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

  • Accommodation: means :
    (a) a hotel or motel room;
    (b) a condominium or cooperative unit;
    (c) a cabin;
    (d) a lodge;
    (e) an apartment; or
    (f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • 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 with a United States Customs office on the premises of the international airport. See Utah Code 32B-1-102
  • Alcohol training and education seminar: means a seminar that is:
    (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
    (b) described in Section 62A-15-401. See Utah Code 32B-1-102
  • Alcoholic beverage: means the following:
    (a) beer; or
    (b) liquor. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Amenities: means the following physical, recreational or social facilities located at a mobile home park:
    (a) a club house;
    (b) a park;
    (c) a playground;
    (d) a swimming pool;
    (e) a hot tub;
    (f) a tennis court; or
    (g) a basketball court. See Utah Code 57-16-3
  • 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.
  • 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; or
    (vi) an arena;
    (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 Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
  • Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
    (a) stored; or
    (b) dispensed. See Utah Code 32B-1-102
  • 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
  • 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 Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. 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 Chapter 6, Part 9, Beer-Only Restaurant License. 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
  • Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
  • Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
  • Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
  • Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
  • Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means an individual who is 16 years of age or younger. See Utah Code 57-14-102
  • 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 Control 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
  • Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
  • 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.
  • 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 Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • 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: includes :
    (i) a single-site development; or
    (ii) a multiple-site development. See Utah Code 57-19-2
  • Devise: To gift property by will.
  • Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
  • Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
  • Director: means the director of the division. See Utah Code 57-19-2
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
  • 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
  • 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
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
  • Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
  • 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.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 57-19-2
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • 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.
  • Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. 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.
  • 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) contains more than 5% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • historical livestock trail: means property over which livestock has historically traveled to or from a grazing area or market. See Utah Code 57-13b-102
  • Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
  • Hotel: means a commercial lodging establishment that:
    (a) offers at least 40 rooms as temporary sleeping accommodations for compensation;
    (b) is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract; and
    (c) 
    (i) has adequate kitchen or culinary facilities on the premises to provide complete meals; or
    (ii) 
    (A) has at least 1,000 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract and can accommodate at least 75 individuals; or
    (B) if the establishment is located in a small or unincorporated locality, has an appropriate amount of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract, as determined by the commission. 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 Title 53, Chapter 3, Part 8, Identification Card Act. See Utah Code 32B-1-102
  • 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
  • Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
  • Intoxicated: means that a person:
    (a) is significantly impaired as to the person's mental or physical functions as a result of the use of:
    (i) an alcoholic product;
    (ii) a controlled substance;
    (iii) a substance having the property of releasing toxic vapors; or
    (iv) a combination of Subsections (58)(a)(i) through (iii); and
    (b) exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product. 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
  • Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
  • Land: includes :Utah Code 68-3-12.5
  • 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 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
  • 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 Chapter 6, Part 3, Limited-Service Restaurant License. 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
  • 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-1-201 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
  • Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
  • 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
  • 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 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.
  • Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
  • Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
  • Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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 Chapter 7, Part 4, Off-Premise Beer Retailer State License. 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: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
  • 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 Chapter 6, Part 6, On-Premise Banquet License. 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 Chapter 6, Part 7, On-Premise Beer Retailer License; 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
  • Owner: means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
  • 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 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
  • 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
  • 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: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • 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 (87)(a) through (f); or
    (ii) a package agent. See Utah Code 32B-1-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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; 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
  • 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 Chapter 6, Part 2, Full-Service Restaurant License;
    (b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
    (c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
    (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
    (e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer license;
    (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
    (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
    (h) for a resort spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort 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 utility: means an entity that provides electrical or gas service, including a:
    (a) public utility as defined in Title 54, Chapter 2, General Provisions; or
    (b) municipality as defined in Title 10, Utah Municipal Code. See Utah Code 57-16-3
  • Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
  • Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
  • Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • real property: includes :Utah Code 68-3-12.5
  • 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 (98)(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 Chapter 6, Part 8, Reception Center License. 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
  • Recreational purpose: includes , but is not limited to, any of the following or any combination thereof:
    (a) hunting;
    (b) fishing;
    (c) swimming;
    (d) skiing;
    (e) snowshoeing;
    (f) camping;
    (g) picnicking;
    (h) hiking;
    (i) studying nature;
    (j) waterskiing;
    (k) engaging in water sports;
    (l) engaging in equestrian activities;
    (m) using boats;
    (n) mountain biking;
    (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
    (p) using off-highway vehicles or recreational vehicles;
    (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
    (r) aircraft operations; and
    (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating. See Utah Code 57-14-102
  • Registration: means :
    (a) for a development, an approved application for registration described in Section 57-19-5; or
    (b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
  • 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.
  • Rent: means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. See Utah Code 57-16-3
  • Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
  • Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
  • 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
  • Resort spa sublicense: means a resort license sublicense issued in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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 this chapter; or
    (b) supervises the furnishing of an alcoholic product at a premises that is licensed under this chapter. See Utah Code 32B-1-701
  • Retail staff: means an individual who serves an alcoholic product at a premises licensed under this chapter. See Utah Code 32B-1-701
  • Room service: means furnishing an alcoholic product to a person in a guest room of a:
    (a) hotel; or
    (b) resort facility. See Utah Code 32B-1-102
  • Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
  • 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
  • sell: means selling an interest in a development for value. See Utah Code 57-19-2
  • Serious physical injury: means any physical injury or set of physical injuries that:
    (a) seriously impairs a person's health;
    (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;
    (c) involves physical torture or causes serious emotional harm to a person; or
    (d) creates a reasonable risk of death. See Utah Code 57-14-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Service charges: means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. See Utah Code 57-16-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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 (116)(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
  • Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. See Utah Code 32B-1-102
  • Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2
  • Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverages per year. 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
  • 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 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 resort spa sublicense. See Utah Code 32B-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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 Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. 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
  • Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2
  • Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2
  • Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2
  • 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
  • Trespasser: means a person who enters on the land of another without:
    (a) express or implied permission; or
    (b) invitation. See Utah Code 57-14-102
  • 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
  • Water conveyance: means a canal, ditch, pipeline, or other means of conveying water. See Utah Code 57-13a-101
  • 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 Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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