Part 1 General Provisions 32B-1-101 – 32B-1-104
Part 2 Miscellaneous Provisions 32B-1-201 – 32B-1-208
Part 3 Qualifications and Background 32B-1-301 – 32B-1-307
Part 4 Proof of Age Act 32B-1-401 – 32B-1-408
Part 5 Attire, Conduct, and Entertainment Act 32B-1-501 – 32B-1-506
Part 6 Malted Beverage Act 32B-1-601 – 32B-1-608
Part 7 Alcohol Training and Education Act 32B-1-701 – 32B-1-705

Terms Used In Utah Code > Title 32B > Chapter 1 - Alcoholic Beverage Control General Provisions

  • Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 17-27a-103
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: means the deputy state treasurer assigned by the state treasurer. See Utah Code 67-4a-102
  • Airport lounge: means a business location:
    (a) at which an alcoholic product is sold at retail for consumption on the premises; and
    (b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
  • Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and 5. See Utah Code 32B-1-102
  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Utah Code 67-4a-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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
  • Banquet: means an event:
    (a) that is a private event or a privately sponsored event;
    (b) that is held at one or more designated locations approved by the commission in or on the premises of:
    (i) a hotel;
    (ii) a resort facility;
    (iii) a sports center;
    (iv) a convention center;
    (v) a performing arts facility;
    (vi) an arena; or
    (vii) a restaurant venue;
    (c) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
    (ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
    (d) 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
  • Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and 4. 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
  • Beer wholesaling license: means a license:
    (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
    (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 9. See Utah Code 32B-1-102
  • Bequest: Property gifted by will.
  • Billboard: means a public display used to advertise, including:
    (a) a light device;
    (b) a painting;
    (c) a drawing;
    (d) a poster;
    (e) a sign;
    (f) a signboard; or
    (g) a scoreboard. 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
  • Church: means a building:
    (a) set apart for worship;
    (b) in which religious services are held;
    (c) with which clergy is associated; and
    (d) that is tax exempt under the laws of this state. 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
  • 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
  • Confidential information: means records, reports, and information that is confidential under Section 67-4a-1402. See Utah Code 67-4a-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.
  • Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
  • Convention center: means a facility that is:
    (a) in total at least 30,000 square feet; and
    (b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102
  • 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.
  • Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Department compliance officer: means an individual who is:
    (a) an auditor or inspector; and
    (b) employed by the department. See Utah Code 32B-1-102
  • Development activity: means :
    (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
    (b) any change in use of a building or structure that creates additional demand and need for public facilities; or
    (c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
  • Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
  • Devise: To gift property by will.
  • Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
  • 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
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispensing structure: means a surface or structure on a licensed premises:
    (a) where an alcoholic product is dispensed; or
    (b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Domestic airport: means an airport that:
    (a) has at least 15,000 commercial airline passenger boardings in any five-year period;
    (b) receives scheduled commercial passenger aircraft service; and
    (c) is not an international airport. See Utah Code 32B-1-102
  • Donor: The person who makes a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 67-4a-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
  • Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as an equity license. See Utah Code 32B-1-102
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Event permit: means :
    (a) a single event permit; or
    (b) a temporary beer event permit. See Utah Code 32B-1-102
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
  • Fraud: Intentional deception resulting in injury to another.
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • 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
  • 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
  • Highway: includes :Utah Code 68-3-12.5
  • Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter. See Utah Code 67-4a-102
  • Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. 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
  • 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
  • Identification card: means an identification card issued under 8. See Utah Code 32B-1-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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
  • 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
  • International airport: means an airport:
    (a) with a United States Customs and Border Protection office on the premises of the airport; and
    (b) at which international flights may enter and depart. See Utah Code 32B-1-102
  • intoxication: means that
         an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
    (a) an alcoholic product;
    (b) a controlled substance;
    (c) a substance having the property of releasing toxic vapors; or
    (d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102
  • Investigator: means an individual who is:
    (a) a department compliance officer; or
    (b) a nondepartment enforcement officer. 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Land: includes :Utah Code 68-3-12.5
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. See Utah Code 32B-1-102
  • Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
    (a) in which the driver and a passenger are separated by a partition, glass, or other barrier;
    (b) that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
    (c) to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. 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 Control Fund: means the enterprise fund created by Section 32B-2-301. 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
  • Liquor warehousing license: means a license that is issued:
    (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
    (b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Malt substitute: means :
    (a) rice;
    (b) grain;
    (c) bran;
    (d) glucose;
    (e) sugar; or
    (f) molasses. See Utah Code 32B-1-102
  • Malted beverage: means :
    (a) beer;
    (b) a flavored malt beverage; and
    (c) heavy beer. See Utah Code 32B-1-602
  • 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
  • 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
  • Mineral: includes :
    (i) building stone;
    (ii) cement material;
    (iii) chemical raw material;
    (iv) coal;
    (v) colloidal and other clay;
    (vi) fissionable and nonfissionable ore;
    (vii) gas;
    (viii) gemstone;
    (ix) gravel;
    (x) lignite;
    (xi) oil;
    (xii) oil shale;
    (xiii) other gaseous liquid or solid hydrocarbon;
    (xiv) road material;
    (xv) sand;
    (xvi) steam and other geothermal resources;
    (xvii) sulphur; and
    (xviii) uranium. See Utah Code 67-4a-102
  • Mineral proceeds: includes an amount payable:
    (i) for the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, or delay rental;
    (ii) for the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, or production payment; and
    (iii) under an agreement or option, including a joint-operating agreement, unit agreement, pooling agreement, and farm-out agreement. See Utah Code 67-4a-102
  • Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
  • Minor: means an individual under 21 years old. See Utah Code 32B-1-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nondepartment enforcement agency: means an agency that:
    (a) 
    (i) is a state agency other than the department; or
    (ii) is an agency of a county, city, town, or metro township; and
    (b) has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102
  • Nondepartment enforcement officer: means an individual who is:
    (a) a peace officer, examiner, or investigator; and
    (b) employed by a nondepartment enforcement agency. See Utah Code 32B-1-102
  • 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.
