Terms Used In Utah Code > Title 32B > Chapter 7 - Off-Premise Beer Retailer Act

• Account: means the Amusement Ride Safety Restricted Account created in Section 72-16-204. See Utah Code 72-16-102
• Aerial lift: means a ropeway on which passengers are transported in cabins or on chairs. See Utah Code 72-11-102
• Aerial tramway: means a ropeway on which passengers are transported in cable supported carriers and are not in contact with the ground or snow surface and that reciprocates between terminals. See Utah Code 72-11-102
• Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Amusement park: means a permanent indoor or outdoor facility or park where one or more amusement rides are available for use by the general public. See Utah Code 72-16-102
• Amusement ride: means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement. See Utah Code 72-16-102
• 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
• Area: means the geographic area, terrain, and ski slopes served by a passenger ropeway. See Utah Code 72-11-102
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer retailer: means a business that:
       (13)(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
       (13)(b) is licensed as:

            (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or

            (13)(b)(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
• Brewer: means a person engaged in manufacturing:
       (16)(a) beer;
       (16)(b) heavy beer; or
       (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
• Car-pool: means a mode of transportation in which:
       (1)(a) six or fewer persons, including the driver, ride together in a motor vehicle;
       (1)(b) that transportation is incidental to another purpose of the driver; and
       (1)(c) the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
• Committee: means the Utah Amusement Ride Safety Committee created in Section 72-16-201. See Utah Code 72-16-102
• Committee: means the Passenger Ropeway Safety Committee created by Section 72-11-202. See Utah Code 72-11-102
• Community location: means :
       (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
       (23)(b) a church;
       (23)(c) a public library;
       (23)(d) a public playground; or
       (23)(e) a public park. See Utah Code 32B-1-102
• Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
• Container: means a receptacle that contains an alcoholic product, including:
       (25)(a) a bottle;
       (25)(b) a vessel; or
       (25)(c) a similar item. See Utah Code 32B-1-102
• Conveyor: means a device used to transport skiers and snowboarders standing on a flexible moving element or belt. See Utah Code 72-11-102
• Covered foreign entity: means an individual, foreign government, or party:
       (1)(a) on the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce;
       (1)(b) domiciled in the People's Republic of China or the Russian Federation;
       (1)(c) under the influence or control of the government of the People's Republic of China or the Russian Federation; or
       (1)(d) that is a subsidiary or affiliate of an individual, government, or party described in Subsections (1)(a) through (c). See Utah Code 72-10-1201
• Critical infrastructure: means the same as that term is defined in Section Utah Code 72-10-1201
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Detachable grip lift: means a monocable or bicable ropeway system on which carriers circulate around the system alternately attaching to and detaching from a moving haul rope. See Utah Code 72-11-102
• Director: means the director of the committee, hired under Section 72-16-202. See Utah Code 72-16-102
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
• Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
• Funicular: means a ropeway on which carriers are supported and guided by a guideway and that is propelled by means of a haul rope system and that is operated as a single or double reversible system. See Utah Code 72-11-102
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• Hotel: includes a commercial lodging establishment that:
            (53)(b)(i) meets the requirements under Subsection (53)(a); and
            (53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
• Industry: means the passenger ropeway business activities of any person in the state who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102
• Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
       (58)(a) law; or
       (58)(b) court order. See Utah Code 32B-1-102
• License: means :
       (62)(a) a retail license;
       (62)(b) a sublicense;
       (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
       (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
       (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
       (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
       (62)(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 :
                 (66)(a)(ii)(A) heavy beer;
                 (66)(a)(ii)(B) wine; and
                 (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
• Local authority: means :
       (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
       (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
       (70)(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
• 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
• Mobile amusement ride: means an amusement ride that is:
       (6)(a) designed or adapted to be moved from one location to another;
       (6)(b) not fixed at a single location; and
       (6)(c) relocated at least once each calendar year. See Utah Code 72-16-102
• Off-premise beer retailer: means a beer retailer who is:
            (80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
            (80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
• Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. See Utah Code 32B-1-102
• 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
• Opaque: means impenetrable to sight. See Utah Code 32B-1-102
• Operator: means the individual who controls the starting, stopping, or speed of an amusement ride. See Utah Code 72-16-102
• Operator: means a person, including any political subdivision or instrumentality of the political subdivision, who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102
• Owner-operator: means the person who has control over and responsibility for the maintenance, setup, and operation of an amusement ride. See Utah Code 72-16-102
• Package agency: means a retail liquor location operated:
       (85)(a) under an agreement with the department; and
       (85)(b) by a person:

