|Part 1||General Provisions||32B-3-101 – 32B-3-102|
|Part 2||Disciplinary Proceedings||32B-3-201 – 32B-3-207|
|Part 3||Nuisance Retail Licensee Act||32B-3-301 – 32B-3-307|
Terms Used In Utah Code > Title 32B > Chapter 3
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 32B-3-205
- Adjudicative proceeding: means :Utah Code 48-2e-1156
- 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 the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 32B-3-205
- 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
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- 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.
- 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.
- 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 Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 32B-3-205
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Cooperative: means a form of coownership of real estate in which:
(a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity; (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 32B-2-602
- 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.
- 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
- 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 Real Estate of the Department of Commerce. See Utah Code 32B-2-602
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 32B-3-205
- Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code; (b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 32B-3-205
- 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.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Felony: A crime carrying a penalty of more than a year in prison.
- 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
- Flag: means a depiction or emblem:
(i) (A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or (B) of the state flag of Utah as provided in Section 63G-1-501; (ii) made from fabric or cloth; and (iii) with measurements that do not exceed three feet by five feet. See Utah Code 32B-3-202
- 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.
- Greater than class C radioactive waste: means low-level radioactive waste that has higher concentrations of specific radionuclides than allowed for class C waste. See Utah Code 19-3-303
- 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
- Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 32B-3-205
- 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 (55)(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
- Investigator: means an individual who is:
(a) a department compliance officer; or (b) a nondepartment enforcement officer. 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.
- Jurisdiction: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 32B-3-205
- Land: includes :Utah Code 48-2e-1156
- License: means :
(a) a retail license; (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or (d) a license issued in accordance with Chapter 13, Beer Wholesaling 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
- 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 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.
- 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
- 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
- Nondepartment enforcement officer: means an individual who is:
(a) a peace officer, examiner, or investigator; and (b) employed by a nondepartment enforcement agency. 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
- Oath: includes "affirmation. See Utah Code 48-2e-1156
- 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
- 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.
- 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 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.
- 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; (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or (h) an invitee. 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, 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: means :Utah Code 48-2e-1156
- 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 (82)(a) through (f); or (ii) a package agent. See Utah Code 32B-1-102
- 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
- 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 48-2e-1156
- Property: includes both real and personal property. See Utah Code 48-2e-1156
- 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 31A-27a-805
- real property: includes :Utah Code 48-2e-1156
- 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
- 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).
- Resident: means :
(a) a renter as defined in Section 57-22-2; (b) a resident as defined in Section 57-16-3; or (c) a unit owner as defined in Section 57-8-3. See Utah Code 32B-3-202
- Residential property management authority: means :
(a) an owner as defined in Section 57-22-2; (b) a mobile home park as defined in Section 57-16-3; (c) a mobile home park residents' association established in accordance with Section 57-16-16; (d) an association of unit owners as defined in Section 57-8-3; or (e) a management committee as defined in Section 57-8-3. See Utah Code 32B-3-202
- 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 resort license; or (l) a hotel license. See Utah Code 32B-1-102
- Serve: means to place an alcoholic product before an individual. 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 48-2e-1156
- 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
- Subpoena: A command to a witness to appear and give testimony.
- 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 48-2e-1156
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
- wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
- Writing: includes :Utah Code 48-2e-1156
- Alcoholic beverage: means the following: