§ 32B-7-201 State and local licensing — Limitations
§ 32B-7-202 General operational requirements for off-premise beer retailer

Terms Used In Utah Code > Title 32B > Chapter 7 > Part 2 - Off-Premise Beer Retailer Local Authority

  • 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.
  • 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.
  • 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
  • Brewer: means a person engaged in manufacturing:
    (a) beer;
    (b) heavy beer; or
    (c) a flavored malt beverage. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Community location: means :
    (a) a public or private school;
    (b) a church;
    (c) a public library;
    (d) a public playground; or
    (e) a public park. See Utah Code 32B-1-102
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • 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
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. 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
  • 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.
  • 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
  • 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.
  • 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
  • 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.
  • 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.
  • Off-premise beer retailer: means a beer retailer who is:
    (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
    (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
  • Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102
  • 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
  • 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
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • 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
  • 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
  • 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.
  • 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
  • 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.
  • Writing: includes :Utah Code 68-3-12.5