Terms Used In Utah Code > Title 32B > Chapter 2 > Part 2 - Organization and Operations of Commission and Department

• 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.
• Airport lounge: means a business location:

  (a)	at which an alcoholic product is sold at retail for consumption on the premises; and

  (b)

  that is located at an international airport or domestic airport. See Utah Code 32B-1-102 Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. See Utah Code 32B-1-102 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. Banquet: means an event: (a)  that is a private event or a privately sponsored event; (b)  that is held at one or more designated locations approved by the commission in or on the premises of: (i)  a hotel; (ii)  a resort facility; (iii)  a sports center; (iv)  a convention center; (v)  a performing arts facility; (vi)  an arena; or (vii)  a restaurant venue; (c)  for which there is a contract: (i)  between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and (ii)  under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and (d)  at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102 Bar establishment license: includes : (i)  a dining club license; (ii)  an equity license; (iii)  a fraternal license; or (iv)  a bar license. See Utah Code 32B-1-102 Beer: means a product that: (i)  contains: (A)  at least . See Utah Code 32B-1-102 Beer retailer: means a business that: (a)  is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and (b)  is licensed as: (i)  an off-premise beer retailer, in accordance with 2; or (ii)  an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102 Beer wholesaling license: means a license: (a)  issued in accordance with Chapter 13, Beer Wholesaling License Act; and (b)  to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102 Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 9. See Utah Code 32B-1-102 Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Commissioner: means a member of the commission. See Utah Code 32B-1-102 Contract: A legal written agreement that becomes binding when signed. 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. 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. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Department compliance officer: means an individual who is: (a)  an auditor or inspector; and (b)  employed by the department. See Utah Code 32B-1-102 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. 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. Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. 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. Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains at least . See Utah Code 32B-1-102 Highway: includes :Utah Code 68-3-12.5 Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. See Utah Code 32B-1-102 Hotel: includes a commercial lodging establishment that: (i)  meets the requirements under Subsection (53)(a); and (ii)  has one or more privately owned dwelling units. See Utah Code 32B-1-102 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 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 Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. 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 transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 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 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 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 Off-premise beer retailer: means a beer retailer who is: (i)  licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and (ii)  engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102 Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102 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 Package agency: means a retail liquor location operated: (a)  under an agreement with the department; and (b)  by a person: (i)  other than the state; and (ii)  who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 Package agent: means a person who holds a package agency. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Person subject to administrative action: means : (a)  a licensee; (b)  a permittee; (c)  a manufacturer; (d)  a supplier; (e)  an importer; (f)  one of the following holding a certificate of approval: (i)  an out-of-state brewer; (ii)  an out-of-state importer of beer, heavy beer, or flavored malt beverages; or (iii)  an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or (g)  staff of: (i)  a person listed in Subsections (90)(a) through (f); or (ii)  a package agent. See Utah Code 32B-1-102 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 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 Quorum: The number of legislators that must be present to do business. Reception center: means a business that: (a)  operates facilities that are at least 5,000 square feet; and (b)  has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102 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 Resort: means the same as that term is defined in Section 32B-8-102. 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 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 Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102 Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 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. Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 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 4. See Utah Code 32B-1-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5