Terms Used In Utah Code > Title 32B > Chapter 4 > Part 4 - Sale, Purchase, Possession, and Consumption

• Abusive conduct: means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:

  (i)	is intended to cause intimidation, humiliation, or unwarranted distress;

  (ii)	results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or

  (iii)

  exploits an employee's known physical or psychological disability. See Utah Code 67-26-102 Abusive conduct complaint process: means the process described in Section 67-26-202. See Utah Code 67-26-102 Administrative review process: means a process that allows an employee, in relation to the findings of an abusive conduct investigation, to seek an administrative review that: (a)  an employer conducts in accordance with Section 67-26-202; or (b)  in relation to a state executive branch agency, the Career Service Review Office conducts in accordance with Section 67-19a-501. See Utah Code 67-26-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. 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. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arrest: Taking physical custody of a person by lawful authority. 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 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 capitol hill complex: means the same as that term is defined in Section 63C-9-102. See Utah Code 32B-4-102 Career service employee: means the same as that term is defined in Section 63A-17-102. See Utah Code 67-27-102 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 Chartered bus: means a passenger bus, coach, or other motor vehicle provided by a bus company to a group of persons pursuant to a common purpose: (a)  under a single contract; (b)  at a fixed charge in accordance with the bus company's tariff; and (c)  to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations. 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 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 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. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Division: means the Division of Human Resource Management. See Utah Code 67-26-102 Employee: includes an elected or appointed official of an employer. See Utah Code 67-26-102 Employer: means : (a)  a state executive branch agency; or (b)  an independent entity, as defined in Section 63E-1-102. See Utah Code 67-26-102 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. Executive branch elected official: means : (a)  the governor; (b)  the lieutenant governor; (c)  the attorney general; (d)  the state treasurer; or (e)  the state auditor. See Utah Code 67-27-102 Executive branch official: means an individual who: (a)  is a management level employee of an executive branch elected official; and (b)  is not a career service employee. See Utah Code 67-27-102 Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 Health care practitioner: means : (a)  a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b)  an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act; (c)  a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (d)  a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act; (e)  a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (f)  a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act; (g)  an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act; (h)  a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act; (i)  a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (j)  a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act; (k)  an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (l)  a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and (m)  a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102 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 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 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 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 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 Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab: (a)  in which the driver and a passenger are separated by a partition, glass, or other barrier; (b)  that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and (c)  to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. 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 Lobbying: is a s defined in Section 36-11-102. See Utah Code 67-24-102 Lobbyist: is a s defined in Section 36-11-102. See Utah Code 67-24-102 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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 Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-26-102 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 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. Permittee: means a person issued a permit under: (a)  Chapter 9, Event Permit Act; or (b)  Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Physical harm: means the impairment of an individual's physical health or bodily integrity, as established by competent evidence. See Utah Code 67-26-102 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. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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 Prescription: means an order issued by a health care practitioner when: (a)  the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes; (b)  the order is made in the course of that health care practitioner's professional practice; and (c)  the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102 Private event: means a specific social, business, or recreational event: (i)  for which an entire room, area, or hall is leased or rented in advance by an identified group; and (ii)  that is limited in attendance to people who are specifically designated and their guests. 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 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; (II)  in accordance with the laws of the state in which it is issued; or (III)  in accordance with federal law by the United States Department of State; (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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Psychological harm: means the impairment of an individual's mental health, as established by competent evidence. See Utah Code 67-26-102 Public building: means a building or permanent structure that is: (i)  owned or leased by: (A)  the state; or (B)  a local government entity; and (ii)  used for: (A)  public education; (B)  transacting public business; or (C)  regularly conducting government activities. 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 Residence: means a person's principal place of abode within Utah. 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :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 beverage per year, as the department calculates by: (a)  if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and (b)  excluding beer, heavy beer, or flavored malt beverage the brewer: (i)  manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii)  does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 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 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 agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-27-102 State executive branch agency: includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general. See Utah Code 67-26-102 State official: means : (a)  a member of the Legislature; (b)  the governor; (c)  the lieutenant governor; (d)  the state auditor; (e)  the state treasurer; and (f)  the attorney general. See Utah Code 67-24-102 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 Sublicense: means : (a)  any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license: (i)  a full-service restaurant license; (ii)  a limited-service restaurant license; (iii)  a bar establishment license; (iv)  an on-premise banquet license; (v)  an on-premise beer retailer license; (vi)  a beer-only restaurant license; or (vii)  a hospitality amenity license; or (b)  a spa sublicense. See Utah Code 32B-1-102 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 Tavern: means an on-premise beer retailer who is: (a)  issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and (b)  designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102 Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 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