Terms Used In Utah Code > Title 32B > Chapter 6 > Part 3 - Limited-Service Restaurant License

• 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
• Afternoon: means the period of a day between noon and midnight. See Utah Code 70A-4-104
• 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.
• Beer: means a product that:

  (i)

  contains: (A)  at least . 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 Clearinghouse: means an association of banks or other payors regularly clearing items. See Utah Code 70A-4-104 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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. 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. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 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 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 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 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 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 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 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. 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. Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 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 Fraud: Intentional deception resulting in injury to another. Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). 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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. 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. Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. See Utah Code 32B-1-102 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 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 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 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. 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. 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 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 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 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Small limited-service restaurant licensee: means a limited-service restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating: (a)  when measured in accordance with Subsection (2)(a)(ii); and (b)  based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-302 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 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 Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Waiting area: includes a lobby. See Utah Code 32B-6-302 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