Utah Code > Title 32B > Chapter 6 – Specific Retail License Act
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Terms Used In Utah Code > Title 32B > Chapter 6 - Specific Retail License Act
- Account: means any deposit or credit account with a bank including a demand, time, savings, passbook, share draft, or similar account, other than the account evidenced by a certificate of deposit. See Utah Code 70A-4-104
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adverse claim: means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. See Utah Code 70A-8-101
- Adversely affected party: means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103 - Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Utah Code 70A-5-102
- Afternoon: means the period of a day between noon and midnight. See Utah Code 70A-4-104
- 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 - Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and 5. See Utah Code 32B-1-102
- Alcohol training and education seminar: means a seminar that is:
(a) required by 7; and (b) described in Section 26B-5-205. 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
- Applicant: means a person at whose request or for whose account a letter of credit is issued. See Utah Code 70A-5-102
- Arena: means an 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 - Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistive technology: includes :
(i) manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; (ii) hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; and (iii) voice-synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance an individual's ability to access print or communicate. See Utah Code 70A-2-802 - Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Utah Code 70A-7a-102
- Banking day: means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions other than a Saturday, a Sunday, or a legal holiday. See Utah Code 70A-4-104
- 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; (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 - Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and 4. 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-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 9. 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
- Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Utah Code 70A-5-102
- Boundary of a hotel: means the physical boundary of one or more contiguous parcels of real property owned or managed by the same person and on which a hotel is located. See Utah Code 32B-6-1002
- Boundary of a resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-6-1002
- Brewer: means a person engaged in manufacturing:
(a) beer; (b) heavy beer; or (c) a flavored malt beverage. See Utah Code 32B-1-102 - Broker: means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. See Utah Code 70A-8-101
- Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
- Carrier: means a person that issues a bill of lading. See Utah Code 70A-7a-102
- Certificated security: means a security that is represented by a certificate. See Utah Code 70A-8-101
- Clearing corporation: means :
(i) a person that is registered as a "clearing agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. See Utah Code 70A-8-101 - Clearinghouse: means an association of banks or other payors regularly clearing items. See Utah Code 70A-4-104
- Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining alternative assistive technology. See Utah Code 70A-2-802
- Commercial unit: means a unit of goods which by commercial usage is a single whole for purposes of lease, and the division of which materially impairs its character or value on the market or in use. See Utah Code 70A-2a-103
- Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Commission-approved activity: means a leisure activity that:
(a) the commission approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) does not involve the use of a dangerous weapon. See Utah Code 32B-6-702 - Communicate: means to:
(i) send a signed writing; or (ii) transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. See Utah Code 70A-8-101 - Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Utah Code 70A-5-102
- Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Utah Code 70A-7a-102
- Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Utah Code 70A-7a-102
- Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
(a) purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale; (b) obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties; (c) possesses the right to enforce the warranty; or (d) leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802 - Consumer lease: means a lease that a lessor, regularly engaged in the business of leasing or selling, makes to a lessee, who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See Utah Code 70A-2a-103
- 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 - Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Utah Code 70A-2-106
- Convention center: means a facility that is:
(a) in total at least 30,000 square feet; and (b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102 - 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.
- Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
- Customer: means a person having an account with a bank or for whom a bank has agreed to collect items including a bank that maintains an account at another bank. See Utah Code 70A-4-104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person who is in the business of selling assistive technology. See Utah Code 70A-2-802
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Utah Code 70A-7a-102
- Demonstrator: means assistive technology used primarily for the purpose of demonstration to the public. See Utah Code 70A-2-802
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Dependent: A person dependent for support upon another.
