Utah Code > Title 17 > Chapter 30a – Peace Officer Merit System in Counties of the First Class Act

		Sections
Part 1	General Provisions	17-30a-101 – 17-30a-104
Part 2	Merit System Commission Powers and Duties	17-30a-201 – 17-30a-207
Part 3	Merit Officer Conditions of Employment	17-30a-301 – 17-30a-314
Part 4	Disciplinary Actions and Appeals	17-30a-401 – 17-30a-404
Part 5	Miscellaneous Provisions	17-30a-501 – 17-30a-502

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Terms Used In Utah Code > Title 17 > Chapter 30a - Peace Officer Merit System in Counties of the First Class Act

Accredited: means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. See Utah Code 71A-4-101
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: means a state veterans nursing home administrator selected in accordance with Section 71A-6-103. See Utah Code 71A-6-101
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.
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
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 same as that term is defined in Section Utah Code 71A-1-101
Assistance: means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. See Utah Code 71A-4-101
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-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
Board: means any state veterans nursing home advisory board. See Utah Code 71A-6-101
Boundary of a hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
Boundary of a hotel: means the physical boundary of one or more contiguous parcels of real property owned or managed by the same person and on which a hotel is located. See Utah Code 32B-6-1002
Boundary of a resort building: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
Boundary of a resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-6-1002
Brewer: means a person engaged in manufacturing:
     (16)(a) beer;
     (16)(b) heavy beer; or
     (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
Car-pool: means a mode of transportation in which:
     (1)(a) six or fewer persons, including the driver, ride together in a motor vehicle;
     (1)(b) that transportation is incidental to another purpose of the driver; and
     (1)(c) the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103
Claimant: means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives. See Utah Code 71A-4-101
Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
Commission-approved activity: means a leisure activity that:
(1)(a) the commission approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(1)(b) does not involve the use of a dangerous weapon. See Utah Code 32B-6-702
Commissioner: means a member of the commission. See Utah Code 32B-1-102
Community location: means :
     (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
     (23)(b) a church;
     (23)(c) a public library;
     (23)(d) a public playground; or
     (23)(e) a public park. See Utah Code 32B-1-102
Construction: means the function of constructing or reconstructing a sidewalk with or without curb and gutter and includes land acquisition and engineering or inspection as defined by the rules and regulations of the department. See Utah Code 72-8-102
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
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
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.
Council: means the Veterans Advisory Council. See Utah Code 71A-1-101
Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
County 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
Curb and gutter: means the area between the roadway and sidewalk designed for water runoff and providing a barrier for safety of pedestrian and vehicular traffic. See Utah Code 72-8-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
Department: means the Department of Commerce. See Utah Code 13-49-102
Dependent: A person dependent for support upon another.
Designated conveyance area: means a route within a hotel or resort:
     (2)(a) that connects one or more of the following:
          (2)(a)(i) the premises of a bar establishment sublicensee;
          (2)(a)(ii) the premises of a hospitality amenity sublicensee;
          (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
          (2)(a)(iv) a guest's room; and
     (2)(b) that does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8-102
Designated conveyance area: means a route within a hotel or resort:
     (2)(a) that connects one or more of the following:
          (2)(a)(i) the premises of a bar establishment sublicensee;
          (2)(a)(ii) the premises of a hospitality amenity sublicensee;
          (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
          (2)(a)(iv) a guest's room; and
     (2)(b) does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8b-102
Dining area: means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-202
Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302
Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
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
dispense: means :
(36)(a)(i) drawing an alcoholic product; and
(36)(a)(ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
Dispensing area: means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
          (2)(a)(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
          (2)(a)(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
          (2)(a)(iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:
               (2)(a)(iii)(A) at least 42 inches high; and
               (2)(a)(iii)(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-202
Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
          (2)(a)(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
          (2)(a)(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
          (2)(a)(iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:
               (2)(a)(iii)(A) at least 42 inches high; and
               (2)(a)(iii)(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-302
Dispensing area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
               (1)(b)(i)(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;
               (1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
               (1)(b)(i)(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902
Dispensing structure: means a surface or structure on a licensed premises:
(37)(a) where an alcoholic product is dispensed; or
(37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
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
Donor: The person who makes a gift.
