§ 13-1a-1 Creation of division — Responsibilities
§ 13-1a-2 Director to supervise division — Appointment
§ 13-1a-3 Employment and compensation of personnel — Compensation of director
§ 13-1a-4 Annual budget
§ 13-1a-5 Authority of director
§ 13-1a-6 Powers of Division of Corporations and Commercial Code — Document retention
§ 13-1a-7 Hearing powers
§ 13-1a-8 Violation of restraining or injunctive order — Civil penalty
§ 13-1a-9 Fees of Division of Corporations and Commercial Code
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Terms Used In Utah Code > Title 13 > Chapter 1a - Division of Corporations and Commercial Code

  • 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.
  • Affected party: means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. See Utah Code 32B-14-102
  • 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.
  • Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
  • Airport licensee: means a person who holds a valid:
         (1)(a) retail license for premises located at an international airport or domestic airport; or
         (1)(b) special use permit for premises located at an international airport or domestic airport. See Utah Code 32B-17-102
  • Alcohol license: means :
              (1)(a)(i) a retail license;
              (1)(a)(ii) an off-premise beer retailer state license;
              (1)(a)(iii) a brewery manufacturing license;
              (1)(a)(iv) a distillery manufacturing license;
              (1)(a)(v) a winery manufacturing license;
              (1)(a)(vi) a liquor warehousing license; and
              (1)(a)(vii) a special use permit that is an industrial or manufacturing use permit. See Utah Code 32B-18-101
  • 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.
  • 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.
  • Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
         (1)(a) a fine; and
         (1)(b) administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102
  • Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
  • 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
  • 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.
  • 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
  • Board: means the Board of Water Resources created in Section Utah Code 73-10c-2
  • Bonds: means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. See Utah Code 73-10d-3
  • 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
  • Business entity: means a corporation, partnership, limited liability company, sole proprietorship, or similar entity. See Utah Code 32B-18-101
  • Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
  • Calendar week: means a period of any seven consecutive calendar days. See Utah Code 34-23-103
  • Cash wage obligation: means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives. See Utah Code 34-40-102
  • Central receiving and distribution center: means a facility that:
         (2)(a) operates at an international airport or domestic airport;
         (2)(b) receives goods and supplies delivered to the international airport or domestic airport for an airport licensee;
         (2)(c) screens the goods and supplies described in Subsection (2)(b) for security purposes; and
         (2)(d) distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered. See Utah Code 32B-17-102
  • 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
  • Commission: means the Labor Commission. See Utah Code 34-23-103
  • Commission: means the Labor Commission. See Utah Code 34-40-102
  • Commission: means :
         (2)(a) compensation:
              (2)(a)(i) that accrues to a sales representative;
              (2)(a)(ii) for payment by a principal; and
              (2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
         (2)(b) any other method of compensation agreed to between a sales representative and a principal including:
              (2)(b)(i) fees for services; and
              (2)(b)(ii) a retainer. See Utah Code 34-44-102
  • Commission: means the Labor Commission. See Utah Code 34-47-102
  • Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • 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.
  • Cost: means , with respect to any privatization project or facility related thereto, without limitation:
         (3)(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way;
         (3)(b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility;
         (3)(c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project;
         (3)(d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs;
         (3)(e) all costs incident to the establishment and funding of appropriate reserve funds; and
         (3)(f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3
  • Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2
  • Council: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
  • County legislative body: means :
         (8)(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;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Credit enhancement agreement: means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations. See Utah Code 73-10c-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death of a third person: includes recovery for all damages, special and general, resulting from the death, except punitive damages. See Utah Code 32B-15-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dependent: A person dependent for support upon another.
