Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102
Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102
(a)
“Alcohol license” means:
(i)
a retail license;
(ii)
an off-premise beer retailer state license;
(iii)
a brewery manufacturing license;
(iv)
a distillery manufacturing license;
(v)
a winery manufacturing license;
(vi)
a liquor warehousing license; and
(vii)
a special use permit that is an industrial or manufacturing use permit.
(b)
“Alcohol license” does not include a:
(i)
master full-service restaurant license;
(ii)
master limited-service restaurant license; or
(iii)
master off-premise beer retailer state license.
(2)
“Business entity” means a corporation, partnership, limited liability company, sole proprietorship, or similar entity.
(3)
“Interim alcoholic beverage management agreement” means a management agreement:
(a)
in connection with:
(i)
a change of ownership in the entity holding an alcohol license; or
(ii)
a transfer of the management of an alcohol license to another entity; and
(b)
under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that:
(i)
begins when:
(A)
the change of ownership closes; or
(B)
the new management agreement is executed; and
(ii)
ends on the day after the day on which the commission approves the alcohol license for the new owner.
(4)
“Inventory transfer agreement” means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee’s inventory of alcoholic products.
(5)
“Management agreement” means an agreement between two people regarding the operation and management of an alcohol license.
Renumbered and Amended by Chapter 447, 2022 General Session
