utah Code 32B-1-102- Off-premise beer retailer: means a beer retailer who is:
| (ii) | engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102- Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and 6. See Utah Code 32B-1-102
- On-premise beer retailer: means a beer retailer who is:
| (b) | engaged in the sale of beer to a patron for consumption on the beer retailer's premises:| (i) | regardless of whether the beer retailer sells beer for consumption off the licensed premises; and |
| (ii) | on and after March 1, 2012, operating:| (B) | in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102- Opaque: means impenetrable to sight. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
| (a) | under an agreement with the department; and |
| (b) | by a person:| (i) | other than the state; and |
| (ii) | who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
- Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
| (d) | an attendee of a banquet or event; |
| (e) | an individual who receives room service; |
| (f) | a resident of a resort; or |
| (g) | a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102- Performing arts facility: means a multi-use performance space that:
| (i) | is primarily used to present various types of performing arts, including dance, music, and theater; |
| (ii) | contains over 2,500 seats; |
| (iii) | is owned and operated by a governmental entity; and |
| (iv) | is located in a city of the first class. See Utah Code 32B-1-102- Permittee: means a person issued a permit under:
| (b) | Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102- Person: means :Utah Code 68-3-12.5
- Person subject to administrative action: means :
| (f) | one of the following holding a certificate of approval:| (i) | an out-of-state brewer; |
| (ii) | an out-of-state importer of beer, heavy beer, or flavored malt beverages; or |
| (iii) | an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or |
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| (g) | staff of:| (i) | a person listed in Subsections (90)(a) through (f); or |
| (ii) | a package agent. See Utah Code 32B-1-102- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Prescription: means an order issued by a health care practitioner when:
| (b) | the order is made in the course of that health care practitioner's professional practice; and |
| (c) | the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102- Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
- Principal license: means :
| (c) | an arena license. See Utah Code 32B-1-102- Private event: means a specific social, business, or recreational event:
| (i) | for which an entire room, area, or hall is leased or rented in advance by an identified group; and |
| (ii) | that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102- Privately sponsored event: means a specific social, business, or recreational event:
| (a) | that is held in or on the premises of an on-premise banquet licensee; and |
| (b) | to which entry is restricted by an admission fee. See Utah Code 32B-1-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Proof of age: means :
| (i) | an identification card; |
| (ii) | an identification that:| (A) | is substantially similar to an identification card; |
| (B) | is issued in accordance with the laws of a state other than Utah in which the identification is issued; |
| (C) | includes date of birth; and |
| (D) | has a picture affixed; |
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| (iii) | a valid driver license certificate that:| (A) | includes date of birth; |
| (B) | has a picture affixed; and |
| (C) | is issued:| (II) | in accordance with the laws of the state in which it is issued; or |
| (III) | in accordance with federal law by the United States Department of State; |
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| (iv) | a military identification card that:| (A) | includes date of birth; and |
| (B) | has a picture affixed; or |
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| (v) | a valid passport. See Utah Code 32B-1-102- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Provisions applicable to a sublicense: means :
| (a) | for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under 2; |
| (b) | for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under 3; |
| (c) | for a bar establishment sublicense, the provisions applicable to a bar establishment license under 4; |
| (d) | for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under 6; |
| (e) | for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under 7; |
| (f) | for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under 9; |
| (g) | for a hospitality amenity license, the provisions applicable to a hospitality amenity license under 10; and |
| (h) | for a spa sublicense, the provisions applicable to the sublicense under 2, Spa Sublicense. See Utah Code 32B-1-102- Public building: means a building or permanent structure that is:
| (i) | owned or leased by:| (B) | a local government entity; and |
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| (ii) | used for:| (B) | transacting public business; or |
| (C) | regularly conducting government activities. See Utah Code 32B-1-102- Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
- Reception center: means a business that:
| (a) | operates facilities that are at least 5,000 square feet; and |
| (b) | has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102- Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and 8. See Utah Code 32B-1-102
- Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
- Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
- Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
- Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
- Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
| (a) | over-serving alcoholic beverages to customers; |
| (b) | serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and |
| (c) | serving alcoholic beverages to minors. See Utah Code 32B-1-102- Restaurant: means a business location:
| (a) | at which a variety of foods are prepared; |
| (b) | at which complete meals are served; and |
| (c) | that is engaged primarily in serving meals. See Utah Code 32B-1-102- Restaurant license: means one of the following licenses issued under this title:
| (a) | a full-service restaurant license; |
| (b) | a limited-service restaurant license; or |
| (c) | a beer-only restaurant license. See Utah Code 32B-1-102- Restaurant venue: means a room within a restaurant that:
| (a) | is located on the licensed premises of a restaurant licensee; |
| (b) | is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and |
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