Terms Used In Utah Code > Title 11 > Chapter 51 - Local Jurisdiction Related to Federally Managed Land Act

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Alcoholic beverage: means the following:

  (a)

  beer; or

  (b)

  liquor. See Utah Code 32B-1-102 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 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 Chief executive officer: means : (a)  for a municipality: (i)  the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or (ii)  the city manager, if the municipality is operating under the council-manager form of government; or (b)  for a county: (i)  the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; (ii)  the county executive officer, if the county is operating under the county-executive council form of government; or (iii)  the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102 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 the commissioner of the department. See Utah Code 70D-1-102 Contract: A legal written agreement that becomes binding when signed. Council-mayor form of government: means the form of municipal government that: (a)  (i)  is provided for in Laws of Utah 1977, Chapter 48; (ii)  may not be adopted without voter approval; and (iii)  consists of two separate, independent, and equal branches of municipal government; and (b)  on and after May 5, 2008, is described in 2. See Utah Code 10-3b-102 County executive: means :Utah Code 68-3-12.5 County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section 17-22-1. See Utah Code 11-51-102 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Financial Institutions. See Utah Code 70D-1-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Federal agency: means the United States Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, or the National Park Service. See Utah Code 11-51-102 Federally managed land: means land that is managed by the United States Bureau of Land Management, the United States Forest Service, or the National Park Service. See Utah Code 11-51-102 Five-member council form of government: means the form of municipal government described in 4. See Utah Code 10-3b-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 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)  have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title; (e)  have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and (f)  have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102 Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-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 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 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 Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102 Metro township council form of government: means the form of metro township government described in 5. See Utah Code 10-3b-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102 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 National monument: means a national monument designated or declared in accordance with the Antiquities Act of 1906, 54 U. See Utah Code 11-51-102 National recreation area: means a recreation area designated by an act of Congress. See Utah Code 11-51-102 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 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 Person: means :Utah Code 68-3-12.5 Political subdivision: means a municipality or county. See Utah Code 11-51-102 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 Principal license: means : (a)  a resort license; (b)  a hotel license; or (c)  an arena license. 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Provisions applicable to a sublicense: means : (a)  for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under 2; (b)  for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under 3; (c)  for a bar establishment sublicense, the provisions applicable to a bar establishment license under 4; (d)  for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under 6; (e)  for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under 7; (f)  for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under 9; (g)  for a hospitality amenity license, the provisions applicable to a hospitality amenity license under 10; and (h)  for a spa sublicense, the provisions applicable to the sublicense under 2, Spa Sublicense. See Utah Code 32B-1-102 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102 Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. 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 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 Six-member council form of government: means the form of municipal government described in 3. See Utah Code 10-3b-102 Spa: means a spa: (a)  as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b)  that is within the: (i)  boundary of a resort building; or (ii)  boundary of a hotel. See Utah Code 32B-8d-102 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. See Utah Code 32B-1-102 State: means : (a)  a state, territory, or possession of the United States; (b)  the District of Columbia; or (c)  the Commonwealth of Puerto Rico. See Utah Code 70D-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 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 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5