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

(1)  “Boundary of a hotel” means the physical boundary of one or more contiguous parcels of real estate owned or managed by the same person and on which a hotel is located.

Terms Used In Utah Code 32B-8b-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
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant 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
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hotel: is a s defined by the commission by rule. 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
  • 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
  • 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
  • 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
  • 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
  • Room service: means furnishing an alcoholic product to a person in a guest room of a:
    (a) hotel; or
    (b) resort facility. 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)  “Hotel” means one or more buildings that:

    (a)  comprise a hotel, as defined by the commission;

    (b)  are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;

    (c)  primarily operate to provide lodging accommodations;

    (d)  provide room service within the boundary of the hotel meeting the requirements of this title;

    (e)  have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;

    (f)  have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and

    (g)  have at least 40 guest rooms.

    (3)  “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 beer-only restaurant sublicense, Chapter 6, Part 9, Beer-Only Restaurant License.

    (4)  “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 beer-only restaurant sublicense.

    (5)  “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 249, 2018 General Session

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