Sections
Part 1 General Provisions 11-62-101 – 11-62-102
Part 2 Limitations on Fines 11-62-201

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Terms Used In Utah Code > Title 11 > Chapter 62 - Imposition of Fines by a County, City, or Town

  • Address: includes :
              (1)(b)(i) a post office box number;
              (1)(b)(ii) a rural free delivery route number; and
              (1)(b)(iii) a street name and number. See Utah Code 16-10a-102
  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Utah Code 70A-5-102
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aggravating circumstances: means :
         (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. See Utah Code 32B-3-102
  • 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
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person at whose request or for whose account a letter of credit is issued. See Utah Code 70A-5-102
  • Articles of incorporation: include :
         (4)(a) amended and restated articles of incorporation;
         (4)(b) articles of merger; and
         (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . See Utah Code 32B-1-102
  • 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
  • Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Utah Code 70A-5-102
  • 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
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-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: 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community location: means :
         (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
         (23)(b) a church;
         (23)(c) a public library;
         (23)(d) a public playground; or
         (23)(e) a public park. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Utah Code 70A-5-102
  • Consumer purchasing system: means the consumer purchasing system established in Section 32B-2-802. See Utah Code 32B-2-801
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • 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
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
         (35)(a) against a person subject to administrative action; and
         (35)(b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
              (13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
              (13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-701
  • Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-801
  • Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion:
         (6)(a) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in Subsection 70A-5-108(5); and
         (6)(b) which is capable of being examined for compliance with the terms and conditions of the letter of credit. See Utah Code 70A-5-102
  • Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
  • Entity: includes :
         (19)(a) a domestic and foreign corporation;
         (19)(b) a nonprofit corporation;
         (19)(c) a limited liability company;
         (19)(d) a profit or nonprofit unincorporated association;
         (19)(e) a business trust;
         (19)(f) an estate;
         (19)(g) a partnership;
         (19)(h) a trust;
         (19)(i) two or more persons having a joint or common economic interest;
         (19)(j) a state;
         (19)(k) the United States; and
         (19)(l) a foreign government. See Utah Code 16-10a-102
  • 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.
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Utah Code 70A-5-102
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). 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
  • Individual: means :
         (22)(a) a natural person;
         (22)(b) the estate of an incompetent individual; or
         (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Intestate: Dying without leaving a will.
  • 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
  • Investigator: means an individual who is:
         (61)(a) a department compliance officer; or
         (61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
  • Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Utah Code 70A-5-102
  • 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.
  • 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
  • Letter of credit: means a definite undertaking that satisfies the requirements of Section 70A-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Utah Code 70A-5-102
  • 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
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • 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
  • Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
  • Minor: means an individual under 21 years old. See Utah Code 32B-1-102
  • 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. See Utah Code 32B-3-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Nominated person: means a person whom the issuer:
         (11)(a) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and
         (11)(b) undertakes by agreement or custom and practice to reimburse. See Utah Code 70A-5-102
  • Nondepartment enforcement agency: means an agency that:
         (78)(a)
              (78)(a)(i) is a state agency other than the department; or
              (78)(a)(ii) is an agency of a county, city, or town; and
         (78)(b) has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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
  • Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Utah Code 70A-5-102
  • Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Utah Code 70A-5-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
         (25)(a) an annual report;
         (25)(b) an application for a certificate of authority; or
         (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
  • Proceeding: includes :
         (26)(a) a civil suit;
         (26)(b) arbitration or mediation; and
         (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Proof of age: means :
              (97)(a)(i) an identification card;
              (97)(a)(ii) an identification that:
                   (97)(a)(ii)(A) is substantially similar to an identification card;
                   (97)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
                   (97)(a)(ii)(C) includes date of birth; and
                   (97)(a)(ii)(D) has a picture affixed;
              (97)(a)(iii) a valid driver license certificate that:
                   (97)(a)(iii)(A) includes date of birth;
                   (97)(a)(iii)(B) has a picture affixed; and
                   (97)(a)(iii)(C) is issuedunder Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, orin accordance with federal law by the United States Department of State;
              (97)(a)(iv) a military identification card that:
                   (97)(a)(iv)(A) includes date of birth; and
                   (97)(a)(iv)(B) has a picture affixed; or
              (97)(a)(v) a valid passport. See Utah Code 32B-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
         (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
         (27)(b) the voting of which is controlled, by:
              (27)(b)(i) a director who has a conflicting interest respecting the transaction;
              (27)(b)(ii) a related person of that director; or
              (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
  • Quorum: The number of legislators that must be present to do business.
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
         (28)(a) the corporation at its:
              (28)(a)(i) registered office in this state; or
              (28)(a)(ii) principal office;
         (28)(b) the secretary of the corporation, wherever the secretary is found; or
         (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70A-5-102
  • 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
  • Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
         (114)(a) hotel; or
         (114)(b) resort facility. See Utah Code 32B-1-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
         (32)(a) the preparation and maintenance of:
              (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
              (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
         (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
  • Serve: means to place an alcoholic product before an individual. 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.
  • Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
  • Shareholder: means :
              (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
              (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Utah Code 16-10a-102
  • Subscriber: means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). See Utah Code 32B-2-701
  • Subscription program: means the wine subscription program established in Section 32B-2-702. See Utah Code 32B-2-701
  • Successor of a beneficiary: means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. See Utah Code 70A-5-102
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
  • Wine subscription: means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. See Utah Code 32B-2-701
  • Wine subscription business: means a person that:
         (5)(a) sells or offers for sale a wine subscription; and
         (5)(b) contracts with the department to participate in the subscription program. See Utah Code 32B-2-701
  • 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