Terms Used In Utah Code > Title 32B > Chapter 3 - Disciplinary Actions and Enforcement Act

• Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means :

  (a)	a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;

  (b)	a county, city, town, school district, or special improvement or taxing district; or

  (c)

  any other political subdivision. See Utah Code 67-20-2 Aggravating circumstances: means : (a)  prior warnings about compliance problems; (b)  a prior violation history; (c)  a lack of written policies governing employee conduct; (d)  multiple violations during the course of an investigation; (e)  efforts to conceal a violation; (f)  an intentional violation; (g)  the violation involved more than one patron or employee; or (h)  a violation that results in injury or death. See Utah Code 32B-3-102 Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. See Utah Code 32B-1-102 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. board: means the board of trustees created in Section 67-19d-202. See Utah Code 67-19d-102 board: means the board of trustees created in Section 67-19f-202. See Utah Code 67-19f-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 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 Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's: (a)  incarceration; (b)  plea; (c)  sentence; (d)  diversion; (e)  probation; or (f)  parole. See Utah Code 67-20-2 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. Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103 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 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. 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 Division: means the Division of Human Resource Management. See Utah Code 67-19a-101 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 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. Fiduciary: A trustee, executor, or administrator. Final adjudication: means an adjudication for which a final judgment or order is issued that: (a)  is not appealed, and the time to appeal the judgment has expired; or (b)  is appealed, and is affirmed, in whole or in part, on appeal. See Utah Code 32B-3-102 Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103 FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19f-102 Income: means the revenues received by the state treasurer from investments of the trust fund principal. See Utah Code 67-19d-102 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC intoxication: means that      an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of: (a)  an alcoholic product; (b)  a controlled substance; (c)  a substance having the property of releasing toxic vapors; or (d)  a combination of products or substances described in Subsections (60)(a) through (c). 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 IRS aggregate amount: means the fixed or determinable income aggregate amount described in 26 C. See Utah Code 67-20-2 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. Juror: A person who is on the jury. Land: includes :Utah Code 68-3-12.5 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103 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 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103 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 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mitigating circumstances: means : (a)  no prior violation history for the licensee or permittee; (b)  no prior violation history for the individual who committed the violation; (c)  motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or (d)  extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation. See Utah Code 32B-3-102 Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103 Nominal fee: means a fee described in 29 C. See Utah Code 67-20-2 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 Nuisance activity: means : (a)  a judicial finding that a licensed establishment is a nuisance under Section 32B-4-208; or (b)  an act described in Section 32B-3-303. See Utah Code 32B-3-302 Objecting governmental entity: means : (a)  a local government entity; (b)  a prosecutor's office; or (c)  a law enforcement agency. See Utah Code 32B-3-302 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 Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101 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 Package agent: means a person who holds a package agency. See Utah Code 32B-1-102 Parcel: means any real property that is not a lot. See Utah Code 17-27a-103 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 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 an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103 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 Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103 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. 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 Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103 Quorum: The number of legislators that must be present to do business. Reasonable benefits: includes , in accordance with 29 C. See Utah Code 67-20-2 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 Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). 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 Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103 Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See 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: includes any department, division, or agency of the state. See Utah Code 17-27a-103 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 Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103 Subpoena: A command to a witness to appear and give testimony. 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 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. Trust fund: means the State Employees' Annual Leave Trust Fund created in Section 67-19f-201. See Utah Code 67-19f-102 Trust fund: means the State Post-Retirement Benefits Trust Fund created by Section 67-19d-201. See Utah Code 67-19d-102 Trustee: A person or institution holding and administering property in trust. Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Uphold: The decision of an appellate court not to reverse a lower court decision. Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2 Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2 Volunteer safety officer: means an individual who: (a)  provides services as a volunteer under the supervision of an agency; and (b)  at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is: (i)  exercising peace officer authority as provided in Section 53-13-102; or (ii)  if the supervising agency described in Subsection (10)(a) is a fire department: (A)  on the rolls of the supervising agency as a firefighter; (B)  not regularly employed as a firefighter by the supervising agency; and (C)  acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2 Volunteer search and rescue team member: means an individual who: (a)  provides services as a volunteer under the supervision of a county sheriff; and (b)  at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is: (i)  certified as a member of the county sheriff's search and rescue team; and (ii)  acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2 Writing: includes :Utah Code 68-3-12.5