Part 1 General Provisions 11-44-101 – 11-44-102
Part 2 Performance Efficiency Programs and Agreements 11-44-201 – 11-44-203
Part 3 Qualified Performance Efficiency Service Providers 11-44-301 – 11-44-302

Terms Used In Utah Code > Title 11 > Chapter 44 - Performance Efficiency Act

  • Alcohol training and education seminar: means a seminar that is:
    (a) required by 7; and
    (b) described in Section 26B-5-205. See Utah Code 32B-1-102
  • Alcoholic beverage: means the following:
    (a) beer; or
    (b) liquor. See Utah Code 32B-1-102
  • Alternative fuel vehicle: means a motor vehicle that is not powered exclusively by a petroleum fuel source. See Utah Code 11-44-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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;
    (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
  • 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
  • Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-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
  • Commissioner: means a member of the commission. See Utah Code 32B-1-102
  • Community location: means :
    (a) a public or private school;
    (b) a church;
    (c) a public library;
    (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:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Cost savings: means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from a performance efficiency measure adopted under this chapter. See Utah Code 11-44-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Department sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling. See Utah Code 32B-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
    (a) 4; and
    (b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
  • Elected officer: means a person:
    (a) elected or appointed to the office of mayor, commissioner, or council member; or
    (b) who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303
  • exclusion: is a s defined in 27 C. See Utah Code 32B-4-702
  • Facility: means a building, structure, or other improvement that is constructed on property owned by a political subdivision. See Utah Code 11-44-102
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. 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
  • Industry member: means :
    (i) an alcoholic product manufacturer;
    (ii) a producer;
    (iii) a supplier;
    (iv) an importer;
    (v) a wholesaler;
    (vi) a bottler;
    (vii) a warehouser and bottler; or
    (viii) for a person described in Subsections (2)(a)(i) through (vii), any of its:
    (A) affiliates;
    (B) subsidiaries;
    (C) officers;
    (D) directors;
    (E) partners;
    (F) agents;
    (G) employees; or
    (H) representatives. See Utah Code 32B-4-702
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (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
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. 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
  • 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
  • Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • 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
  • 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
  • Performance efficiency agreement: means an agreement between a political subdivision and a qualified performance efficiency service provider for evaluation, recommendation, and implementation of one or more performance efficiency measures. See Utah Code 11-44-102
  • Performance efficiency measure: includes :
    (i) insulation installed in a wall, roof, floor, foundation, or heating and cooling distribution system;
    (ii) a storm window or door, multiglazed window or door, heat absorbing or heat reflective glazed and coated window or door system, additional glazing, or reduction in glass area;
    (iii) an automatic energy control system;
    (iv) a heating, ventilating, or air conditioning and distribution system modification or replacement in a facility;
    (v) caulking and weatherstripping;
    (vi) a replacement or modification of a lighting fixture to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;
    (vii) an energy recovery system;
    (viii) a cogeneration system that produces steam or another form of energy for use primarily within a facility;
    (ix) a renewable energy or alternate energy system;
    (x) a change in operation or maintenance practice;
    (xi) a procurement of a low-cost energy supply, including electricity, natural gas, or water;
    (xii) an indoor air quality improvement that conforms to applicable building code requirements;
    (xiii) a daylighting system;
    (xiv) a building operation program that provides cost savings, including computerized energy management and consumption tracking programs or staff and occupant training;
    (xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules; or
    (xvi) the purchase and operation of an alternative fuel vehicle and the infrastructure to support the operation of alternative fuel vehicles. See Utah Code 11-44-102
  • Performance efficiency program: means a program established by a political subdivision under this chapter to adopt a performance efficiency measure. See Utah Code 11-44-102
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • 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
  • Principal license: means :
    (a) a resort license;
    (b) a hotel license; or
    (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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Product: means an alcoholic product or item associated with an alcoholic product. See Utah Code 32B-4-702
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Qualified performance efficiency service provider: means a person who:
    (a) has a record of successful performance efficiency agreements; or
    (b) has:
    (i) experience in the design, implementation, and installation of performance efficiency measures;
    (ii) technical capabilities to ensure that a performance efficiency measure generates cost savings; and
    (iii) the ability to secure the financing necessary to support the proposed performance efficiency measure. See Utah Code 11-44-102
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. 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
  • 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
  • Retail license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a master full-service restaurant license;
    (c) a limited-service restaurant license;
    (d) a master limited-service restaurant license;
    (e) a bar establishment license;
    (f) an airport lounge license;
    (g) an on-premise banquet license;
    (h) an on-premise beer license;
    (i) a reception center license;
    (j) a beer-only restaurant license;
    (k) a hospitality amenity license;
    (l) a resort license;
    (m) a hotel license; or
    (n) an arena license. See Utah Code 32B-1-102
  • Retailer: means :
    (a) the holder of a license or permit issued by the commission or by a local authority to allow the holder to engage in the sale of an alcoholic product to a patron whether for consumption on or off the premises; or
    (b) an agent, officer, director, shareholder, partner, or employee of a holder described in Subsection (4)(a). See Utah Code 32B-4-702
  • School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
    (i) elementary school;
    (ii) secondary school; or
    (iii) kindergarten. See Utah Code 32B-1-102
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • 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
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Sublicense: means :
    (a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
    (i) a full-service restaurant license;
    (ii) a limited-service restaurant license;
    (iii) a bar establishment license;
    (iv) an on-premise banquet license;
    (v) an on-premise beer retailer license;
    (vi) a beer-only restaurant license; or
    (vii) a hospitality amenity license; or
    (b) a spa sublicense. See Utah Code 32B-1-102
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5