  • Direct sales company: means a person that:
              (3)(a)(i) sells, distributes, or supplies for consideration a good or service through participants:
                   (3)(a)(i)(A) at different levels of distribution; or
                   (3)(a)(i)(B) in accordance with a formula for compensating participants in whole or in part based on:
                        (3)(a)(i)(B)(I) the sale of a good or service; and
                        (3)(a)(i)(B)(II) the recruitment of or the performance or action of another participant; and
              (3)(a)(ii)
                   (3)(a)(ii)(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or
                   (3)(a)(ii)(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:
                        (3)(a)(ii)(B)(I) the sale of a good or service; or
                        (3)(a)(ii)(B)(II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102
  • 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
  • Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
  • Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102
  • Division: means the Division of Water Resources. See Utah Code 73-10f-1
  • Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-23-103
  • Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-40-102
  • Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
  • Domestic airport: means an airport that:
         (40)(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
         (40)(b) receives scheduled commercial passenger aircraft service; and
         (40)(c) is not an international airport. See Utah Code 32B-1-102
  • Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2
  • Drinking water or wastewater project obligation: means , as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project. See Utah Code 73-10c-2
  • Drinking water project: includes :
              (6)(b)(i) collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system;
              (6)(b)(ii) collection pretreatment or storage facilities used primarily in connection with the system but not under operator's control; and
              (6)(b)(iii) studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks. See Utah Code 73-10c-2
  • Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
  • Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • 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.
  • Facility: means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. See Utah Code 73-10d-3
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal executive agency: means an executive agency, as defined in Utah Code 34-40-102
  • Fiduciary: A trustee, executor, or administrator.
  • Financial assistance programs: means the various programs administered by the state whereby loans, grants, and other forms of financial assistance are made available to political subdivisions of this state to finance the costs of water and wastewater projects. See Utah Code 73-10c-2
  • 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.
  • Franchise: means the same as that term is defined in Utah Code 34-40-102
  • Franchisee: means the same as that term is defined in Utah Code 34-40-102
  • Franchisor: means the same as that term is defined in Utah Code 34-40-102
  • 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
  • Good cause: means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Part 2, Termination. See Utah Code 32B-14-102
  • Good faith: is a s defined in Subsection 70A-1a-201(2)(t). See Utah Code 32B-14-102
  • Governing authority: means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. See Utah Code 73-10d-3
  • Governing body: means the body in which the general legislative powers of a municipality or county are vested. See Utah Code 73-10d-3
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Hardship Grant Assessment: means the charge the Water Quality Board or Drinking Water Board assesses to recipients of loans made from the subaccount created in Subsection 73-10c-5(2)(b) or 73-10c-5(3)(b) in lieu of or in addition to interest charged on these loans. See Utah Code 73-10c-2
  • Hazardous agricultural occupation: means any occupation defined as hazardous by the United States Department of Labor under Utah Code 34-23-103
  • Hazardous occupation: is a ny occupation defined as hazardous by the United States Department of Labor under Utah Code 34-23-103
  • Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Injury: includes injury in person, property, or means of support. See Utah Code 32B-15-102
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interim alcoholic beverage management agreement: means a management agreement:
         (3)(a) in connection with:
              (3)(a)(i) a change of ownership in the entity holding an alcohol license; or
              (3)(a)(ii) a transfer of the management of an alcohol license to another entity; and
         (3)(b) under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that:
              (3)(b)(i) begins when:
                   (3)(b)(i)(A) the change of ownership closes; or
                   (3)(b)(i)(B) the new management agreement is executed; and
              (3)(b)(ii) ends on the day after the day on which the commission approves the alcohol license for the new owner. See Utah Code 32B-18-101
  • 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
  • Inventory transfer agreement: means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee's inventory of alcoholic products. See Utah Code 32B-18-101
  • 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.
