Part 1 General Provisions 32B-2-101 – 32B-2-102
Part 2 Organization and Operations of Commission and Department 32B-2-201 – 32B-2-211.1
Part 3 Fiscal Matters 32B-2-301 – 32B-2-308
Part 4 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act 32B-2-401 – 32B-2-405
Part 5 State Store 32B-2-501 – 32B-2-505
Part 6 Package Agency 32B-2-601 – 32B-2-607
Part 7 Wine Subscription Program 32B-2-701 – 32B-2-703

Terms Used In Utah Code > Title 32B > Chapter 2

  • Account: means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403. See Utah Code 32B-2-402
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Advisory council: means the Utah Substance Use and Mental Health Advisory Council created in Section 63M-7-301. See Utah Code 32B-2-402
  • Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aggrieved person: includes a person who:
    (a) claims to have been injured by a discriminatory housing practice; or
    (b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
  • 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
  • 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
  • Allegation: something that someone says happened.
  • Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual conviction time period: means the time period that:
    (i) begins on July 1 and ends on June 30; and
    (ii) immediately precedes the fiscal year for which an appropriation under this part is made. See Utah Code 32B-2-402
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • 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
  • Brewer: means a person engaged in manufacturing:
    (a) beer;
    (b) heavy beer; or
    (c) a flavored malt beverage. See Utah Code 32B-1-102
  • Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
  • Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. 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
  • 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
  • Commission: means the Labor Commission. See Utah Code 57-21-2
  • 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
  • Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
  • Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • 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.
  • 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
  • County legislative body: means :Utah Code 68-3-12.5
  • Covered multifamily dwelling: means :
    (a) a building consisting of four or more dwelling units if the building has one or more elevators; and
    (b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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.
  • 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
  • Developer: means a person that:
    (a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or
    (b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2
  • Development: includes :
    (i) a single-site development; or
    (ii) a multiple-site development. See Utah Code 57-19-2
  • 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
  • Director: means the director of the division. See Utah Code 57-19-2
  • Director: means the director of the division or a designee. See Utah Code 57-21-2
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
  • Discriminate: includes segregate or separate. See Utah Code 57-21-2
  • Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
  • Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Dwelling: means :
    (a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or
    (b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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
  • Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
    (i) a parent or another person having legal custody of the one or more individuals; or
    (ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
  • 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
  • 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 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
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
  • Generator: means a person who:
    (a) possesses any material or component:
    (i) that contains radioactivity or is radioactively contaminated; and
    (ii) for which the person foresees no further use; and
    (b) transfers the material or component to:
    (i) a commercial radioactive waste treatment or disposal facility; or
    (ii) a broker. See Utah Code 19-3-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
  • Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
  • 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
  • Hard cider: means the same as that term is defined in 26 U. 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
  • High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
  • Highway: includes :Utah Code 68-3-12.5
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (d) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (e) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (f) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • 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
  • 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
  • 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
  • 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
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • 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.
  • 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.
  • Municipal-type services: includes , but is not limited to:
    (a) fire protection service;
    (b) waste and garbage collection and disposal;
    (c) planning and zoning;
    (d) street lighting;
    (e) life support and paramedic services;
    (f) water;
    (g) sewer;
    (h) electricity;
    (i) natural gas or other fuel; or
    (j) law enforcement. See Utah Code 19-3-303
  • Municipality: means :
    (i) a city;
    (ii) a town; or
    (iii) a metro township. See Utah Code 32B-2-402
  • National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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
  • 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
  • Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner, lessor, or sublessor of a residential rental unit. See Utah Code 57-22-2
  • 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
  • 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: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
  • 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
  • Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prevention: is a s defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within the Department of Human Services. See Utah Code 32B-2-402
  • 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
  • Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • 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
  • 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: 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.
  • renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2
  • Rental agreement: means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. See Utah Code 57-22-2
  • Rental application: means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. See Utah Code 57-22-2
  • Renter: means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. See Utah Code 57-22-2
  • Residential rental unit: means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. See Utah Code 57-22-2
  • Resort: means the same as that term is defined in Section 32B-8-102. 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
  • Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
  • 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
  • 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
  • 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
  • Rule: means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-3-303
  • 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
  • salesperson: means a principal broker, an associate broker, or a sales agent as those terms are defined in Section 61-2f-102. See Utah Code 57-21-2
  • 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
  • sell: means selling an interest in a development for value. See Utah Code 57-19-2
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • services: means any work or governmental program which provides a benefit. See Utah Code 19-3-303
  • 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.
  • Sex: means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. See Utah Code 57-21-2
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 57-21-2
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • Source of income: means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. See Utah Code 57-21-2
  • 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
  • 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 store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Statute: A law passed by a legislature.
  • Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). See Utah Code 32B-2-701
  • Subscription program: means the wine subscription program established in Section 32B-2-702. See Utah Code 32B-2-701
  • Supplier: means a person who sells an alcoholic product to the department. 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 restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Wine subscription: means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. See Utah Code 32B-2-701
  • Wine subscription business: means a person that:
    (a) sells or offers for sale a wine subscription; and
    (b) contracts with the department to participate in the subscription program. See Utah Code 32B-2-701
  • 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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