Terms Used In Utah Code > Title 32B > Chapter 12 - Liquor Warehousing License Act

• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Applicable legislative body: means :
       (4)(a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:

            (4)(a)(i) the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or

            (4)(a)(ii) the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and
       (4)(b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:

            (4)(b)(i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or

            (4)(b)(ii) the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101
• Arbitration: means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented. See Utah Code 73-3d-401
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer wholesaling license: means a license:
       (14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
       (14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
• Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 73-3d-401
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Consequential damages: means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including:
       (3)(a) loss of sales or operating revenue;
       (3)(b) damage to equipment; or
       (3)(c) damage to capital facilities or operational assets. See Utah Code 73-3d-401
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Agriculture and Food. See Utah Code 73-3d-401
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Director: means the director of the Division of Water Quality appointed under Section 19-5-106. See Utah Code 73-3c-102
• Electric utility: means :
       (1)(a) a municipal electric utility, as defined in Section 10-19-102;
       (1)(b) an electric interlocal entity, as defined in Section 11-13-103;
       (1)(c) an energy services interlocal entity, as defined in Section 11-13-103;
       (1)(d) a project entity, as defined in Section 11-13-103;
       (1)(e) an electric improvement district, as defined in Section 17B-2a-406; or
       (1)(f) an electrical corporation, as defined in Section 54-2-1. See Utah Code 73-3d-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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}
• Event permit: means :
       (42)(a) a single event permit; or
       (42)(b) a temporary beer event permit. See Utah Code 32B-1-102
• 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.
• Fund: means the Agriculture Resource Development Fund created in Section 4-18-106. See Utah Code 73-3d-401
• Industrial facility: means a factory, mill, plant, mine, refinery, warehouse, or building or collection of buildings, including the land on which the facility is located, and the machinery and equipment located at or within the facility used in connection with the operation of the facility in an industrial business. See Utah Code 73-3c-102
• Interrupted user: means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is:
       (6)(a) the holder or lessee of an approved application to appropriate water that is interrupted;
       (6)(b) the record or equitable holder or lessee of a perfected water right that is interrupted; or
       (6)(c) the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted. See Utah Code 73-3d-401
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(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
• 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
• Liquor warehousing license: means a license that is issued:
       (69)(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
       (69)(b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. 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
• Local food: means the same as that term is defined in Section 4-1-109. See Utah Code 73-3d-101
• Mediation: means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement. See Utah Code 73-3d-401
• Military facility: means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard. See Utah Code 73-3d-101
• Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019:
       (13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
       (13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
• Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101
• Minor: means an individual under 21 years old. See Utah Code 32B-1-102
• Municipality: means a city or town. See Utah Code 17-41-101
• New land: means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit. See Utah Code 17-41-101
• 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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person entitled to make a request: means :
       (4)(a) the holder of an approved but unperfected application to appropriate water;
       (4)(b) the record owner of a perfected water right; or
       (4)(c) a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (4)(a) or (b). See Utah Code 73-3d-101
• Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
• POTW: means a publicly owned treatment works as defined by Section 19-5-102. See Utah Code 73-3c-102
• Preferential user: means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency. See Utah Code 73-3d-401
• 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 68-3-12.5
• project: means a project for the reuse of domestic wastewater that requires approval by the director under Section 19-5-106 and the state engineer under Section 73-3c-302. See Utah Code 73-3c-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means a public agency as defined by Section 11-13-103 that:
       (5)(a) owns or operates a POTW;
       (5)(b) collects and transports domestic wastewater;
       (5)(c) holds legal title to a water right;
       (5)(d) is delegated the right to the beneficial use or reuse of water by the legal title holder of the water right;
       (5)(e) is a water supplier; or
       (5)(f) sells wholesale or retail water. See Utah Code 73-3c-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
• Return flow requirement: means return flow required under a water right. See Utah Code 73-3c-102
• Reuse authorization contract: means a contract or contracts among:
            (7)(a)(i) a public agency proposing a water reuse project;
            (7)(a)(ii) the owner or operator of a POTW that treats domestic wastewater proposed for use in a reuse project;
            (7)(a)(iii) the owner of a domestic wastewater collection or transportation system if the reuse project will divert domestic wastewater directly from that entity's collection or transportation system;
            (7)(a)(iv) the legal title holder of the water right designated for use in the reuse project, unless the legal title holder of the water right has delegated to another the right to the beneficial use or reuse of the water;
            (7)(a)(v) each water supplier not holding legal title to the water right designated for use in the reuse project that sells or delivers water under the water right designated for use in the reuse project;
            (7)(a)(vi) each entity that will engage in the wholesale or retail sale of water from the water reuse project; and
            (7)(a)(vii) the retail water supplier retailing water that will be replaced by reuse water supplied under the proposed reuse project. See Utah Code 73-3c-102
• Reuse water: means domestic wastewater treated to a standard acceptable under rules made by the Water Quality Board under Section 19-5-104. See Utah Code 73-3c-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• 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
• Temporary water shortage emergency: means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201. See Utah Code 73-3d-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unincorporated: means not within a city or town. See Utah Code 17-41-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vested mining use: means a mining use:
       (26)(a) by a mine operator; and
       (26)(b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101
• Water right: means :
       (10)(a) a right to use water evidenced by any means identified in Section 73-1-10; or
       (10)(b) a right to use water under an approved application:

            (10)(b)(i) to appropriate;

            (10)(b)(ii) for a change of use; or

            (10)(b)(iii) for the exchange of water. See Utah Code 73-3c-102
• Water supplier: means an entity engaged in the delivery of water for municipal purposes. See Utah Code 73-3c-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5