Utah Code > Title 17 > Chapter 30a > Part 1 – General Provisions
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§ 17-30a-101 | Title |
§ 17-30a-102 | Definitions |
§ 17-30a-103 | Application |
§ 17-30a-104 | Subordinate officers appointed, reappointed — Officers serving on effective date considered qualified |
Terms Used In Utah Code > Title 17 > Chapter 30a > Part 1 - General Provisions
- 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
- 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
- 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 Section26B-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
- 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 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- Board: means any state veterans nursing home advisory board. See Utah Code 71A-6-101
- 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- 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- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- Commissioner: means a member of the commission. See Utah Code 32B-1-102
- Community location: means :
(23)(a) a public or private school as defined in Subsection32B-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.
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Dependent: A person dependent for support upon another.
- 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
- 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 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- Donor: The person who makes a gift.
- 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.
- 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
- 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- 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
- 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
- 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- 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- 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- 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
- 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 Section63H-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- 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.
- 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 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 Subsection32B-6-703 (2)(e)(i). 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 Section32B-6-1002 , under a hospitality amenity license. 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
- Principal license: means :
(94)(a) a resort license;(94)(b) a hotel license; or(94)(c) an arena license. See Utah Code 32B-1-102- Private event: means a specific social, business, or recreational event:
(95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and(95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- public officer: means the same as that term is defined in Section 67-16-3. See Utah Code 71A-8-101
- 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- 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.
- Resort: means the same as that term is defined in Section
32B-8-102 . 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- 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- 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
- 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- 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
- Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102- 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- 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- 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
- 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- Veteran: means the same as that term is defined in Section Utah Code 71A-1-101
- Veteran: includes all eligible dependents. See Utah Code 71A-4-101
- 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
- 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 - Alcohol training and education seminar: means a seminar that is: