Terms Used In Utah Code > Title 32B > Chapter 8d - Sublicense Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:

  (a)	course of dealing;

  (b)	usage of trade; or

  (c)

  course of performance. See Utah Code 70C-1-302 Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. See Utah Code 32B-1-102 Allegation: something that someone says happened. Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC Arena: means an enclosed building: (a)  that is managed by: (i)  the same person who owns the enclosed building; (ii)  a person who has a majority interest in each person who owns or manages a space in the enclosed building; or (iii)  a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the 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 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 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 broker: means a person who in the regular course of business assists a person in obtaining a mortgage loan for a fee or other consideration paid directly or indirectly. See Utah Code 70D-2-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Commissioner: means the commissioner of the department. See Utah Code 70D-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. Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302 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 County legislative body: means :Utah Code 68-3-12.5 Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Creditor: means : (i)  a party: (A)  who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and (B)  to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; (ii)  an issuer of a credit card that extends either open-end credit or credit that: (A)  is not subject to a finance charge; and (B)  is not payable by written agreement in more than four installments; and (iii)  an issuer of a credit card that extends closed-end credit that: (A)  is subject to a finance charge; or (B)  is payable by written agreement in more than four installments. See Utah Code 70C-1-302 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Financial Institutions. See Utah Code 70D-1-102 department: means the Department of Financial Institutions. See Utah Code 70C-8-101 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. Depository institution: is a s defined in Section 7-1-103. See Utah Code 70D-1-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 Disposable earnings: means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. See Utah Code 70C-7-103 Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence: (a)  a condominium unit; (b)  a cooperative unit; (c)  a manufactured home; or (d)  a house. See Utah Code 70D-1-102 Earnings: means compensation paid or payable to an individual or for the individual's account for personal services rendered or to be rendered by the individual whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program. See Utah Code 70C-1-302 Education loan: means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), made by a depository institution that: (i)  is closed end; (ii)  is a qualified education loan as defined in 26 U. See Utah Code 70C-7-103 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. Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC Flavored malt beverage: means a beverage: (i)  that contains at least . 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 Garnishment: means a legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt. See Utah Code 70C-7-103 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 Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-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 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 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 Lender: includes a mortgage lender. See Utah Code 70D-2-102 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 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; (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 Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code that existed before the National Manufactured Housing Construction and Safety Standards Act of 1974. See Utah Code 70D-2-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102 Mortgage lender: means an entity that performs each of the following related to originating a mortgage loan: (a)  taking and processing an application; (b)  providing a required disclosure; (c)  in some circumstances, underwriting the mortgage loan and making the final credit approval decision; (d)  closing the mortgage loan in its name; (e)  funding the mortgage loan; and (f)  selling the mortgage loan to an investor. See Utah Code 70D-2-102 Mortgage loan: means a loan: (i)  secured by a mortgage; and (ii)  made for personal, family, or household purposes. See Utah Code 70D-1-102 Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 70D-2-102 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 Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC 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. Party: means an individual and any other entity legally capable of entering into a binding contract. See Utah Code 70C-1-302 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 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 Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102 Principal license: means : (a)  a resort license; (b)  a hotel license; or (c)  an arena license. 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 Provisions applicable to a sublicense: means : (a)  for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under 2; (b)  for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under 3; (c)  for a bar establishment sublicense, the provisions applicable to a bar establishment license under 4; (d)  for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under 6; (e)  for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under 7; (f)  for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under 9; (g)  for a hospitality amenity license, the provisions applicable to a hospitality amenity license under 10; and (h)  for a spa sublicense, the provisions applicable to the sublicense under 2, Spa Sublicense. See Utah Code 32B-1-102 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 Record: means information that is: (a)  inscribed on a tangible medium; or (b)  stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70D-1-102 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. Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-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 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 hospitality amenity license; (l)  a resort license; (m)  a hotel license; or (n)  an arena license. See Utah Code 32B-1-102 Service of process: The service of writs or summonses to the appropriate party. Servicer: means a person who in the regular course of business assumes responsibility for servicing and accepting payments for a mortgage loan. See Utah Code 70D-2-102 Spa: means a spa: (a)  as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b)  that is within the: (i)  boundary of a resort building; or (ii)  boundary of a hotel. See Utah Code 32B-8d-102 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102 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: means : (a)  a state, territory, or possession of the United States; (b)  the District of Columbia; or (c)  the Commonwealth of Puerto Rico. See Utah Code 70D-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 Sublicense: means : (a)  any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license: (i)  a full-service restaurant license; (ii)  a limited-service restaurant license; (iii)  a bar establishment license; (iv)  an on-premise banquet license; (v)  an on-premise beer retailer license; (vi)  a beer-only restaurant license; or (vii)  a hospitality amenity license; or (b)  a spa sublicense. See Utah Code 32B-1-102 Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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