Part 1 General Provisions 32B-8b-101 – 32B-8b-102
Part 2 Hotel Licensing Process 32B-8b-201 – 32B-8b-204
Part 3 Operational Requirements 32B-8b-301 – 32B-8b-302
Part 4 Enforcement 32B-8b-401 – 32B-8b-402

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

  • Alcoholic product: includes an alcoholic beverage. 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.
  • 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
  • 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
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
  • 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.
  • Controlled substance precursor: includes a chemical reagent and means any of the following:
    (a) Phenyl-2-propanone;
    (b) Methylamine;
    (c) Ethylamine;
    (d) D-lysergic acid;
    (e) Ergotamine and its salts;
    (f) Diethyl malonate;
    (g) Malonic acid;
    (h) Ethyl malonate;
    (i) Barbituric acid;
    (j) Piperidine and its salts;
    (k) N-acetylanthranilic acid and its salts;
    (l) Pyrrolidine;
    (m) Phenylacetic acid and its salts;
    (n) Anthranilic acid and its salts;
    (o) Morpholine;
    (p) Ephedrine;
    (q) Pseudoephedrine;
    (r) Norpseudoephedrine;
    (s) Phenylpropanolamine;
    (t) Benzyl cyanide;
    (u) Ergonovine and its salts;
    (v) 3,4-Methylenedioxyphenyl-2-propanone;
    (w) propionic anhydride;
    (x) Insosafrole;
    (y) Safrole;
    (z) Piperonal;
    (aa) N-Methylephedrine;
    (bb) N-ethylephedrine;
    (cc) N-methylpseudoephedrine;
    (dd) N-ethylpseudoephedrine;
    (ee) Hydriotic acid;
    (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
    (gg) 1,4 butanediol;
    (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
    (ii) Crystal iodine;
    (jj) Iodine at concentrations greater than 1. See Utah Code 32B-8a-201
  • 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 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
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hotel: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Hotel: means one or more buildings that:
    (a) comprise a hotel, as defined by the commission;
    (b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
    (c) primarily operate to provide lodging accommodations;
    (d) provide room service within the boundary of the hotel meeting the requirements of this title;
    (e) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
    (f) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
    (g) have at least 40 guest rooms. See Utah Code 32B-8b-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • Land: includes :Utah Code 48-2e-1156
  • 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
  • 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
  • Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 32B-8a-201
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • 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
  • 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 any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 32B-8a-201
  • 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 beer-only restaurant sublicense, Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-8b-102
  • Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 32B-8a-201
  • Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 32B-8a-201
  • Regulated transaction: means any actual, constructive or attempted:
    (a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
    (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 32B-8a-201
  • 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 distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
    (a) in both number of sales and volume of sales; and
    (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 32B-8a-201
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • 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
  • Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
  • 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
  • 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 beer-only restaurant sublicense. See Utah Code 32B-8b-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-8b-102
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
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