            (85)(b)(i) other than the state; and

            (85)(b)(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:
       (87)(a) a customer;
       (87)(b) a member;
       (87)(c) a guest;
       (87)(d) an attendee of a banquet or event;
       (87)(e) an individual who receives room service;
       (87)(f) a resident of a resort; or
       (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
• Permanent amusement ride: means an amusement ride that is not a mobile amusement ride. See Utah Code 72-16-102
• Political subdivision: means the same as that term is defined in Section 11-55-102. See Utah Code 72-10-1201
• 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
• Private residence passenger ropeway: means a passenger ropeway that:
       (11)(a) is installed at a private residence;
       (11)(b) is not accessible to the general public;
       (11)(c) is not used for commercial purposes; and
       (11)(d)

            (11)(d)(i) is owned by one single owner; and

            (11)(d)(ii) the owner described in Subsection (11)(d)(i) is not:

                 (11)(d)(ii)(A) a unit or homeowner's association; or

                 (11)(d)(ii)(B) a planned unit development or a planned residential unit development organization or entity. See Utah Code 72-11-102
• Public entity: means the state of Utah, a political subdivision, or any department, division, commission, or other governmental entity created by the Utah Constitution or law. See Utah Code 72-10-1201
• Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• Qualified safety inspector: means an individual who holds a valid qualified safety inspector certification. See Utah Code 72-16-102
• Qualified safety inspector certification: means a certification issued by the director under Section 72-16-303. See Utah Code 72-16-102
• Record: includes :
            (103)(b)(i) a book;
            (103)(b)(ii) a book of account;
            (103)(b)(iii) a paper;
            (103)(b)(iv) a contract;
            (103)(b)(v) an agreement;
            (103)(b)(vi) a document; or
            (103)(b)(vii) a recording in any medium. See Utah Code 32B-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.
• Reportable serious injury: means an injury to a rider that:
       (12)(a) occurs when there is a failure or malfunction of an amusement ride; and
       (12)(b) results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture. See Utah Code 72-16-102
• Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
• Ride-sharing arrangement: means either a car-pool, van-pool, or both. See Utah Code 72-12-103
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Rope tow: means a ropeway on which passengers remain in contact with the ground or snow surface and are pulled in one direction only by a towing device attached to a circulating wire rope. See Utah Code 72-11-102
• Safety inspection certification: means a written document that:
       (13)(a) is signed by a qualified safety inspector certifying that:

            (13)(a)(i) the qualified safety inspector performed an in-person inspection of an amusement ride to check compliance with the safety standards described in Section 72-16-304 and established by rule; and

            (13)(a)(ii) at the time the qualified safety inspector performed the in-person inspection, the amusement ride:

                 (13)(a)(ii)(A) was set up for use by the general public; and

                 (13)(a)(ii)(B) satisfied the safety standards described in Section 72-16-304 and established by rule; and
       (13)(b) includes the date on which the qualified safety inspector performed the in-person inspection. See Utah Code 72-16-102
• Serious injury: means an injury to a rider that:
       (14)(a) occurs when there is a failure or malfunction of an amusement ride; and
       (14)(b) requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician. See Utah Code 72-16-102
• Staff: includes :
            (128)(b)(i) an officer;
            (128)(b)(ii) a director;
            (128)(b)(iii) an employee;
            (128)(b)(iv) personnel management;
            (128)(b)(v) an agent of the licensee, including a managing agent;
            (128)(b)(vi) an operator; or
            (128)(b)(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
• Surface lift: means a ropeway on which passengers remain in contact with the ground or snow surface and are pulled by a towing device attached to a circulating overhead wire rope, and includes a J-bar, T-bar, or platter pull. See Utah Code 72-11-102
• Unmanned aircraft: means an aircraft that is:
       (37)(a) capable of sustaining flight; and
       (37)(b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102
• Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:
       (38)(a) the unmanned aircraft, including payload;
       (38)(b) communications equipment;
       (38)(c) navigation equipment;
       (38)(d) controllers;
       (38)(e) support equipment; and
       (38)(f) autopilot functionality. See Utah Code 72-10-102
• Van-pool: means a nonprofit mode of prearranged commuter transportation of a relatively fixed group of seven to 15 persons, including the driver, between home and work, or termini near home and work, in a vehicle the group occupancy of which does not exceed the vehicle manufacturer's design capacity and that:
       (2)(a) is owned or leased and operated by an individual:

            (2)(a)(i) who owns only one van-pool vehicle;

            (2)(a)(ii) whose provision of transportation is incidental to another purpose of the operator;

            (2)(a)(iii) who does not transport people as a business; and

            (2)(a)(iv) who accepts money from riders in the vehicle, if at all, only to recover some or all expenses directly related to the transportation, including fuel, maintenance, insurance, and depreciation;
       (2)(b) is owned or leased by a nonprofit employee organization and used to transport employees between home and work, or termini near home and work to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the operating, administration, and reasonable depreciation costs of which are paid, if at all, by the persons using the vehicles; or
       (2)(c) is owned or leased by an employer, a public agency, or a public transit district, either alone or in cooperation with others to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the driver and passengers of which are employees and fees charged, if at all, for which are nonprofit and only to recover operating, maintenance, administration, and reasonable depreciation costs. See Utah Code 72-12-103