As used in this chapter:

(1)

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Terms Used In Utah Code 32B-18-101

  • Alcohol license: means :
              (1)(a)(i) a retail license;
              (1)(a)(ii) an off-premise beer retailer state license;
              (1)(a)(iii) a brewery manufacturing license;
              (1)(a)(iv) a distillery manufacturing license;
              (1)(a)(v) a winery manufacturing license;
              (1)(a)(vi) a liquor warehousing license; and
              (1)(a)(vii) a special use permit that is an industrial or manufacturing use permit. See Utah Code 32B-18-101
  • Alcoholic beverage: means the following:
         (3)(a) beer; or
         (3)(b) liquor. 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
  • 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
  • Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. 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
  • 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.
  • Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
  • 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
  • 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
  • Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101
  • 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.
  • 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
  • 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
  • Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
     (1)(a) “Alcohol license” means:

          (1)(a)(i) a retail license;
          (1)(a)(ii) an off-premise beer retailer state license;
          (1)(a)(iii) a brewery manufacturing license;
          (1)(a)(iv) a distillery manufacturing license;
          (1)(a)(v) a winery manufacturing license;
          (1)(a)(vi) a liquor warehousing license; and
          (1)(a)(vii) a special use permit that is an industrial or manufacturing use permit.
     (1)(b) “Alcohol license” does not include a:

          (1)(b)(i) master full-service restaurant license;
          (1)(b)(ii) master limited-service restaurant license; or
          (1)(b)(iii) master off-premise beer retailer state license.
(2) “Business entity” means a corporation, partnership, limited liability company, sole proprietorship, or similar entity.
(3) “Interim alcoholic beverage management agreement” means a management agreement:

     (3)(a) in connection with:

          (3)(a)(i) a change of ownership in the entity holding an alcohol license; or
          (3)(a)(ii) a transfer of the management of an alcohol license to another entity; and
     (3)(b) under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that:

          (3)(b)(i) begins when:

               (3)(b)(i)(A) the change of ownership closes; or
               (3)(b)(i)(B) the new management agreement is executed; and
          (3)(b)(ii) ends on the day after the day on which the commission approves the alcohol license for the new owner.
(4) “Inventory transfer agreement” means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee’s inventory of alcoholic products.
(5) “Management agreement” means an agreement between two people regarding the operation and management of an alcohol license.