Dwelling: means a portion of a resort building:
     (3)(a) owned by one or more individuals;
     (3)(b) that is used or designated for use as a residence by one or more persons; and
     (3)(c) that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence. See Utah Code 32B-8-102
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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
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.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(2)(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 executive branch of government. See Utah Code 17-50-101
Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . See Utah Code 32B-1-102
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
Fraud: Intentional deception resulting in injury to another.
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
Grantor: The person who establishes a trust and places property into it.
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
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
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: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
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
Home: means any state veterans nursing home. See Utah Code 71A-6-101
Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
Hospitality guest: means an individual:
     (1)(a)
          (1)(a)(i) who is a resident of a resort;
          (1)(a)(ii) for whom a resident of a resort provides lodging accommodations for compensation;
          (1)(a)(iii) for whom a hotel provides lodging accommodations for compensation; or
          (1)(a)(iv) for whom a resort provides lodging accommodations for compensation; and
     (1)(b) who is at least 21 years of age. See Utah Code 32B-6-1002
Hotel: includes a commercial lodging establishment that:
(53)(b)(i) meets the requirements under Subsection (53)(a); and
(53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
Hotel: means one or more buildings that:
     (3)(a) comprise a hotel, as defined by the commission;
     (3)(b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
     (3)(c) primarily operate to provide lodging accommodations;
     (3)(d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
     (3)(e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
     (3)(f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002
Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
     (5)(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
     (5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
     (5)(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
     (5)(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
     (5)(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
     (6)(a) immigration and naturalization law;
     (6)(b) executive order or presidential proclamation; or
     (6)(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
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
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
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
Local authority: means :
     (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
     (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
     (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
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
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
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Off-premise beer retailer: means a beer retailer who is:
(80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. See Utah Code 32B-1-102
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
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
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
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
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
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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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 officer: means the same as that term is defined in Section 67-16-3. See Utah Code 71A-8-101
Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
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
Recreational amenity: means :
          (2)(a)(i) a billiard parlor;
          (2)(a)(ii) a pool parlor;
          (2)(a)(iii) a bowling facility;
          (2)(a)(iv) a golf course;
          (2)(a)(v) miniature golf;
          (2)(a)(vi) a golf driving range;
          (2)(a)(vii) a tennis club;
          (2)(a)(viii) a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 5,000;
          (2)(a)(ix) a concert venue that has a seating capacity equal to or greater than 5,000;
          (2)(a)(x) one of the following if owned by a government agency:
               (2)(a)(x)(A) a convention center;
               (2)(a)(x)(B) a fair facility;
               (2)(a)(x)(C) an equestrian park;
               (2)(a)(x)(D) a theater; or
               (2)(a)(x)(E) a concert venue;
          (2)(a)(xi) an amusement park:
               (2)(a)(xi)(A) with one or more permanent amusement rides; and
               (2)(a)(xi)(B) located on at least 50 acres;
          (2)(a)(xii) a ski resort;
          (2)(a)(xiii) a venue for live entertainment if the venue:
               (2)(a)(xiii)(A) is not regularly open for more than five hours on any day;
               (2)(a)(xiii)(B) is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and
               (2)(a)(xiii)(C) is operated so that no more than 15% of its total annual receipts are from the sale of beer;
          (2)(a)(xiv) concessions operated within the boundary of a park administered by the:
               (2)(a)(xiv)(A) Division of State Parks; or
               (2)(a)(xiv)(B) National Parks Service;
          (2)(a)(xv) a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020;
          (2)(a)(xvi) a venue for karaoke; or
          (2)(a)(xvii) an enterprise developed around a commission-approved activity. See Utah Code 32B-6-702
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: means a location:
(6)(a) on which is located one resort building; and
(6)(b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
Resort building: means a building:
     (7)(a) that is primarily operated to provide dwellings or lodging accommodations;
     (7)(b) that has at least 150 units that consist of a dwelling or lodging accommodations;
     (7)(c) that consists of at least 400,000 square feet:
          (7)(c)(i) including only the building itself; and
          (7)(c)(ii) not including areas such as above ground surface parking; and
     (7)(d) of which at least 50% of the units described in Subsection (7)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102
Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
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
Retail license: means one of the following licenses issued under this title:
     (113)(a) a full-service restaurant license;
     (113)(b) a master full-service restaurant license;
     (113)(c) a limited-service restaurant license;
     (113)(d) a master limited-service restaurant license;
     (113)(e) a bar establishment license;
     (113)(f) an airport lounge license;
     (113)(g) an on-premise banquet license;
     (113)(h) an on-premise beer license;
     (113)(i) a reception center license;
     (113)(j) a beer-only restaurant license;
     (113)(k) a hospitality amenity license;
     (113)(l) a resort license;
     (113)(m) a hotel license; or
     (113)(n) an arena license. See Utah Code 32B-1-102
Ride-sharing arrangement: means either a car-pool, van-pool, or both. See Utah Code 72-12-103
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
(114)(a) hotel; or
(114)(b) resort facility. See Utah Code 32B-1-102
Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Service member: means a currently serving member of the armed forces. See Utah Code 71A-1-101
Service of process: The service of writs or summonses to the appropriate party.
