Terms Used In Utah Code > Title 32B > Chapter 13 > Part 2 - Beer Wholesaling License Process

• Aerial lift: means a ropeway on which passengers are transported in cabins or on chairs. See Utah Code 72-11-102
• Aerial tramway: means a ropeway on which passengers are transported in cable supported carriers and are not in contact with the ground or snow surface and that reciprocates between terminals. See Utah Code 72-11-102
• 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, 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 Area: means the geographic area, terrain, and ski slopes served by a passenger ropeway. See Utah Code 72-11-102 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 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 Car-pool: means a mode of transportation in which: (a)  six or fewer persons, including the driver, ride together in a motor vehicle; (b)  that transportation is incidental to another purpose of the driver; and (c)  the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103 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 Committee: means the Passenger Ropeway Safety Committee created by Section 72-11-202. See Utah Code 72-11-102 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 Contract: A legal written agreement that becomes binding when signed. Conveyor: means a device used to transport skiers and snowboarders standing on a flexible moving element or belt. See Utah Code 72-11-102 Conviction: A judgement of guilt against a criminal defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 Detachable grip lift: means a monocable or bicable ropeway system on which carriers circulate around the system alternately attaching to and detaching from a moving haul rope. See Utah Code 72-11-102 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. Ex officio: Literally, by virtue of one's office. Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102 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 Funicular: means a ropeway on which carriers are supported and guided by a guideway and that is propelled by means of a haul rope system and that is operated as a single or double reversible system. See Utah Code 72-11-102 Industry: means the passenger ropeway business activities of any person in the state who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Lien: A claim against real or personal property in satisfaction of a debt. 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 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 offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102 Operator: means a person, including any political subdivision or instrumentality of the political subdivision, who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102 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 any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102 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 Private residence passenger ropeway: means a passenger ropeway that: (a)  is installed at a private residence; (b)  is not accessible to the general public; (c)  is not used for commercial purposes; and (d)  (i)  is owned by one single owner; and (ii)  the owner described in Subsection (11)(d)(i) is not: (A)  a unit or homeowner's association; or (B)  a planned unit development or a planned residential unit development organization or entity. See Utah Code 72-11-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102 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 Rope tow: means a ropeway on which passengers remain in contact with the ground or snow surface and are pulled in one direction only by a towing device attached to a circulating wire rope. See Utah Code 72-11-102 Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by: (a)  if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and (b)  excluding beer, heavy beer, or flavored malt beverage the brewer: (i)  manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii)  does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 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 Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Surface lift: means a ropeway on which passengers remain in contact with the ground or snow surface and are pulled by a towing device attached to a circulating overhead wire rope, and includes a J-bar, T-bar, or platter pull. See Utah Code 72-11-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 Van-pool: means a nonprofit mode of prearranged commuter transportation of a relatively fixed group of seven to 15 persons, including the driver, between home and work, or termini near home and work, in a vehicle the group occupancy of which does not exceed the vehicle manufacturer's design capacity and that: (a)  is owned or leased and operated by an individual: (i)  who owns only one van-pool vehicle; (ii)  whose provision of transportation is incidental to another purpose of the operator; (iii)  who does not transport people as a business; and (iv)  who accepts money from riders in the vehicle, if at all, only to recover some or all expenses directly related to the transportation, including fuel, maintenance, insurance, and depreciation; (b)  is owned or leased by a nonprofit employee organization and used to transport employees between home and work, or termini near home and work to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the operating, administration, and reasonable depreciation costs of which are paid, if at all, by the persons using the vehicles; or (c)  is owned or leased by an employer, a public agency, or a public transit district, either alone or in cooperation with others to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the driver and passengers of which are employees and fees charged, if at all, for which are nonprofit and only to recover operating, maintenance, administration, and reasonable depreciation costs. See Utah Code 72-12-103