§ 13-1-1 Legislative findings and declarations
§ 13-1-2 Creation and functions of department — Divisions created — Fees — Commerce Service Account
§ 13-1-3 Executive director
§ 13-1-4 Centralization of duties
§ 13-1-5 Executive director’s authority over division directors
§ 13-1-6 Rules and regulations
§ 13-1-7 Budgets
§ 13-1-8 Annual report
§ 13-1-8.5 Procedures — Adjudicative proceedings
§ 13-1-11 Employment of administrative law judges
§ 13-1-15 Exemptions from licensure
§ 13-1-17 Commerce Electronic Payment Fee Restricted Account
§ 13-1-18 License by endorsement
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Terms Used In Utah Code > Title 13 > Chapter 1 - Department of Commerce

  • 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
  • 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.
  • Alcohol training and education seminar: means a seminar that is:
         (5)(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
         (5)(b) described in Section 26B-5-205. 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
  • 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.
  • 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
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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
  • Boundary of a hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Boundary of a hotel: means the physical boundary of one or more contiguous parcels of real property owned or managed by the same person and on which a hotel is located. See Utah Code 32B-6-1002
  • Boundary of a resort building: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Boundary of a resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-6-1002
  • 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
  • Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
  • Car-pool: means a mode of transportation in which:
         (1)(a) six or fewer persons, including the driver, ride together in a motor vehicle;
         (1)(b) that transportation is incidental to another purpose of the driver; and
         (1)(c) the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103
  • 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
  • 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
  • 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.
  • 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
  • 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.
  • Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • 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.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Designated conveyance area: means a route within a hotel or resort:
         (2)(a) that connects one or more of the following:
              (2)(a)(i) the premises of a bar establishment sublicensee;
              (2)(a)(ii) the premises of a hospitality amenity sublicensee;
              (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
              (2)(a)(iv) a guest's room; and
         (2)(b) that does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8-102
  • Designated conveyance area: means a route within a hotel or resort:
         (2)(a) that connects one or more of the following:
              (2)(a)(i) the premises of a bar establishment sublicensee;
              (2)(a)(ii) the premises of a hospitality amenity sublicensee;
              (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
              (2)(a)(iv) a guest's room; and
         (2)(b) does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8b-102
  • Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dispense: means :
              (36)(a)(i) drawing an alcoholic product; and
              (36)(a)(ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
  • Dispensing area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
                   (1)(b)(i)(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;
                   (1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
                   (1)(b)(i)(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902
  • Dispensing structure: means a surface or structure on a licensed premises:
         (37)(a) where an alcoholic product is dispensed; or
         (37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
  • Dwelling: means a portion of a resort building:
         (3)(a) owned by one or more individuals;
         (3)(b) that is used or designated for use as a residence by one or more persons; and
         (3)(c) that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence. See Utah Code 32B-8-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hard cider: means the same as that term is defined in Utah Code 32B-1-102
  • health care facility: means a facility that is licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 32B-10-702
  • Health care practitioner: means :
         (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
         (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
         (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
         (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
         (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
         (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
         (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
         (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
         (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
         (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
         (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
         (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
         (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See 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
  • Hospitality guest: means an individual:
         (1)(a)
              (1)(a)(i) who is a resident of a resort;
              (1)(a)(ii) for whom a resident of a resort provides lodging accommodations for compensation;
              (1)(a)(iii) for whom a hotel provides lodging accommodations for compensation; or
              (1)(a)(iv) for whom a resort provides lodging accommodations for compensation; and
         (1)(b) who is at least 21 years of age. See Utah Code 32B-6-1002
  • hospitality room: means a room or facility:
    (1) that a public service permittee operates; and
    (2) in which an alcoholic product is sold, offered for sale, furnished, or consumed. See Utah Code 32B-10-302
  • 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
  • Hotel: means one or more buildings that:
         (3)(a) comprise a hotel, as defined by the commission;
         (3)(b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
         (3)(c) primarily operate to provide lodging accommodations;
         (3)(d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
         (3)(e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
         (3)(f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
  • Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
  • Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
  • 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
  • International airport: means an airport:
         (59)(a) with a United States Customs and Border Protection office on the premises of the airport; and
         (59)(b) at which international flights may enter and depart. See Utah Code 32B-1-102
  • 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
  • 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.
