As used in this chapter:

(1) “Aggravating circumstances” means:

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Terms Used In Utah Code 32B-3-102

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Licensee: means a person who holds a license. 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
     (1)(a) prior warnings about compliance problems;
     (1)(b) a prior violation history;
     (1)(c) a lack of written policies governing employee conduct;
     (1)(d) multiple violations during the course of an investigation;
     (1)(e) efforts to conceal a violation;
     (1)(f) an intentional violation;
     (1)(g) the violation involved more than one patron or employee; or
     (1)(h) a violation that results in injury or death.
(2) “Final adjudication” means an adjudication for which a final judgment or order is issued that:

     (2)(a) is not appealed, and the time to appeal the judgment has expired; or
     (2)(b) is appealed, and is affirmed, in whole or in part, on appeal.
(3) “Mitigating circumstances” means:

     (3)(a) no prior violation history for the licensee or permittee;
     (3)(b) no prior violation history for the individual who committed the violation;
     (3)(c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
     (3)(d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.