Utah Code > Title 11 > Chapter 10 – Business Allowing Consumption of Liquor on Premises


§ 11-10-1	Business license required — Authorization for issuance, denial, suspension, or revocation by local authority
§ 11-10-2	Qualifications of licensee
§ 11-10-3	License fee
§ 11-10-4	Ordinances making it unlawful to operate without license

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Terms Used In Utah Code > Title 11 > Chapter 10 - Business Allowing Consumption of Liquor on Premises

Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
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.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
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.
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
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
beer: means :
(1)(a) beer as defined in Section 32B-1-102; or
(1)(b) heavy beer as defined in Section 32B-1-102. See Utah Code 59-15-101
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Captive insurance company: means :
     (21)(a) an insurer:
          (21)(a)(i) owned by a parent organization; and
          (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
               (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and
               (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
     (21)(b) in the case of a group or association, an insurer:
          (21)(b)(i) owned by the insureds; and
          (21)(b)(ii) whose purpose is to insure risks of:
               (21)(b)(ii)(A) a member organization;
               (21)(b)(ii)(B) a group member; or
               (21)(b)(ii)(C) an affiliate of:
                    (21)(b)(ii)(C)(I) a member organization; or
                    (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or
(23)(b) a third party. See Utah Code 31A-1-301
Charitable organization: means an organization described in Section 501(c)(3) and exempt from tax under Section 501(a). See Utah Code 59-18-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402
consultant: means a person who:
     (99)(a) advises another person about insurance needs and coverages;
     (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
     (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
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.
Corporation: means an insurance corporation, except when referring to:
          (34)(a)(i) a corporation doing business:
               (34)(a)(i)(A) as:
                    (34)(a)(i)(A)(I) an insurance producer;
                    (34)(a)(i)(A)(II) a surplus lines producer;
                    (34)(a)(i)(A)(III) a limited line producer;
                    (34)(a)(i)(A)(IV) a consultant;
                    (34)(a)(i)(A)(V) a managing general agent;
                    (34)(a)(i)(A)(VI) a reinsurance intermediary;
                    (34)(a)(i)(A)(VII) a third party administrator; or
                    (34)(a)(i)(A)(VIII) an adjuster; and
               (34)(a)(i)(B) under:
                    (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                    (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                    (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
          (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
Creditor: means a person, including an insured, having a claim, whether:
     (39)(a) matured;
     (39)(b) unmatured;
     (39)(c) liquidated;
     (39)(d) unliquidated;
     (39)(e) secured;
     (39)(f) unsecured;
     (39)(g) absolute;
     (39)(h) fixed; or
     (39)(i) contingent. See Utah Code 31A-1-301
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Insurance Department. See Utah Code 31A-1-301
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Docket: A log containing brief entries of court proceedings.
Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
Donor: The person who makes a gift.
Dual licensed title licensee: means a title licensee who holds:
     (3)(a) an individual title insurance producer license as a title licensee; and
     (3)(b) a license or certificate under:
          (3)(b)(i) Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;
          (3)(b)(ii) Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or
          (3)(b)(iii) Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act. See Utah Code 31A-2-402
Employee: means :
(57)(a) an individual employed by an employer; or
(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Escrow: means :
          (64)(a)(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:
               (64)(a)(i)(A) the explanation, holding, or creation of a document; or
               (64)(a)(i)(B) the receipt, deposit, and disbursement of money; or
          (64)(a)(ii) a settlement or closing involving:
               (64)(a)(ii)(A) a mobile home;
               (64)(a)(ii)(B) a grazing right;
               (64)(a)(ii)(C) a water right; or
               (64)(a)(ii)(D) other personal property authorized by the commissioner. See Utah Code 31A-1-301
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.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Individual: means a natural person. See Utah Code 31A-1-301
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
insurance company: means a person doing an insurance business as a principal including:
          (104)(a)(i) a fraternal benefit society;
          (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
          (104)(a)(iii) a motor club;
          (104)(a)(iv) an employee welfare plan;
          (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
          (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
          (103)(a)(i) a policyholder;
          (103)(a)(ii) a subscriber;
          (103)(a)(iii) a member; and
          (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
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.
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Life insurance: means :
(114)(a)(i) insurance on a human life; and
(114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Ocean marine insurance: means insurance against loss of or damage to:
     (138)(a) ships or hulls of ships;
     (138)(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
     (138)(c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
     (138)(d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
Order: means an order of the commissioner. See Utah Code 31A-1-301
Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
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.
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Plaintiff: The person who files the complaint in a civil lawsuit.
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
Premium: includes , however designated:
          (156)(b)(i) an assessment;
          (156)(b)(ii) a membership fee;
          (156)(b)(iii) a required contribution; or
          (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
Private foundation trust: means a trust (including a trust described in Section 4947(a)(1)) as defined in Section 509(a). See Utah Code 59-18-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
Property: includes both real and personal property. See Utah Code 68-3-12.5
Quorum: The number of legislators that must be present to do business.
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402
Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
          (166)(a)(i) a refund of premium or portion of premium;
          (166)(a)(ii) a refund of commission or portion of commission;
          (166)(a)(iii) a refund of all or a portion of a consultant fee; or
          (166)(a)(iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
Received by the department: means :
     (167)(a) the date delivered to and stamped received by the department, if delivered in person;
     (167)(b) the post mark date, if delivered by mail;
     (167)(c) the delivery service's post mark or pickup date, if delivered by a delivery service;
     (167)(d) the received date recorded on an item delivered, if delivered by:
          (167)(d)(i) facsimile;
          (167)(d)(ii) email; or
          (167)(d)(iii) another electronic method; or
     (167)(e) a date specified in:
          (167)(e)(i) a statute;
          (167)(e)(ii) a rule; or
          (167)(e)(iii) an order. See Utah Code 31A-1-301
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
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.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Service of process: The service of writs or summonses to the appropriate party.
Split interest trust: means a trust for individual and charitable beneficiaries that is subject to the provisions of Section 4947(a)(2). See Utah Code 59-18-102
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
Statute: A law passed by a legislature.
Summons: Another word for subpoena used by the criminal justice system.
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
Title insurance matter: means a matter related to:
     (5)(a) title insurance;
     (5)(b) an escrow conducted by an individual title insurance producer or agency title insurance producer;
     (5)(c) licensing, examination, and continuing education of an applicant to be a title licensee; or
     (5)(d) conduct of a title licensee. See Utah Code 31A-2-402
Title licensee: means a person licensed under this title as:
     (6)(a) an agency title insurance producer with a title insurance line of authority;
     (6)(b) an individual title insurance producer with:
          (6)(b)(i) a general title insurance line of authority; or
          (6)(b)(ii) a specific category of authority for title insurance; or
     (6)(c) a title insurance adjuster. See Utah Code 31A-2-402
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trust: means an express trust created by a trust instrument, including a will. See Utah Code 59-18-102
Trustee: A person or institution holding and administering property in trust.
Trustee: means the trustee, trustees, person, or persons possessing a power or powers referred to in this chapter. See Utah Code 59-18-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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