Terms Used In Utah Code > Title 68 > Chapter 3 - Construction

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Airport lounge: means a business location:
       (1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
       (1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Arena: means an enclosed building:
       (6)(a) that is managed by:

            (6)(a)(i) the same person who owns the enclosed building;

            (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or

            (6)(a)(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;
       (6)(b) that operates as a venue; and
       (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
• Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Banquet: means an event:
       (8)(a) that is a private event or a privately sponsored event;
       (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:

            (8)(b)(i) a hotel;

            (8)(b)(ii) a resort facility;

            (8)(b)(iii) a sports center;

            (8)(b)(iv) a convention center;

            (8)(b)(v) a performing arts facility;

            (8)(b)(vi) an arena; or

            (8)(b)(vii) a restaurant venue;
       (8)(c) for which there is a contract:

            (8)(c)(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

            (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
       (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
• Bar establishment license: includes :
            (9)(b)(i) a dining club license;
            (9)(b)(ii) an equity license;
            (9)(b)(iii) a fraternal license; or
            (9)(b)(iv) a bar license. See Utah Code 32B-1-102
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Billboard: means a public display used to advertise, including:
       (15)(a) a light device;
       (15)(b) a painting;
       (15)(c) a drawing;
       (15)(d) a poster;
       (15)(e) a sign;
       (15)(f) a signboard; or
       (15)(g) a scoreboard. See Utah Code 32B-1-102
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commissioner: means a member of the commission. See Utah Code 32B-1-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. 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
• 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 :
       (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
• Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant 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
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• 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:
       (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
• Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
• 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.
• 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
• Permittee: means a person issued a permit under:
       (89)(a) Chapter 9, Event Permit Act; or
       (89)(b) Chapter 10, Special Use Permit Act. 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 subject to administrative action: means :
       (90)(a) a licensee;
       (90)(b) a permittee;
       (90)(c) a manufacturer;
       (90)(d) a supplier;
       (90)(e) an importer;
       (90)(f) one of the following holding a certificate of approval:

            (90)(f)(i) an out-of-state brewer;

            (90)(f)(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or

            (90)(f)(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
       (90)(g) staff of:

            (90)(g)(i) a person listed in Subsections (90)(a) through (f); or

            (90)(g)(ii) a package agent. See Utah Code 32B-1-102
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Reception center: means a business that:
       (101)(a) operates facilities that are at least 5,000 square feet; and
       (101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
• 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.
• Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
• 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:
       (110)(a) at which a variety of foods are prepared;
       (110)(b) at which complete meals are served; and
       (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
• Restaurant license: means one of the following licenses issued under this title:
       (111)(a) a full-service restaurant license;
       (111)(b) a limited-service restaurant license; or
       (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
• Retail license: means one of the following licenses issued under this title:
       (113)(a) a full-service restaurant license;
       (113)(b) a master full-service restaurant license;
       (113)(c) a limited-service restaurant license;
       (113)(d) a master limited-service restaurant license;
       (113)(e) a bar establishment license;
       (113)(f) an airport lounge license;
       (113)(g) an on-premise banquet license;
       (113)(h) an on-premise beer license;
       (113)(i) a reception center license;
       (113)(j) a beer-only restaurant license;
       (113)(k) a hospitality amenity license;
       (113)(l) a resort license;
       (113)(m) a hotel license; or
       (113)(n) an arena license. See Utah Code 32B-1-102
• 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
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
• State store: means a facility for the sale of packaged liquor:
            (131)(a)(i) located on premises owned or leased by the state; and
            (131)(a)(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
• Sublicense: means :
       (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:

            (133)(a)(i) a full-service restaurant license;

            (133)(a)(ii) a limited-service restaurant license;

            (133)(a)(iii) a bar establishment license;

            (133)(a)(iv) an on-premise banquet license;

            (133)(a)(v) an on-premise beer retailer license;

            (133)(a)(vi) a beer-only restaurant license; or

            (133)(a)(vii) a hospitality amenity license; or
       (133)(b) a spa sublicense. See Utah Code 32B-1-102
• Summons: Another word for subpoena used by the criminal justice system.
• Tavern: means an on-premise beer retailer who is:
       (135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
       (135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Wine: includes :
            (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102