32B-8-102.  Definitions.
     As used in this chapter:

(1)  “Boundary of a resort building” means the physical boundary of the land reasonably related to a resort building and any structure or improvement to that land as determined by the commission.

Terms Used In Utah Code 32B-8-102

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Banquet: means an event:
(a) that is held at one or more designated locations approved by the commission in or on the premises of a:
(i) hotel;
(ii) resort facility;
(iii) sports center; or
(iv) convention center;
(b) for which there is a contract:
(i) between a person operating a facility listed in Subsection (6)(a) and another person; and
(ii) under which the person operating a facility listed in Subsection (6)(a) is required to provide an alcoholic product at the event; and
(c) 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;
    (ii) an equity license;
    (iii) a fraternal license; or
    (iv) a bar license. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. 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 Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
  • Invitee: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Land: includes :Utah Code 48-2e-1156
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling 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 Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
  • On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (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:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Person: means :Utah Code 48-2e-1156
  • 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
  • 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
  • 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
  • Sublicense: means the same as that term is defined in Section 32B-8-102 or 32B-8b-102. See Utah Code 32B-1-102
  • (2)  “Dwelling” means a portion of a resort building:

    (a)  owned by one or more individuals;

    (b)  that is used or designated for use as a residence by one or more persons; and

    (c)  that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence.

    (3)  “Engaged in the management of the resort” may be defined by the commission by rule.

    (4)  “Invitee” means an individual who in accordance with Subsection 32B-8-304(11) is authorized to use a resort spa by a host who is:

    (a)  a resident; or

    (b)  a public customer.

    (5)  “Provisions applicable to a sublicense” means:

    (a)  for a full-service restaurant sublicense, Chapter 6, Part 2, Full-Service Restaurant License;

    (b)  for a limited-service restaurant sublicense, Chapter 6, Part 3, Limited-Service Restaurant License;

    (c)  for a bar establishment sublicense, Chapter 6, Part 4, Bar Establishment License;

    (d)  for an on-premise banquet sublicense, Chapter 6, Part 6, On-Premise Banquet License;

    (e)  for an on-premise beer retailer sublicense, Chapter 6, Part 7, On-Premise Beer Retailer License; and

    (f)  for a resort spa sublicense, Part 3, Resort Spa Sublicense.

    (6)  “Public customer” means an individual who holds a customer card in accordance with Subsection 32B-8-304(12).

    (7)  “Resident” means an individual who:

    (a)  owns a dwelling located within a resort building; or

    (b)  rents lodging accommodations for 30 consecutive days or less from:

    (i)  an owner of a dwelling described in Subsection (7)(a); or

    (ii)  the resort licensee.

    (8)  “Resort” means a location:

    (a)  on which is located one resort building; and

    (b)  that is affiliated with a ski area that physically touches the boundary of the resort building.

    (9)  “Resort building” means a building:

    (a)  that is primarily operated to provide dwellings or lodging accommodations;

    (b)  that has at least 150 units that consist of a dwelling or lodging accommodations;

    (c)  that consists of at least 400,000 square feet:

    (i)  including only the building itself; and

    (ii)  not including areas such as above ground surface parking; and

    (d)  of which at least 50% of the units described in Subsection (9)(b) consist of dwellings owned by a person other than the resort licensee.

    (10)  “Resort spa” means a spa, as defined by rule by the commission, that is within the boundary of a resort building.

    (11)  “Sublicense” means:

    (a)  a full-service restaurant sublicense;

    (b)  a limited-service restaurant sublicense;

    (c)  a bar establishment sublicense;

    (d)  an on-premise banquet sublicense;

    (e)  an on-premise beer retailer sublicense; and

    (f)  a resort spa sublicense.

    (12)  “Sublicense premises” means a building, enclosure, or room used pursuant to a sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic product, unless otherwise defined in this title or in the rules made by the commission.

    Amended by Chapter 455, 2017 General Session

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