Terms Used In Utah Code > Title 73 > Chapter 1 - General Provisions

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Airport licensee: means a person who holds a valid:

  (a)	retail license for premises located at an international airport or domestic airport; or

  (b)

  special use permit for premises located at an international airport or domestic airport. See Utah Code 32B-17-102 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor: (a)  a fine; and (b)  administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Beer: means a product that: (i)  contains: (A)  at least . 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 Central receiving and distribution center: means a facility that: (a)  operates at an international airport or domestic airport; (b)  receives goods and supplies delivered to the international airport or domestic airport for an airport licensee; (c)  screens the goods and supplies described in Subsection (2)(b) for security purposes; and (d)  distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered. See Utah Code 32B-17-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Death of a third person: includes recovery for all damages, special and general, resulting from the death, except punitive damages. See Utah Code 32B-15-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Disciplinary proceeding: means an adjudicative proceeding permitted under this title: (a)  against a person subject to administrative action; and (b)  that is brought on the basis of a violation of this title. See Utah Code 32B-1-102 Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102 Domestic airport: means an airport that: (a)  has at least 15,000 commercial airline passenger boardings in any five-year period; (b)  receives scheduled commercial passenger aircraft service; and (c)  is not an international airport. See Utah Code 32B-1-102 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 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Good cause: means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with 2. See Utah Code 32B-14-102 Grantor: The person who establishes a trust and places property into it. Highway: includes :Utah Code 68-3-12.5 Injury: includes injury in person, property, or means of support. See Utah Code 32B-15-102 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 International airport: means an airport: (a)  with a United States Customs and Border Protection office on the premises of the airport; and (b)  at which international flights may enter and depart. See Utah Code 32B-1-102 intoxication: means that      an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of: (a)  an alcoholic product; (b)  a controlled substance; (c)  a substance having the property of releasing toxic vapors; or (d)  a combination of products or substances described in Subsections (60)(a) through (c). 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 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102 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 21 years old. See Utah Code 32B-1-102 Mortgagee: The person to whom property is mortgaged and who has loaned the money. 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 Plaintiff: The person who files the complaint in a civil lawsuit. 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 Proof of age: means : (i)  an identification card; (ii)  an identification that: (A)  is substantially similar to an identification card; (B)  is issued in accordance with the laws of a state other than Utah in which the identification is issued; (C)  includes date of birth; and (D)  has a picture affixed; (iii)  a valid driver license certificate that: (A)  includes date of birth; (B)  has a picture affixed; and (C)  is issued: (I)  under Title 53, Chapter 3, Uniform Driver License Act; (II)  in accordance with the laws of the state in which it is issued; or (III)  in accordance with federal law by the United States Department of State; (iv)  a military identification card that: (A)  includes date of birth; and (B)  has a picture affixed; or (v)  a valid passport. 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. Road: includes :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 State store: means a facility for the sale of packaged liquor: (i)  located on premises owned or leased by the state; and (ii)  operated by a state employee. See Utah Code 32B-1-102 Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Summons: Another word for subpoena used by the criminal justice system. Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Violation related to a minor: means a violation under this title: (a)  that is, in whole or in part, based on a retail licensee, or staff of the retail licensee: (i)  selling, offering for sale, or furnishing an alcoholic product to a minor; (ii)  purchasing or otherwise obtaining an alcoholic product for a minor; (iii)  permitting a minor to consume an alcoholic product; (iv)  permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or (v)  offering or providing employment to a minor that under this title may not be obtained by a minor; and (b)  if as part of the violation the minor uses proof of age in violation of 4. See Utah Code 32B-16-102