- Dining area: means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-202
- Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302
- Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
- Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
- Disbursements: means the amount of money consumers may receive as part of a damage award based upon the pro rata share of investment by the consumers. See Utah Code 70A-2-802
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- dispense: means :
(i) drawing an alcoholic product; and (ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102 - Dispensing area: means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product; (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or (iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures: (A) at least 42 inches high; and (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-202 - Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product; (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or (iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures: (A) at least 42 inches high; and (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-302 - Dispensing area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer; (B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or (C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902 - Dispensing structure: means a surface or structure on a licensed premises:
(a) where an alcoholic product is dispensed; or (b) from which an alcoholic product is served. See Utah Code 32B-1-102 - Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion:
(a) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in Subsection 70A-5-108(5); and (b) which is capable of being examined for compliance with the terms and conditions of the letter of credit. See Utah Code 70A-5-102 - Documentary draft: means a draft to be presented for acceptance or payment if specified documents, certificated securities as provided in Section 70A-8-101, instructions for uncertificated securities as provided in Section 70A-8-101, other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft. See Utah Code 70A-4-104
- Domestic airport: means an airport that:
(a) has at least 15,000 commercial airline passenger boardings in any five-year period; (b) receives scheduled commercial passenger aircraft service; and (c) is not an international airport. See Utah Code 32B-1-102 - Draft: means a draft as defined in Section 70A-3-104 or an item, other than an instrument, that is an order. See Utah Code 70A-4-104
- Drawee: means a person ordered in a draft to make payment. See Utah Code 70A-4-104
- Early termination cost: means any expense or obligation that a lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of the assistive technology to the manufacturer. See Utah Code 70A-2-802
- Early termination savings: means any expense or obligation that a lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of assistive technology to a manufacturer which shall include an interest charge that the lessor would have paid to finance the assistive technology or, if the lessor does not finance the assistive technology, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. See Utah Code 70A-2-802
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entitlement holder: means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. See Utah Code 70A-8-101
- Entitlement order: means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. See Utah Code 70A-8-101
- 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
- Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as an equity license. 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.
- Fault: means wrongful act, omission, breach, or default. See Utah Code 70A-2a-103
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Finance lease: means a lease in which:
(i) the lessor does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and (iii) one of the following occurs: (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract; (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract; (C) the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations, or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or (D) if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing: (I) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; (II) that the lessee is entitled under this chapter to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and (III) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Utah Code 70A-2a-103 - Financial asset: except as otherwise provided in Section 70A-8-102, means:
(A) a security; (B) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or (C) any property that is held by a securities intermediary for another person in a securities account if that securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this chapter. See Utah Code 70A-8-101 - 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
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and 4, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
- 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 2. See Utah Code 32B-1-102
- Furnish: includes to:
(i) serve; (ii) deliver; or (iii) otherwise make available. See Utah Code 32B-1-102 - Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
(a) the unincorporated land within the county; or (b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103 - Geologic hazard: means :
(a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. See Utah Code 17-27a-103 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Utah Code 70A-7a-102
- Good faith: means honesty in fact in the conduct or transaction concerned. See Utah Code 70A-5-102
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures. See Utah Code 70A-2a-103
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Utah Code 70A-7a-102
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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
- 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) (A) contains more than 5% alcohol by volume; (B) contains at least . See Utah Code 32B-1-102 - Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. See Utah Code 32B-1-102
- Hospitality guest: means an individual:
(a) (i) who is a resident of a resort; (ii) for whom a resident of a resort provides lodging accommodations for compensation; (iii) for whom a hotel provides lodging accommodations for compensation; or (iv) for whom a resort provides lodging accommodations for compensation; and (b) who is at least 21 years of age. See Utah Code 32B-6-1002 - 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 - Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002
- 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
- Indorsement: means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. See Utah Code 70A-8-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause stating "each delivery is a separate lease" or its equivalent. See Utah Code 70A-2a-103
- Instruction: means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. See Utah Code 70A-8-101
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- International airport: means an airport:
(a) with a United States Customs and Border Protection office on the premises of the airport; and (b) at which international flights may enter and depart. 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 - Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Utah Code 70A-7a-102
- Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Utah Code 70A-5-102
- Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Utah Code 70A-4-104
- 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 company: means a mutual benefit corporation, as defined in Section 16-6a-102, that bases the use of the corporation's land on issued share ownership. See Utah Code 70A-8-101
- Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
- 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 - Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(a) a land use permit; (b) a land use application; or (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103 - Lease: means a transfer of the right to possession and use of goods for a term, in return for consideration. See Utah Code 70A-2a-103
- 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
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Utah Code 70A-2a-103
- Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Utah Code 70A-2a-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
- Lessee: means a person who leases assistive technology as a consumer under a written lease. See Utah Code 70A-2-802
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Utah Code 70A-2a-103
- Lessor: means a person who leases assistive technology to consumers or who holds the lessor's rights under a written lease. See Utah Code 70A-2-802
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Utah Code 70A-2a-103
- Letter of credit: means a definite undertaking that satisfies the requirements of Section 70A-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Utah Code 70A-5-102
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Utah Code 70A-2a-103
- Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. See Utah Code 32B-1-102
- Lineal descendant: Direct descendant of the same ancestors.
