Terms Used In Utah Code > Title 11 > Chapter 56 - Mobile Business Licensing and Regulation 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 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 Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-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 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. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102 Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 Food cart: means a cart: (i)  that is not motorized; and (ii)  that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102 Food truck: means a fully encased food service establishment: (i)  on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and (ii)  from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Hard cider: means the same as that term is defined in 26 U. See Utah Code 32B-1-102 health care facility: means a facility that is licensed by the Department of Health and Human Services under 2. See Utah Code 32B-10-702 Health care practitioner: means : (a)  a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b)  an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act; (c)  a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (d)  a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act; (e)  a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (f)  a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act; (g)  an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act; (h)  a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act; (i)  a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (j)  a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act; (k)  an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (l)  a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and (m)  a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102 Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102 Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains at least . See Utah Code 32B-1-102 Ice cream truck: means a fully encased food service establishment: (i)  on a motor vehicle or on a trailer that a motor vehicle pulls to transport; (ii)  from which a vendor, from within the frame of the vehicle, serves ice cream; (iii)  that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and (iv)  that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102 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 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102 Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102 manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102 Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship: (i)  (A)  under the control of the United States Department of Defense; or (B)  of the National Guard; (ii)  that is located within the state; and (iii)  including a leased facility. See Utah Code 32B-1-102 Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102 Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102 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 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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 Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Political subdivision: means : (a)  a city, town, or metro township; or (b)  a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102 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 Prescription: means an order issued by a health care practitioner when: (a)  the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes; (b)  the order is made in the course of that health care practitioner's professional practice; and (c)  the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 Residence: means a person's principal place of abode within Utah. 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 Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by: (a)  if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and (b)  excluding beer, heavy beer, or flavored malt beverage the brewer: (i)  manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii)  does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 special use permit: means a special use permit issued under this chapter, including: (1)  a religious wine use permit; (2)  an industrial or manufacturing use permit; (3)  a scientific or educational use permit; and (4)  a public service permit. See Utah Code 32B-10-102 Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. 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: 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 Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Temporary mass gathering: means : (i)  an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or (ii)  an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102