  • Off-premise beer retailer: means a beer retailer who is:
    (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
    (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
  • Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102
  • Off-premise retail manager: means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701
  • 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
  • On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and 6. 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 7; 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
  • Opaque: means impenetrable to sight. See Utah Code 32B-1-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes :
    (i) a depositor, for a deposit;
    (ii) a beneficiary, for a trust other than a deposit in trust;
    (iii) a creditor, claimant, or payee, for other property; and
    (iv) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value. See Utah Code 67-4a-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
  • Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
  • Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
  • Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
  • Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
    (i) none of the property identified in the agreement is a lot; or
    (ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 17-27a-103
  • 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.
  • 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
  • Performing arts facility: means a multi-use performance space that:
    (i) is primarily used to present various types of performing arts, including dance, music, and theater;
    (ii) contains over 2,500 seats;
    (iii) is owned and operated by a governmental entity; and
    (iv) is located in a city of the first class. See Utah Code 32B-1-102
  • 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
  • Person: means :
    (a) an individual;
    (b) an estate;
    (c) a business association;
    (d) a public corporation;
    (e) a government entity;
    (f) an agency;
    (g) a trust;
    (h) an instrumentality; or
    (i) any other legal or commercial entity. See Utah Code 67-4a-102
  • Person subject to administrative action: means :
    (a) a licensee;
    (b) a permittee;
    (c) a manufacturer;
    (d) a supplier;
    (e) an importer;
    (f) one of the following holding a certificate of approval:
    (i) an out-of-state brewer;
    (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
    (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
    (g) staff of:
    (i) a person listed in Subsections (90)(a) through (f); or
    (ii) a package agent. See Utah Code 32B-1-102
  • personal information: means :
    (a) information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:
    (i) social security number or other government-issued number or identifier;
    (ii) date of birth;
    (iii) home or physical address;
    (iv) electronic mail address or other online contact information or Internet provider address;
    (v) financial account number or credit or debit card number;
    (vi) biometric data, health or medical data, or insurance information; or
    (vii) passwords or other credentials that permit access to an online or other account;
    (b) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
    (c) any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data, or if lost or misused, would require notice or reporting under Section 13-44-202 and federal privacy and data security law, regardless of whether the administrator or the administrator's agent is subject to the law. See Utah Code 67-4a-1401
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • 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
  • Primary spirituous liquor: means the main distilled spirit in a beverage. 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
  • Privately sponsored event: means a specific social, business, or recreational event:
    (a) that is held in or on the premises of an on-premise banquet licensee; and
    (b) to which entry is restricted by an admission fee. 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
  • 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;
    (II) in accordance with the laws of the state in which it is issued; or
    (III) in accordance with federal law by the United States Department of State;
    (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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property: includes :
    (i) all income from or increments to the property;
    (ii) property referred to as or evidenced by:
    (A) money, virtual currency, interest, or a dividend, check, draft, or deposit;
    (B) a credit balance, customer's overpayment, stored-value card, payroll card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; and
    (C) a security except for:
    (I) a worthless security; or
    (II) a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
    (iii) a bond, debenture, note, or other evidence of indebtedness;
    (iv) money deposited to redeem a security, make a distribution, or pay a dividend;
    (v) an amount due and payable under an annuity contract or insurance policy;
    (vi) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and
    (vii) an amount held under a preneed funeral or burial contract, other than a contract for burial rights or opening and closing services, where the contract has not been serviced following the death or the presumed death of the beneficiary. See Utah Code 67-4a-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • Public building: means a building or permanent structure that is:
    (i) owned or leased by:
    (A) the state; or
    (B) a local government entity; and
    (ii) used for:
    (A) public education;
    (B) transacting public business; or
    (C) regularly conducting government activities. See Utah Code 32B-1-102
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
  • Putative holder: means a person believed by the administrator to be a holder, until:
    (a) the person pays or delivers to the administrator property subject to this chapter; or
    (b) the administrator or a court makes a final determination that the person is or is not a holder. See Utah Code 67-4a-102
  • Quorum: The number of legislators that must be present to do business.