- Liquor: includes :
(A) heavy beer; (B) wine; and (C) a flavored malt beverage. See Utah Code 32B-1-102 - Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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-1-102 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 - 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
- Lot: means a parcel or single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Utah Code 70A-2a-103
- Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
- Manufacturer: means a person who manufactures or assembles assistive technology including agents of that person, an importer, a distributor, a factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology, but does not include a dealer or lessor of assistive technology. See Utah Code 70A-2-802
- 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
- Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Utah Code 70A-2a-103
- 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 21 years old. See Utah Code 32B-1-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Nominated person: means a person whom the issuer:
(a) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and (b) undertakes by agreement or custom and practice to reimburse. See Utah Code 70A-5-102 - Nonconformity: means any defect, condition, or malfunction which substantially impairs the use, value, or safety of assistive technology, but does not include a condition, defect, or malfunction that is the result of abuse, neglect, or unauthorized modification or alternation of the assistive technology by the consumer. See Utah Code 70A-2-802
- 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
- On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and 6. See Utah Code 32B-1-102
- On-premise beer retailer: means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and 7; and (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises: (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and (ii) on and after March 1, 2012, operating: (A) as a tavern; or (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). 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 - 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 - Performing arts facility: means a multi-use performance space that:
(i) is primarily used to present various types of performing arts, including dance, music, and theater; (ii) contains over 2,500 seats; (iii) is owned and operated by a governmental entity; and (iv) is located in a city of the first class. 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
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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
- Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Utah Code 70A-2a-103
- Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Utah Code 70A-5-102
- Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Utah Code 70A-5-102
- Primary spirituous liquor: means the main distilled spirit in a beverage. 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 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Utah Code 70A-2a-103
- Quorum: The number of legislators that must be present to do business.
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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 - Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and 8. 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 - Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70A-7a-102
- Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70A-5-102
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Recreational amenity: means :
(i) a billiard parlor; (ii) a pool parlor; (iii) a bowling facility; (iv) a golf course; (v) miniature golf; (vi) a golf driving range; (vii) a tennis club; (viii) a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 6,500; (ix) a concert venue that has a seating capacity equal to or greater than 6,500; (x) one of the following if owned by a government agency: (A) a convention center; (B) a fair facility; (C) an equestrian park; (D) a theater; or (E) a concert venue; (xi) an amusement park: (A) with one or more permanent amusement rides; and (B) located on at least 50 acres; (xii) a ski resort; (xiii) a venue for live entertainment if the venue: (A) is not regularly open for more than five hours on any day; (B) is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and (C) is operated so that no more than 15% of its total annual receipts are from the sale of beer; (xiv) concessions operated within the boundary of a park administered by the: (A) Division of State Parks; or (B) National Parks Service; (xv) a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020; (xvi) a venue for karaoke; or (xvii) an enterprise developed around a commission-approved activity. See Utah Code 32B-6-702 - 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
- Resort facility: is a s defined by the commission by rule. 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 - Restaurant venue: means a room within a restaurant that:
(a) is located on the licensed premises of a restaurant licensee; (b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and (c) (i) has at least 1,000 square feet that: