Utah Code > Title 17 > Chapter 27a > Part 7 – Appeal Authority and Variances


§ 17-27a-701	Appeal authority required — Condition precedent to judicial review — Appeal authority duties
§ 17-27a-702	Variances
§ 17-27a-703	Appealing a land use authority’s decision — Panel of experts for appeals of geologic hazard decisions
§ 17-27a-704	Time to appeal
§ 17-27a-705	Burden of proof
§ 17-27a-706	Due process
§ 17-27a-707	Scope of review of factual matters on appeal — Appeal authority requirements
§ 17-27a-708	Final decision

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Terms Used In Utah Code > Title 17 > Chapter 27a > Part 7 - Appeal Authority and Variances

Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adversely affected party: means a person other than a land use applicant who:
(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
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.
Airport lounge: means a business location:
(1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 5, Airport Lounge License. See Utah Code 32B-1-102
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.
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
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
Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. 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
Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
Banquet: means an event:
     (8)(a) that is a private event or a privately sponsored event;
     (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:
          (8)(b)(i) a hotel;
          (8)(b)(ii) a resort facility;
          (8)(b)(iii) a sports center;
          (8)(b)(iv) a convention center;
          (8)(b)(v) a performing arts facility;
          (8)(b)(vi) an arena; or
          (8)(b)(vii) a restaurant venue;
     (8)(c) for which there is a contract:
          (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
          (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
     (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
Bar establishment license: includes :
          (9)(b)(i) a dining club license;
          (9)(b)(ii) an equity license;
          (9)(b)(iii) a fraternal license; or
          (9)(b)(iv) a bar license. See Utah Code 32B-1-102
Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
Beer: means a product that:
(11)(a)(i) contains:
(11)(a)(i)(A) at least . See Utah Code 32B-1-102
Beer retailer: means a business that:
     (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
     (13)(b) is licensed as:
          (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
          (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
Billboard: means a public display used to advertise, including:
     (15)(a) a light device;
     (15)(b) a painting;
     (15)(c) a drawing;
     (15)(d) a poster;
     (15)(e) a sign;
     (15)(f) a signboard; or
     (15)(g) a scoreboard. See Utah Code 32B-1-102
Brewer: means a person engaged in manufacturing:
     (16)(a) beer;
     (16)(b) heavy beer; or
     (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
Church: means a building:
     (20)(a) set apart for worship;
     (20)(b) in which religious services are held;
     (20)(c) with which clergy is associated; and
     (20)(d) that is tax exempt under the laws of this state. See Utah Code 32B-1-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
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
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community location: means :
     (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
     (23)(b) a church;
     (23)(c) a public library;
     (23)(d) a public playground; or
     (23)(e) a public park. See Utah Code 32B-1-102
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
Convention center: means a facility that is:
(27)(a) in total at least 30,000 square feet; and
(27)(b) otherwise defined as a "convention center" by the commission by rule. 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.
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
Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
Department: means the Insurance Department. See Utah Code 31A-1-301
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department compliance officer: means an individual who is:
(31)(a) an auditor or inspector; and
(31)(b) employed by the department. See Utah Code 32B-1-102
Devise: To gift property by will.
Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
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
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
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
Drug: means a substance that is:
          (1)(a)(i)
               (1)(a)(i)(A) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and
               (1)(a)(i)(B) recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;
          (1)(a)(ii) required by an applicable federal or state law or rule to be dispensed by prescription only;
          (1)(a)(iii) restricted to administration by practitioners only;
          (1)(a)(iv) a substance other than food intended to affect the structure or a function of the human body; or
          (1)(a)(v) intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
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.
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . See Utah Code 32B-1-102
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
Furnish: includes to:
          (47)(b)(i) serve;
          (47)(b)(ii) deliver; or
          (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
(20)(a) the unincorporated land within the county; or
(20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103
Geologic hazard: means :
     (21)(a) a surface fault rupture;
     (21)(b) shallow groundwater;
     (21)(c) liquefaction;
     (21)(d) a landslide;
     (21)(e) a debris flow;
     (21)(f) unstable soil;
     (21)(g) a rock fall; or
     (21)(h) any other geologic condition that presents a risk:
          (21)(h)(i) to life;
          (21)(h)(ii) of substantial loss of real property; or
          (21)(h)(iii) of substantial damage to real property. See Utah Code 17-27a-103
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 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
Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
Hotel: includes a commercial lodging establishment that:
(53)(b)(i) meets the requirements under Subsection (53)(a); and
(53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
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
Identification card: means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act. See Utah Code 32B-1-102
Individual: means a natural person. See Utah Code 31A-1-301
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
Insurer: means the same as that term is defined in Section 31A-22-634. See Utah Code 31A-48-102
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
Investigator: means an individual who is:
(61)(a) a department compliance officer; or
(61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
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
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
Land use authority: means :
(35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
     (36)(a) a land use permit;
     (36)(b) a land use application; or
     (36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
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: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
License: means :
     (62)(a) a retail license;
     (62)(b) a sublicense;
     (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
     (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
     (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
     (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
     (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
Licensee: means a person who holds a license. See Utah Code 32B-1-102
Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
     (65)(a) in which the driver and a passenger are separated by a partition, glass, or other barrier;
     (65)(b) that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
     (65)(c) to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. See Utah Code 32B-1-102
Liquor: includes :
               (66)(a)(ii)(A) heavy beer;
               (66)(a)(ii)(B) wine; and
               (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
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
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
Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
Malt substitute: means :
     (72)(a) rice;
     (72)(b) grain;
     (72)(c) bran;
     (72)(d) glucose;
     (72)(e) sugar; or
     (72)(f) molasses. See Utah Code 32B-1-102
Malted beverage: means :
     (1)(a) beer;
     (1)(b) a flavored malt beverage; and
     (1)(c) heavy beer. See Utah Code 32B-1-602
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
Manufacturer: means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state. See Utah Code 31A-48-102
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
Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Nondepartment enforcement agency: means an agency that:
     (78)(a)
          (78)(a)(i) is a state agency other than the department; or
          (78)(a)(ii) is an agency of a county, city, or town; and
     (78)(b) has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102
Nondepartment enforcement officer: means an individual who is:
(79)(a) a peace officer, examiner, or investigator; and
(79)(b) employed by a nondepartment enforcement agency. See Utah Code 32B-1-102
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
Off-premise retail manager: means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701
Off-premise retail staff: means an individual who sells beer at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701
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
On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
On-premise beer retailer: means a beer retailer who is:
     (83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
     (83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
          (83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
          (83)(b)(ii) on and after March 1, 2012, operating:
               (83)(b)(ii)(A) as a tavern; or
               (83)(b)(ii)(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). 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
Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
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
Performing arts facility: means a multi-use performance space that:
          (88)(a)(i) is primarily used to present various types of performing arts, including dance, music, and theater;
          (88)(a)(ii) contains over 2,500 seats;
          (88)(a)(iii) is owned and operated by a governmental entity; and
          (88)(a)(iv) is located in a city of the first class. 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 17-27a-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Person subject to administrative action: means :
     (90)(a) a licensee;
     (90)(b) a permittee;
     (90)(c) a manufacturer;
     (90)(d) a supplier;
     (90)(e) an importer;
     (90)(f) one of the following holding a certificate of approval:
          (90)(f)(i) an out-of-state brewer;
          (90)(f)(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
          (90)(f)(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
     (90)(g) staff of:
          (90)(g)(i) a person listed in Subsections (90)(a) through (f); or
          (90)(g)(ii) a package agent. See Utah Code 32B-1-102
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}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
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
Privately sponsored event: means a specific social, business, or recreational event:
(96)(a) that is held in or on the premises of an on-premise banquet licensee; and
(96)(b) to which entry is restricted by an admission fee. 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
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.
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 building: means a building or permanent structure that is:
          (99)(a)(i) owned or leased by:
               (99)(a)(i)(A) the state; or
               (99)(a)(i)(B) a local government entity; and
          (99)(a)(ii) used for:
               (99)(a)(ii)(A) public education;
               (99)(a)(ii)(B) transacting public business; or
               (99)(a)(ii)(C) regularly conducting government activities. 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
Quorum: The number of legislators that must be present to do business.
Reception center: means a business that:
(101)(a) operates facilities that are at least 5,000 square feet; and
(101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License. See Utah Code 32B-1-102
Record: includes :
          (103)(b)(i) a book;
          (103)(b)(ii) a book of account;
          (103)(b)(iii) a paper;
          (103)(b)(iv) a contract;
          (103)(b)(v) an agreement;
          (103)(b)(vi) a document; or
          (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
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.
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 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
Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
     (109)(a) over-serving alcoholic beverages to customers;
     (109)(b) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and
     (109)(c) serving alcoholic beverages to minors. 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
Restaurant venue: means a room within a restaurant that:
     (112)(a) is located on the licensed premises of a restaurant licensee;
     (112)(b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
     (112)(c)
          (112)(c)(i) has at least 1,000 square feet that:
               (112)(c)(i)(A) may be reserved for a banquet; and
               (112)(c)(i)(B) accommodates at least 75 individuals; or
          (112)(c)(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
Restricted area: means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted. See Utah Code 32B-1-402
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
Retail manager: means an individual who:
(3)(a) manages operations at a premises that is licensed under Chapter 5, Retail License Act; or
(3)(b) supervises the furnishing of an alcoholic product at a premises that is licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
Retail staff: means an individual who serves an alcoholic product at a premises licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701
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
School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
          (115)(a)(i) elementary school;
          (115)(a)(ii) secondary school; or
          (115)(a)(iii) kindergarten. See Utah Code 32B-1-102
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
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Sexually oriented entertainer: means a person who while in a state of seminudity appears at or performs:
     (119)(a) for the entertainment of one or more patrons;
     (119)(b) on the premises of:
          (119)(b)(i) a bar licensee; or
          (119)(b)(ii) a tavern;
     (119)(c) on behalf of or at the request of the licensee described in Subsection (119)(b);
     (119)(d) on a contractual or voluntary basis; and
     (119)(e) whether or not the person is designated as:
          (119)(e)(i) an employee;
          (119)(e)(ii) an independent contractor;
          (119)(e)(iii) an agent of the licensee; or
          (119)(e)(iv) a different type of classification. See Utah Code 32B-1-102
Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. See Utah Code 32B-1-102
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
Small or unincorporated locality: means :
     (123)(a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
     (123)(b) a town, as classified under Section 10-2-301; or
     (123)(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified under Section 17-50-501. See Utah Code 32B-1-102
Spa sublicense: means a sublicense:
(124)(a) to a resort license or hotel license; and
(124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
Sports center: is a s defined by the commission by rule. 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 of nudity: means :
     (129)(a) the appearance of:
          (129)(a)(i) the nipple or areola of a female human breast;
          (129)(a)(ii) a human genital;
          (129)(a)(iii) a human pubic area; or
          (129)(a)(iv) a human anus; or
     (129)(b) a state of dress that fails to opaquely cover:
          (129)(b)(i) the nipple or areola of a female human breast;
          (129)(b)(ii) a human genital;
          (129)(b)(iii) a human pubic area; or
          (129)(b)(iv) a human anus. See Utah Code 32B-1-102
State of seminudity: means a state of dress in which opaque clothing covers no more than:
     (130)(a) the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and
     (130)(b) the human genitals, pubic area, and anus:
          (130)(b)(i) with no less than the following at its widest point:
               (130)(b)(i)(A) four inches coverage width in the front of the human body; and
               (130)(b)(i)(B) five inches coverage width in the back of the human body; and
          (130)(b)(ii) with coverage that does not taper to less than one inch wide at the narrowest point. See Utah Code 32B-1-102
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
Statement of age: means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement. See Utah Code 32B-1-402
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
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
Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unsaleable liquor merchandise: means a container that:
     (139)(a) is unsaleable because the container is:
          (139)(a)(i) unlabeled;
          (139)(a)(ii) leaky;
          (139)(a)(iii) damaged;
          (139)(a)(iv) difficult to open; or
          (139)(a)(v) partly filled;
     (139)(b)
          (139)(b)(i) has faded labels or defective caps or corks;
          (139)(b)(ii) has contents that are:
               (139)(b)(ii)(A) cloudy;
               (139)(b)(ii)(B) spoiled; or
               (139)(b)(ii)(C) chemically determined to be impure; or
          (139)(b)(iii) contains:
               (139)(b)(iii)(A) sediment; or
               (139)(b)(iii)(B) a foreign substance; or
     (139)(c) is otherwise considered by the department as unfit for sale. See Utah Code 32B-1-102
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
Venue: The geographical location in which a case is tried.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Wholesale acquisition cost: means the same as that term is defined in Utah Code 31A-48-102
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
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