  • Reception center: means a business that:
    (a) operates facilities that are at least 5,000 square feet; and
    (b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
  • Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and 8. See Utah Code 32B-1-102
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 67-4a-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence: means a person's principal place of abode within Utah. 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
  • Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • 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
  • 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
  • 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
  • Restaurant license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a limited-service restaurant license; or
    (c) a beer-only restaurant license. See Utah Code 32B-1-102
  • Restaurant venue: means a room within a restaurant that:
    (a) is located on the licensed premises of a restaurant licensee;
    (b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
    (c) 
    (i) has at least 1,000 square feet that:
    (A) may be reserved for a banquet; and
    (B) accommodates at least 75 individuals; or
    (ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
  • Restricted area: means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted. See Utah Code 32B-1-402
  • 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
  • Retail manager: means an individual who:
    (a) manages operations at a premises that is licensed under Chapter 5, Retail License Act; or
    (b) supervises the furnishing of an alcoholic product at a premises that is licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
  • Retail staff: means an individual who serves an alcoholic product at a premises licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
  • Road: includes :Utah Code 68-3-12.5
  • Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
    (a) hotel; or
    (b) resort facility. See Utah Code 32B-1-102
  • 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
  • Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
  • Security: means :
    (a) a security as defined in Revised Article 8 of the Uniform Commercial Code; or
    (b) a security entitlement as defined in Revised Article 8 of the Uniform Commercial Code, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:
    (i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;
    (ii) payable to the order of the person;
    (iii) specifically endorsed to the person; or
    (iv) an equity interest in a business association not included in this Subsection (32). See Utah Code 67-4a-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexually oriented entertainer: means a person who while in a state of seminudity appears at or performs:
    (a) for the entertainment of one or more patrons;
    (b) on the premises of:
    (i) a bar licensee; or
    (ii) a tavern;
    (c) on behalf of or at the request of the licensee described in Subsection (119)(b);
    (d) on a contractual or voluntary basis; and
    (e) whether or not the person is designated as:
    (i) an employee;
    (ii) an independent contractor;
    (iii) an agent of the licensee; or
    (iv) a different type of classification. See Utah Code 32B-1-102
  • Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Single event permit: means a permit issued in accordance with 3. See Utah Code 32B-1-102
  • Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103
  • 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
  • Small or unincorporated locality: means :
    (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
    (b) a town, as classified under Section 10-2-301; or
    (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified under Section 17-50-501. See Utah Code 32B-1-102
  • 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
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. See Utah Code 32B-1-102
  • Sports center: is a s defined by the commission by rule. 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 67-4a-102
  • State of nudity: means :
    (a) the appearance of:
    (i) the nipple or areola of a female human breast;
    (ii) a human genital;
    (iii) a human pubic area; or
    (iv) a human anus; or
    (b) a state of dress that fails to opaquely cover:
    (i) the nipple or areola of a female human breast;
    (ii) a human genital;
    (iii) a human pubic area; or
    (iv) a human anus. See Utah Code 32B-1-102
  • State of seminudity: means a state of dress in which opaque clothing covers no more than:
    (a) the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and
    (b) the human genitals, pubic area, and anus:
    (i) with no less than the following at its widest point:
    (A) four inches coverage width in the front of the human body; and
    (B) five inches coverage width in the back of the human body; and
    (ii) with coverage that does not taper to less than one inch wide at the narrowest point. 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
  • Statement of age: means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement. See Utah Code 32B-1-402
  • Statute: A law passed by a legislature.
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and
    (b) designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102
  • Temporary beer event permit: means a permit issued in accordance with 4. See Utah Code 32B-1-102
  • Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. 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
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
  • Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unsaleable liquor merchandise: means a container that:
    (a) is unsaleable because the container is:
    (i) unlabeled;
    (ii) leaky;
    (iii) damaged;
    (iv) difficult to open; or
    (v) partly filled;
    (b) 
    (i) has faded labels or defective caps or corks;
    (ii) has contents that are:
    (A) cloudy;
    (B) spoiled; or
    (C) chemically determined to be impure; or
    (iii) contains:
    (A) sediment; or
    (B) a foreign substance; or
    (c) is otherwise considered by the department as unfit for sale. See Utah Code 32B-1-102
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. 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
  • Writing: includes :Utah Code 68-3-12.5