Utah Code > Title 70C > Chapter 5 – Home Solicitation Sales
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Terms Used In Utah Code > Title 70C > Chapter 5 - Home Solicitation Sales
- 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 - Banquet: means an event:
(a) that is a private event or a privately sponsored event; (c) for which there is a contract: (i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and (ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and (d) at which food and alcoholic products may be sold, offered for sale, or furnished. 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 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Furnish: includes to:
(i) serve; (ii) deliver; or (iii) otherwise make available. See Utah Code 32B-1-102 - home solicitation sale: means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. See Utah Code 70C-5-101
- 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) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title; (e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and (f) have at least 40 rooms as temporary sleeping accommodations for compensation. 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
- 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.
- 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
- 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 6, 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; or (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102 - 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
- 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 - Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit 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 68-3-12.5
- 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 - 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 - Banquet: means an event: