Part 1 General Provisions 32B-8-101 – 32B-8-102
Part 2 Resort Licensing Process 32B-8-201 – 32B-8-204
Part 3 Resort Spa Sublicense 32B-8-301 – 32B-8-304
Part 4 Operational Requirements 32B-8-401 – 32B-8-402
Part 5 Enforcement 32B-8-501 – 32B-8-503

Terms Used In Utah Code > Title 32B > Chapter 8

  • Alcohol training and education seminar: means a seminar that is:
    (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
    (b) described in Section 62A-15-401. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Banquet: means an event:
    (a) that is held at one or more designated locations approved by the commission in or on the premises of a:
    (i) hotel;
    (ii) resort facility;
    (iii) sports center; or
    (iv) convention center;
    (b) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (6)(a) and another person; and
    (ii) under which the person operating a facility listed in Subsection (6)(a) is required to provide an alcoholic product at the event; and
    (c) 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 structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
    (a) stored; or
    (b) dispensed. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. 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 Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Boundary of a resort building: means the physical boundary of the land reasonably related to a resort building and any structure or improvement to that land as determined by the commission. See Utah Code 32B-8-102
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
  • Commission: means the Alcoholic Beverage Control 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 32B-6-805
  • 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
  • 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
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
  • 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
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
  • Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 32B-8-304
  • drug paraphernalia: means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body in violation of Title 58, Chapter 37, Utah Controlled Substances Act, and includes, but is not limited to:
    (1) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
    (2) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
    (3) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
    (4) testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
    (5) scales and balances used, or intended for use, in weighing or measuring a controlled substance;
    (6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
    (7) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
    (8) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
    (9) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
    (10) containers and other objects used, or intended for use to store or conceal a controlled substance;
    (11) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and
    (12) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:
    (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
    (b) water pipes;
    (c) carburetion tubes and devices;
    (d) smoking and carburetion masks;
    (e) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
    (f) miniature cocaine spoons and cocaine vials;
    (g) chamber pipes;
    (h) carburetor pipes;
    (i) electric pipes;
    (j) air-driven pipes;
    (k) chillums;
    (l) bongs; and
    (m) ice pipes or chillers. See Utah Code 32B-8-202
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
  • Hazardous waste: means a solid waste or combination of solid wastes other than household waste which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
  • Heavy beer: means a product that:
    (i) contains more than 4% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • Imitation controlled substance: means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:
    (a) a controlled substance; or
    (b) represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii). See Utah Code 32B-8-304
  • Invitee: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Invitee: means an individual who in accordance with Subsection 32B-8-304(11) is authorized to use a resort spa by a host who is:
    (a) a resident; or
    (b) a public customer. See Utah Code 32B-8-102
  • Land: includes :Utah Code 48-2e-1156
  • 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 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
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. 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
  • Local authority: means :
    (a) for premises that are located in an unincorporated area of a county, the governing body of a county; or
    (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township. See Utah Code 32B-1-102
  • Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
  • Manufacture: means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. See Utah Code 32B-8-304
  • 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
  • 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.
  • Mixed waste: means any material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. See Utah Code 19-6-102
  • Modification plan: means a plan under Section 19-6-108 to modify a facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • 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 Chapter 6, Part 6, On-Premise Banquet License. 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 Chapter 6, Part 7, On-Premise Beer Retailer License; 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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
  • 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
  • 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 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Provisions applicable to a sublicense: means :
    (a) for a full-service restaurant sublicense, Chapter 6, Part 2, Full-Service Restaurant License;
    (b) for a limited-service restaurant sublicense, Chapter 6, Part 3, Limited-Service Restaurant License;
    (c) for a bar establishment sublicense, Chapter 6, Part 4, Bar Establishment License;
    (d) for an on-premise banquet sublicense, Chapter 6, Part 6, On-Premise Banquet License;
    (e) for an on-premise beer retailer sublicense, Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (f) for a resort spa sublicense, Part 3, Resort Spa Sublicense. See Utah Code 32B-8-102
  • Public customer: means an individual who holds a customer card in accordance with Subsection 32B-8-304(12). See Utah Code 32B-8-102
  • 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
  • Resident: means an individual who:
    (a) owns a dwelling located within a resort building; or
    (b) rents lodging accommodations for 30 consecutive days or less from:
    (i) an owner of a dwelling described in Subsection (7)(a); or
    (ii) the resort licensee. See Utah Code 32B-8-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Resort: means a location:
    (a) on which is located one resort building; and
    (b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
  • Resort building: means a building:
    (a) that is primarily operated to provide dwellings or lodging accommodations;
    (b) that has at least 150 units that consist of a dwelling or lodging accommodations;
    (c) that consists of at least 400,000 square feet:
    (i) including only the building itself; and
    (ii) not including areas such as above ground surface parking; and
    (d) of which at least 50% of the units described in Subsection (9)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Resort spa: means a spa, as defined by rule by the commission, that is within the boundary of a resort building. See Utah Code 32B-8-102
  • 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
  • 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
  • Room service: means furnishing an alcoholic product to a person in a guest room of a:
    (a) hotel; or
    (b) resort facility. See Utah Code 32B-1-102
  • Solid waste: means any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U. See Utah Code 19-6-102
  • 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 48-2e-1156
  • Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Sublicense: means the same as that term is defined in Section 32B-8-102 or 32B-8b-102. See Utah Code 32B-1-102
  • Sublicense: means :
    (a) a full-service restaurant sublicense;
    (b) a limited-service restaurant sublicense;
    (c) a bar establishment sublicense;
    (d) an on-premise banquet sublicense;
    (e) an on-premise beer retailer sublicense; and
    (f) a resort spa sublicense. See Utah Code 32B-8-102
  • Sublicense premises: means a building, enclosure, or room used pursuant to a sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic product, unless otherwise defined in this title or in the rules made by the commission. See Utah Code 32B-8-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
  • Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
  • Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
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