Utah Code > Title 17 > Chapter 27a > Part 8 – District Court Review


§ 17-27a-801	No district court review until administrative remedies exhausted — Time for filing — Tolling of time — Standards governing court review — Record on review — Staying of decision
§ 17-27a-802	Enforcement
§ 17-27a-802 v2	Enforcement
§ 17-27a-803	Penalties — Notice

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Terms Used In Utah Code > Title 17 > Chapter 27a > Part 8 - District Court Review

Account: means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403. See Utah Code 32B-2-402
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
Advisory committee: means the Utah Substance Use and Mental Health Advisory Committee created in Section 26B-5-801. See Utah Code 32B-2-402
Airport lounge: means a business location:
(1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
Alcoholic beverage: means the following:
(3)(a) beer; or
(3)(b) liquor. See Utah Code 32B-1-102
Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
Annual conviction time period: means the time period that:
(1)(d)(i) begins on July 1 and ends on June 30; and
(1)(d)(ii) immediately precedes the fiscal year for which an appropriation under this part is made. See Utah Code 32B-2-402
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
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arena: means an enclosed building:
     (6)(a) that is managed by:
          (6)(a)(i) the same person who owns the enclosed building;
          (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
          (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
     (6)(b) that operates as a venue; and
     (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Banquet: means an event:
     (8)(a) that is a private event or a privately sponsored event;
     (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:
          (8)(b)(i) a hotel;
          (8)(b)(ii) a resort facility;
          (8)(b)(iii) a sports center;
          (8)(b)(iv) a convention center;
          (8)(b)(v) a performing arts facility;
          (8)(b)(vi) an arena; or
          (8)(b)(vii) a restaurant venue;
     (8)(c) for which there is a contract:
          (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
          (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
     (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
Bar establishment license: includes :
          (9)(b)(i) a dining club license;
          (9)(b)(ii) an equity license;
          (9)(b)(iii) a fraternal license; or
          (9)(b)(iv) a bar license. See Utah Code 32B-1-102
Beer: means a product that:
(11)(a)(i) contains:
(11)(a)(i)(A) at least . See Utah Code 32B-1-102
Beer retailer: means a business that:
     (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
     (13)(b) is licensed as:
          (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
          (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
Brewer: means a person engaged in manufacturing:
     (16)(a) beer;
     (16)(b) heavy beer; or
     (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Commissioner: means a member of the commission. See Utah Code 32B-1-102
Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(10)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(10)(b) Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103
Container: means a receptacle that contains an alcoholic product, including:
     (25)(a) a bottle;
     (25)(b) a vessel; or
     (25)(c) a similar item. See Utah Code 32B-1-102
Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Cross examine: Questioning of a witness by the attorney for the other side.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department compliance officer: means an individual who is:
(31)(a) an auditor or inspector; and
(31)(b) employed by the department. See Utah Code 32B-1-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Event permit: means :
(42)(a) a single event permit; or
(42)(b) a temporary beer event permit. See Utah Code 32B-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . See Utah Code 32B-1-102
Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
Furnish: includes to:
          (47)(b)(i) serve;
          (47)(b)(ii) deliver; or
          (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
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
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Hard cider: means the same as that term is defined in Utah Code 32B-1-102
Heavy beer: means a product that:
          (51)(a)(i)
               (51)(a)(i)(A) contains more than 5% alcohol by volume;
               (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
Hotel: includes a commercial lodging establishment that:
(53)(b)(i) meets the requirements under Subsection (53)(a); and
(53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(26)(a) recording a subdivision plat; or
(26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (29)(a) is required for human consumption; and
     (29)(b) an applicant must install:
          (29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (29)(b)(ii) as a condition of:
               (29)(b)(ii)(A) recording a subdivision plat;
               (29)(b)(ii)(B) obtaining a building permit; or
               (29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means :
     (62)(a) a retail license;
     (62)(b) a sublicense;
     (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
     (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
     (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
     (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
     (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
Licensee: means a person who holds a license. See Utah Code 32B-1-102
Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
Liquor: includes :
               (66)(a)(ii)(A) heavy beer;
               (66)(a)(ii)(B) wine; and
               (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
          (75)(a)(i)
               (75)(a)(i)(A) under the control of the United States Department of Defense; or
               (75)(a)(i)(B) of the National Guard;
          (75)(a)(ii) that is located within the state; and
          (75)(a)(iii) including a leased facility. See Utah Code 32B-1-102
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Municipality: means a city or town. See Utah Code 32B-2-402
Off-premise beer retailer: means a beer retailer who is:
(80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. See Utah Code 32B-1-102
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Oversight: Committee review of the activities of a Federal agency or program.
Package agency: means a retail liquor location operated:
     (85)(a) under an agreement with the department; and
     (85)(b) by a person:
          (85)(b)(i) other than the state; and
          (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
Permittee: means a person issued a permit under:
(89)(a) Chapter 9, Event Permit Act; or
(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Person: means 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
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
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.
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
Prevention: is a s defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Integrated Healthcare within the Department of Health and Human Services. See Utah Code 32B-2-402
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Quorum: The number of legislators that must be present to do business.
Reception center: means a business that:
(101)(a) operates facilities that are at least 5,000 square feet; and
(101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
Record: includes :
          (103)(b)(i) a book;
          (103)(b)(ii) a book of account;
          (103)(b)(iii) a paper;
          (103)(b)(iv) a contract;
          (103)(b)(v) an agreement;
          (103)(b)(vi) a document; or
          (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
Restaurant: means a business location:
     (110)(a) at which a variety of foods are prepared;
     (110)(b) at which complete meals are served; and
     (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
Restaurant license: means one of the following licenses issued under this title:
     (111)(a) a full-service restaurant license;
     (111)(b) a limited-service restaurant license; or
     (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
Retail license: means one of the following licenses issued under this title:
     (113)(a) a full-service restaurant license;
     (113)(b) a master full-service restaurant license;
     (113)(c) a limited-service restaurant license;
     (113)(d) a master limited-service restaurant license;
     (113)(e) a bar establishment license;
     (113)(f) an airport lounge license;
     (113)(g) an on-premise banquet license;
     (113)(h) an on-premise beer license;
     (113)(i) a reception center license;
     (113)(j) a beer-only restaurant license;
     (113)(k) a hospitality amenity license;
     (113)(l) a resort license;
     (113)(m) a hotel license; or
     (113)(n) an arena license. See Utah Code 32B-1-102
School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
          (115)(a)(i) elementary school;
          (115)(a)(ii) secondary school; or
          (115)(a)(iii) kindergarten. See Utah Code 32B-1-102
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
     (122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
     (122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
          (122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
          (122)(b)(ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
Spa sublicense: means a sublicense:
(124)(a) to a resort license or hotel license; and
(124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
Staff: includes :
          (128)(b)(i) an officer;
          (128)(b)(ii) a director;
          (128)(b)(iii) an employee;
          (128)(b)(iv) personnel management;
          (128)(b)(v) an agent of the licensee, including a managing agent;
          (128)(b)(vi) an operator; or
          (128)(b)(vii) a representative. See Utah Code 32B-1-102
State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and
(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102
Statute: A law passed by a legislature.
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5