Utah Code > Title 32B > Chapter 12 – Liquor Warehousing License Act
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Terms Used In Utah Code > Title 32B > Chapter 12 - Liquor Warehousing License Act
- Advanced air mobility system: includes each component of a system described in Subsection (2)(a), including:
(i) the aircraft, including payload; (ii) communications equipment; (iii) navigation equipment; (iv) controllers; (v) support equipment; and (vi) remote and autonomous functions. See Utah Code 72-10-102 - Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Aeronautics: means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or other air navigation facilities. See Utah Code 72-10-102
- Air instruction: means the imparting of aeronautical information by any aviation instructor or in any air school or flying club. See Utah Code 72-10-102
- Air school: means any person engaged in giving, offering to give, or advertising, representing, or holding himself out as giving, with or without compensation or other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects. See Utah Code 72-10-102
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Airport: means any area of land or water which is used, or intended for use for the landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for aircraft buildings or other airport facilities or rights of way, together with all airport buildings and facilities located on them. See Utah Code 72-10-301
- Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
- Airport: means any area of land, water, or both, that:
(a) is used or is made available for landing and takeoff; (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo; (c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and (d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102 - Airport authority: means a political subdivision of the state, other than a county or municipality, that is authorized by statute to operate an airport. See Utah Code 72-10-102
- Airport hazard: means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport. See Utah Code 72-10-401
- Airport influence area: means land located within 5,000 feet of an airport runway. See Utah Code 72-10-401
- Airport operator: means a municipality, county, or airport authority that owns or operates a commercial airport. See Utah Code 72-10-102
- Airport overlay zone: means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:
(a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area; (b) may extend beyond the airport influence area; (c) ensures airport utility as a public asset; (d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and (e) protects aircraft occupant safety through protection of navigable airspace. See Utah Code 72-10-401 - Airport revenue: means :
(ii) state and local taxes on aviation fuel. See Utah Code 72-10-102 - Airworthiness: means conformity with requirements prescribed by the Federal Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or accessories. See Utah Code 72-10-102
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:
(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and (b) to prohibit or remove any obstruction to such overflight. See Utah Code 72-10-401 - Beer: means a product that:
(i) contains: (A) at least . 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 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- City: means a municipality of the first class, as defined under Section 10-2-301, that:
(a) is authorized by statute to operate an airport; and (b) operates an airport with greater than 10 million annual passengers. See Utah Code 72-10-601 - Civil aircraft: means any aircraft other than a public aircraft. See Utah Code 72-10-102
- Commercial airport: means a landing area, landing strip, or airport that may be used for commercial operations. See Utah Code 72-10-102
- Commercial operations: means :
(a) any operations of an aircraft for compensation or hire or any services performed incidental to the operation of any aircraft for which a fee is charged or compensation is received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of aircraft, the operation of flight or ground schools, the operation of aircraft for the application or distribution of chemicals or other substances, and the operation of aircraft for hunting and fishing; or (b) the brokering or selling of any of these services; but (c) does not include any operations of aircraft as common carriers certificated by the federal government or the services incidental to those operations. See Utah Code 72-10-102 - Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- County executive: means :Utah Code 68-3-12.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Dependent: A person dependent for support upon another.
- Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 72-10-601
- 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 appointed under Section 72-1-202. See Utah Code 72-1-102
- Experimental aircraft: means :
(a) any aircraft designated by the Federal Aviation Administration or the military as experimental and used solely for the purpose of experiments, or tests regarding the structure or functioning of aircraft, engines, or their accessories; and (b) any aircraft designated by the Federal Aviation Administration as: (i) being custom or amateur built; and (ii) used for recreational, educational, or display purposes. See Utah Code 72-10-102 - 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.
- 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.
- Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 72-1-102
- Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
- Flying club: means five or more persons who for neither profit nor reward own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both. See Utah Code 72-10-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Glider: means an aircraft heavier than air, similar to an airplane, but without a power plant. See Utah Code 72-10-102
- Ground transportation service: means transporting passengers for hire or as a courtesy in connection with a business over public streets pursuant to a license with the city. See Utah Code 72-10-601
- Ground transportation service provider: includes :
(i) a taxicab driver; (ii) a limousine or luxury car driver; (iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section 17B-2a-802; (iv) a courtesy vehicle or hotel vehicle driver; (v) a special transportation vehicle driver who transports persons with a disability; and (vi) a van driver. See Utah Code 72-10-601 - Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Implement of husbandry: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Land use regulation: means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 72-10-401
- 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.
- Liquor: includes :
(A) heavy beer; (B) wine; and (C) a flavored malt beverage. 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-1-102 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 - Mechanic: means a person who constructs, repairs, adjusts, inspects, or overhauls aircraft, engines, or accessories. See Utah Code 72-10-102
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
- Municipality: means any county, city, town, or political subdivision of this state. See Utah Code 72-10-301
- Oversight: Committee review of the activities of a Federal agency or program.
- Package agency: means a retail liquor location operated:
(a) under an agreement with the department; and (b) by a person: (i) other than the state; and (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 - Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representation thereof. See Utah Code 72-10-301
- Person: means :Utah Code 68-3-12.5
- Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Pilot: means any person who operates the controls of an aircraft while in-flight. See Utah Code 72-10-102
- Political subdivision: means any municipality, city, town, or county. See Utah Code 72-10-401
- Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102
- Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. See Utah Code 72-1-102
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property owner: means the owner or lessee of real property. See Utah Code 72-9-102
- Public agency: means the United States government or any of its agencies, a state or its agencies, a municipality or other political subdivision, or a tax-supported organization. See Utah Code 72-10-301
- Public aircraft: means an aircraft used exclusively in the service of any government or of any political subdivision, including the government of the United States, of the District of Columbia, and of any state, territory, or insular possession of the United States, but not including any government-owned aircraft engaged in carrying persons or goods for commercial purposes. See Utah Code 72-10-102
- 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 - Registration number: means the number assigned by the Federal Aviation Administration to any aircraft, whether or not the number includes a letter or letters. See Utah Code 72-10-102
- 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.
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- Road: includes :Utah Code 68-3-12.5
- Staff: includes :
(i) an officer; (ii) a director; (iii) an employee; (iv) personnel management; (v) an agent of the licensee, including a managing agent; (vi) an operator; or (vii) a representative. See Utah Code 32B-1-102 - State: 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 impound yard: means the same as that term is defined in Section 41-1a-102. See Utah Code 72-9-102
- Statute: A law passed by a legislature.
- Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See Utah Code 72-10-401
- Subpoena: A command to a witness to appear and give testimony.
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
- Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102
- Tow truck operator: means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier. See Utah Code 72-9-102
- Tow truck service: means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck. See Utah Code 72-9-102
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Transportation: means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier. See Utah Code 72-9-102
- Tree: means any object of natural growth. See Utah Code 72-10-401
- Trustee: A person or institution holding and administering property in trust.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Unmanned aircraft: means an aircraft that is:
(a) capable of sustaining flight; and (b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102 - Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:
(a) the unmanned aircraft, including payload; (b) communications equipment; (c) navigation equipment; (d) controllers; (e) support equipment; and (f) autopilot functionality. See Utah Code 72-10-102 - User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Vertiport: means an area of land, or a structure, used or intended to be used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated buildings and facilities. See Utah Code 72-10-102
- 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
- Writing: includes :Utah Code 68-3-12.5