Utah Code 32B-3-102. Definitions

32B-3-102. Definitions.
As used in this chapter:

(1)

“Aggravating circumstances” means:

Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Licensee: means a person who holds a license. 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:

(a)	a customer;

(b)

a member;

(c)

a guest;

(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

Permittee: means a person issued a permit under:

(a)	Chapter 9, Event Permit Act; or

(b)	Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
(a)	prior warnings about compliance problems;

(b)	a prior violation history;

(c)	a lack of written policies governing employee conduct;

(d)	multiple violations during the course of an investigation;

(e)	efforts to conceal a violation;

(f)	an intentional violation;

(g)	the violation involved more than one patron or employee; or

(h)	a violation that results in injury or death.

(2)

“Final adjudication” means an adjudication for which a final judgment or order is issued that:

(a)	is not appealed, and the time to appeal the judgment has expired; or

(b)	is appealed, and is affirmed, in whole or in part, on appeal.

(3)

“Mitigating circumstances” means:

(a)	no prior violation history for the licensee or permittee;

(b)	no prior violation history for the individual who committed the violation;

(c)	motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or

(d)	extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.

Amended by Chapter 249, 2018 General Session
Amended by Chapter 281, 2018 General Session