Terms Used In Utah Code > Title 17 > Chapter 41 > Part 2 - Advisory Boards

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advisory board: means :
       (1)(a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;
       (1)(b) for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and
       (1)(c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101
• Agriculture production: includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator. See Utah Code 17-41-101
• Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• 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
• 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:
            (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
• Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 17-41-101
• 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
• 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
• 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
• County legislative body: means :
       (8)(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;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
• Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
• Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. 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}
• 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.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(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 executive branch of government. See Utah Code 17-50-101
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• 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
• 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:

       (60)(a) an alcoholic product;
       (60)(b) a controlled substance;
       (60)(c) a substance having the property of releasing toxic vapors; or
       (60)(d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102
• 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
• Licensee: means a person who holds a license. 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
• Minor: means an individual under 21 years old. 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
• 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
• Planning commission: means :
       (21)(a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;
       (21)(b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or
       (21)(c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101
• 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
• 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
• 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.
• Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. 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
• Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
• Venue: The geographical location in which a case is tried.