  • 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
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 warehousing license: means a license that is issued:
         (69)(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
         (69)(b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. 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
  • Lounge or bar area: is a s defined by rule made by the commission. 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
  • manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102
  • 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
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • 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
  • Opaque: means impenetrable to sight. 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
  • 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 an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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
  • Prescription: means an order issued by a health care practitioner when:
         (92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
         (92)(b) the order is made in the course of that health care practitioner's professional practice; and
         (92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
  • Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
  • Principal license: means :
         (94)(a) a resort license;
         (94)(b) a hotel license; or
         (94)(c) an arena license. See Utah Code 32B-1-102
  • Private event: means a specific social, business, or recreational event:
              (95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
              (95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provisions applicable to a sublicense: means :
         (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
         (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
         (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
         (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
         (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
         (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
         (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
         (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • 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
  • Residence: means a person's principal place of abode within Utah. 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
  • Resort: means a location:
         (6)(a) on which is located one resort building; and
         (6)(b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
  • Resort building: means a building:
         (7)(a) that is primarily operated to provide dwellings or lodging accommodations;
         (7)(b) that has at least 150 units that consist of a dwelling or lodging accommodations;
         (7)(c) that consists of at least 400,000 square feet:
              (7)(c)(i) including only the building itself; and
              (7)(c)(ii) not including areas such as above ground surface parking; and
         (7)(d) of which at least 50% of the units described in Subsection (7)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
  • Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102
  • Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. 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
  • Ride-sharing arrangement: means either a car-pool, van-pool, or both. See Utah Code 72-12-103
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • 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
  • Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Single event permit: means an event permit issued in accordance with Part 3, Single Event Permit. See Utah Code 32B-9-102
  • Single event permit: means :
         (3)(a) a 120 hour single event permit; and
         (3)(b) a 72 hour single event permit. See Utah Code 32B-9-302
  • Small beer-only restaurant licensee: means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
              (1)(c)(i) when measured in accordance with Subsection (1)(b)(i)(B); and
              (1)(c)(ii) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-902
  • 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: means a spa:
         (5)(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
         (5)(b) that is within the:
              (5)(b)(i) boundary of a resort building; or
              (5)(b)(ii) boundary of a hotel. See Utah Code 32B-8d-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
  • special use permit: means a special use permit issued under this chapter, including:
    (1) a religious wine use permit;
    (2) an industrial or manufacturing use permit;
    (3) a scientific or educational use permit; and
    (4) a public service permit. See Utah Code 32B-10-102
  • 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
  • Sublicense: means :
         (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
              (133)(a)(i) a full-service restaurant license;
              (133)(a)(ii) a limited-service restaurant license;
              (133)(a)(iii) a bar establishment license;
              (133)(a)(iv) an on-premise banquet license;
              (133)(a)(v) an on-premise beer retailer license;
              (133)(a)(vi) a beer-only restaurant license; or
              (133)(a)(vii) a hospitality amenity license; or
         (133)(b) a spa sublicense. See Utah Code 32B-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Temporary beer event permit: means an event permit issued in accordance with Part 4, Temporary Beer Event Permit. See Utah Code 32B-9-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Van-pool: means a nonprofit mode of prearranged commuter transportation of a relatively fixed group of seven to 15 persons, including the driver, between home and work, or termini near home and work, in a vehicle the group occupancy of which does not exceed the vehicle manufacturer's design capacity and that:
         (2)(a) is owned or leased and operated by an individual:
              (2)(a)(i) who owns only one van-pool vehicle;
              (2)(a)(ii) whose provision of transportation is incidental to another purpose of the operator;
              (2)(a)(iii) who does not transport people as a business; and
              (2)(a)(iv) who accepts money from riders in the vehicle, if at all, only to recover some or all expenses directly related to the transportation, including fuel, maintenance, insurance, and depreciation;
         (2)(b) is owned or leased by a nonprofit employee organization and used to transport employees between home and work, or termini near home and work to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the operating, administration, and reasonable depreciation costs of which are paid, if at all, by the persons using the vehicles; or
         (2)(c) is owned or leased by an employer, a public agency, or a public transit district, either alone or in cooperation with others to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the driver and passengers of which are employees and fees charged, if at all, for which are nonprofit and only to recover operating, maintenance, administration, and reasonable depreciation costs. See Utah Code 72-12-103
  • Venue: The geographical location in which a case is tried.
  • Waiting area: includes a lobby. See Utah Code 32B-6-902
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
  • Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
  • Woman: means an adult human female. 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