Utah Code > Title 11 > Chapter 61 – Expressive Activity Regulation by Local Government Act


§ 11-61-101	Title
§ 11-61-102	Definitions
§ 11-61-103	Exceptions
§ 11-61-104	Time, place, and manner restrictions — Generally applicable restrictions by ordinance
§ 11-61-105	Political activity outside a public building

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Terms Used In Utah Code > Title 11 > Chapter 61 - Expressive Activity Regulation by Local Government Act

Account: means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403. See Utah Code 32B-2-402
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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 committee: means the Utah Substance Use and Mental Health Advisory Committee created in Section 26B-5-801. See Utah Code 32B-2-402
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 beverage: means the following:
(3)(a) beer; or
(3)(b) liquor. See Utah Code 32B-1-102
Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
Annual conviction time period: means the time period that:
(1)(d)(i) begins on July 1 and ends on June 30; and
(1)(d)(ii) immediately precedes the fiscal year for which an appropriation under this part is made. See Utah Code 32B-2-402
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
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
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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
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
Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
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
Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
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 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
Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
Conviction: A judgement of guilt against a criminal defendant.
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.
Cross examine: Questioning of a witness by the attorney for the other side.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department compliance officer: means an individual who is:
(31)(a) an auditor or inspector; and
(31)(b) employed by the department. See Utah Code 32B-1-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Expressive activity: means :
     (1)(a) peacefully assembling, protesting, or speaking;
     (1)(b) distributing literature;
     (1)(c) carrying a sign; or
     (1)(d) signature gathering or circulating a petition. See Utah Code 11-61-102
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.
Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . 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
Furnish: includes to:
          (47)(b)(i) serve;
          (47)(b)(ii) deliver; or
          (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Hard cider: means the same as that term is defined in Utah Code 32B-1-102
Heavy beer: means a product that:
          (51)(a)(i)
               (51)(a)(i)(A) contains more than 5% alcohol by volume;
               (51)(a)(i)(B) contains at least . 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
Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity 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
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
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. 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
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
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
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
Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
          (75)(a)(i)
               (75)(a)(i)(A) under the control of the United States Department of Defense; or
               (75)(a)(i)(B) of the National Guard;
          (75)(a)(ii) that is located within the state; and
          (75)(a)(iii) including a leased facility. 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
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 32B-2-402
Off-premise beer retailer: means a beer retailer who is:
(80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. 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
Oversight: Committee review of the activities of a Federal agency or program.
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
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
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Political subdivision: means a county, city, or town. See Utah Code 11-61-102
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
Prevention: is a s defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Integrated Healthcare within the Department of Health and Human Services. See Utah Code 32B-2-402
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public building: means a building or permanent structure that is:
          (5)(a)(i) owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;
          (5)(a)(ii) open to public access in whole or in part; and
          (5)(a)(iii) used for public education or political subdivision activities. See Utah Code 11-61-102
Public grounds: includes sidewalks, streets, and parks. See Utah Code 11-61-102
Quorum: The number of legislators that must be present to do business.
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
Resort: means the same as that term is defined in Section 32B-8-102. 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
School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
          (115)(a)(i) elementary school;
          (115)(a)(ii) secondary school; or
          (115)(a)(iii) kindergarten. See Utah Code 32B-1-102
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
     (122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
     (122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
          (122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
          (122)(b)(ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
Spa sublicense: means a sublicense:
(124)(a) to a resort license or hotel license; and
(124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. 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
Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
Staff: includes :
          (128)(b)(i) an officer;
          (128)(b)(ii) a director;
          (128)(b)(iii) an employee;
          (128)(b)(iv) personnel management;
          (128)(b)(v) an agent of the licensee, including a managing agent;
          (128)(b)(vi) an operator; or
          (128)(b)(vii) a representative. 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
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
Statute: A law passed by a legislature.
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
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