§ 11-6-1 Records to be kept — Availability to peace officers
§ 11-6-3 Violation a misdemeanor
§ 11-6-4 Political subdivisions may not set interest rates

Terms Used In Utah Code > Title 11 > Chapter 6

  • Affected party: means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. See Utah Code 32B-14-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
    (a) a fine; and
    (b) administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (12)(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
  • Board: means the Dietitian Board created in Section 58-49-3. See Utah Code 58-49-2
  • Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
  • Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means the particular court which orders probation in a case. See Utah Code 58-50-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death of a third person: includes recovery for all damages, special and general, resulting from the death, except punitive damages. See Utah Code 32B-15-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dietetics: includes :
    (a) the evaluation of a person's dietary status;
    (b) the advising and education of persons on dietary needs; and
    (c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2
  • Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
    (a) against a person subject to administrative action; and
    (b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
  • Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Good cause: means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Part 2, Termination. See Utah Code 32B-14-102
  • Good faith: is a s defined in Subsection 70A-1a-201(2)(t). See Utah Code 32B-14-102
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Injury: includes injury in person, property, or means of support. See Utah Code 32B-15-102
  • Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
    (a) law; or
    (b) court order. See Utah Code 32B-1-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (d) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (e) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (f) 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
  • Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • 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
  • 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
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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 Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, pursuant to Section 77-18-1. See Utah Code 58-50-2
  • Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision pursuant to court order under Section 77-18-1 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proof of age: means :
    (i) an identification card;
    (ii) an identification that:
    (A) is substantially similar to an identification card;
    (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
    (C) includes date of birth; and
    (D) has a picture affixed;
    (iii) a valid driver license certificate that:
    (A) includes date of birth;
    (B) has a picture affixed; and
    (C) is issued:
    (I) under Title 53, Chapter 3, Uniform Driver License Act; or
    (II) in accordance with the laws of the state in which it is issued;
    (iv) a military identification card that:
    (A) includes date of birth; and
    (B) has a picture affixed; or
    (v) a valid passport. See Utah Code 32B-1-102
  • Retailer: means a beer retailer. See Utah Code 32B-14-102
  • Sales territory: means the geographic area of distribution and sale responsibility designated by a distributorship agreement. See Utah Code 32B-14-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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 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
  • Statute: A law passed by a legislature.
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Terminating party: means a supplier or wholesaler who:
    (a) is a party to a distributorship agreement; and
    (b) seeks to terminate or not renew the distributorship agreement. See Utah Code 32B-14-102
  • 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
  • Violation related to a minor: means a violation under this title:
    (a) that is, in whole or in part, based on a retail licensee, or staff of the retail licensee:
    (i) selling, offering for sale, or furnishing an alcoholic product to a minor;
    (ii) purchasing or otherwise obtaining an alcoholic product for a minor;
    (iii) permitting a minor to consume an alcoholic product;
    (iv) permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or
    (v) offering or providing employment to a minor that under this title may not be obtained by a minor; and
    (b) if as part of the violation the minor uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act. See Utah Code 32B-16-102
  • Writing: includes :Utah Code 68-3-12.5
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