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
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 beer-only restaurant licensee: means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(1)(c)(i) when measured in accordance with Subsection (1)(b)(i)(B); and
(1)(c)(ii) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-902
Small full-service restaurant licensee: means a converted full-service restaurant licensee as defined in Section 32B-6-404. See Utah Code 32B-6-202
Small limited-service restaurant licensee: means a limited-service restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(3)(a) when measured in accordance with Subsection (2)(a)(ii); and
(3)(b) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-302
Spa: means a spa:
     (5)(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
     (5)(b) that is within the:
          (5)(b)(i) boundary of a resort building; or
          (5)(b)(ii) boundary of a hotel. See Utah Code 32B-8d-102
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 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
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
Subpoena: A command to a witness to appear and give testimony.
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
total passengers: means the number of total passengers in a calendar year that is reported in the most current comprehensive annual financial report for the airport in which an airport lounge is located. See Utah Code 32B-6-502
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
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
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
VA benefits: means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38. See Utah Code 71A-4-101
Van-pool: means a nonprofit mode of prearranged commuter transportation of a relatively fixed group of seven to 15 persons, including the driver, between home and work, or termini near home and work, in a vehicle the group occupancy of which does not exceed the vehicle manufacturer's design capacity and that:
     (2)(a) is owned or leased and operated by an individual:
          (2)(a)(i) who owns only one van-pool vehicle;
          (2)(a)(ii) whose provision of transportation is incidental to another purpose of the operator;
          (2)(a)(iii) who does not transport people as a business; and
          (2)(a)(iv) who accepts money from riders in the vehicle, if at all, only to recover some or all expenses directly related to the transportation, including fuel, maintenance, insurance, and depreciation;
     (2)(b) is owned or leased by a nonprofit employee organization and used to transport employees between home and work, or termini near home and work to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the operating, administration, and reasonable depreciation costs of which are paid, if at all, by the persons using the vehicles; or
     (2)(c) is owned or leased by an employer, a public agency, or a public transit district, either alone or in cooperation with others to provide incentives to employees to make the commute by a mode other than single occupant motor vehicle, the driver and passengers of which are employees and fees charged, if at all, for which are nonprofit and only to recover operating, maintenance, administration, and reasonable depreciation costs. See Utah Code 72-12-103
Venue: The geographical location in which a case is tried.
Veteran: includes all eligible dependents. See Utah Code 71A-4-101
Veteran: means the same as that term is defined in Section Utah Code 71A-1-101
Veterans service organization: means an organization or individual accredited by the VA Office of General Counsel or recognized by the department whose purpose is to serve service members and veterans, their spouses, surviving spouses, and children. See Utah Code 71A-1-101
Waiting area: includes a lobby. See Utah Code 32B-6-202
Waiting area: includes a lobby. See Utah Code 32B-6-302
Waiting area: includes a lobby. See Utah Code 32B-6-902
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
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