  • Labor Day: means the legal holiday called Labor Day established in Section 63G-1-301. See Utah Code 34-23-103
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. 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
  • Long-term agreement: means an agreement or contract having a term of more than five years and less than 50 years. See Utah Code 73-10d-3
  • Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101
  • 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
  • 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
  • Minimum wage: means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise. See Utah Code 34-40-102
  • Minor: means an individual under 21 years old. See Utah Code 32B-1-102
  • Minor: means an individual under 18 years old. See Utah Code 34-23-103
  • Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 73-10d-3
  • 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
  • Nonpoint source project: means a facility, system, practice, study, activity, or mechanism that abates, prevents, or reduces the pollution of waters of this state by a nonpoint source. See Utah Code 73-10c-2
  • 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
  • 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
  • participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
  • 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
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means a county, city, town, improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of this state. See Utah Code 73-10c-2
  • Political subdivision: means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. See Utah Code 73-10d-3
  • 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
  • Principal: means a person who:
         (4)(a) engages in any of the following activities with regard to a product or service:
              (4)(a)(i) manufactures;
              (4)(a)(ii) produces;
              (4)(a)(iii) imports;
              (4)(a)(iv) sells; or
              (4)(a)(v) distributes;
         (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
         (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
  • Privatization project: means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. See Utah Code 73-10d-3
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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: means information that is:
         (6)(a) inscribed on a tangible medium; or
         (6)(b)
              (6)(b)(i) received or stored in an electronic or other medium; and
              (6)(b)(ii) retrievable in perceivable form. See Utah Code 34-46-102
  • 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.
  • 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
  • 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
  • Retailer: means a beer retailer. See Utah Code 32B-14-102
  • sales representative: means a person who enters into a business relationship with a principal:
              (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
              (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
  • Sales territory: means the geographic area of distribution and sale responsibility designated by a distributorship agreement. See Utah Code 32B-14-102
  • School day: means any calendar day in which students are required to attend school, including a partial day, in a minor's school district. See Utah Code 34-23-103
  • School week: means any calendar week in which students are required to attend school, including a partial day, in a minor's school district. See Utah Code 34-23-103
  • Security fund: means the Water Development Security Fund created in Section 73-10c-5. See Utah Code 73-10c-2
  • 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.
  • 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
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See 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.
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising agency: means the Water Development Coordinating Council created in Section 73-10c-3. See Utah Code 73-10d-3
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Task force: means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158. See Utah Code 73-10f-1
  • Terminating party: means a supplier or wholesaler who:
         (8)(a) is a party to a distributorship agreement; and
         (8)(b) seeks to terminate or not renew the distributorship agreement. See Utah Code 32B-14-102
  • termination: means the end of a business relationship between a sales representative and a principal, whether by:
         (6)(a) agreement;
         (6)(b) expiration of a time period; or
         (6)(c) exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102
  • Testify: Answer questions in court.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Tipped employee: means an employee who customarily and regularly receives tips or gratuities. See Utah Code 34-40-102
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Violation related to a minor: means a violation under this title:
         (2)(a) that is, in whole or in part, based on a retail licensee, or staff of the retail licensee:
              (2)(a)(i) selling, offering for sale, or furnishing an alcoholic product to a minor;
              (2)(a)(ii) purchasing or otherwise obtaining an alcoholic product for a minor;
              (2)(a)(iii) permitting a minor to consume an alcoholic product;
              (2)(a)(iv) permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or
              (2)(a)(v) offering or providing employment to a minor that under this title may not be obtained by a minor; and
         (2)(b) if as part of the violation the minor uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act. See Utah Code 32B-16-102
  • Wastewater project: means :
         (12)(a) a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and
         (12)(b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. See Utah Code 73-10c-2
  • Wastewater project: means any sewer, sewage system, sewage treatment facility, lagoon, sewage collection facility and system and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state, and related structures and facilities. See Utah Code 73-10d-3
  • Water Quality Board: means the Water Quality Board appointed according to Section 19-5-103. See Utah Code 73-10c-2
  • Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water whether surface, underground, natural, artificial, public, private, or other water resource of the state which is contained within or flows in or through the state. See Utah Code 73-10c-2
  • Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state. See Utah Code 73-10d-3
  • Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See 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