Utah Code > Title 17 > Chapter 30a > Part 4 – Disciplinary Actions and Appeals
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Utah Code > Title 17 > Chapter 30a > Part 4 - Disciplinary Actions and Appeals
- 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.
- Beer: means a product that:
(i) contains: (A) at least . See Utah Code 32B-1-102 - Beer retailer: means a business that:
(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 (b) is licensed as: (i) an off-premise beer retailer, in accordance with 2; or (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102 - Beer wholesaling license: means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and (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 - Brewer: means a person engaged in manufacturing:
(a) beer; (b) heavy beer; or (c) a flavored malt beverage. See Utah Code 32B-1-102 - Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
- Car-pool: means a mode of transportation in which:
(a) six or fewer persons, including the driver, ride together in a motor vehicle; (b) that transportation is incidental to another purpose of the driver; and (c) the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103 - Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Event permit: means :
(a) a single event permit; or (b) a temporary beer event permit. See Utah Code 32B-1-102 - License: means :
(a) a retail license; (b) a sublicense; (c) a license issued in accordance with 4; (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (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 :
(A) heavy beer; (B) wine; and (C) a flavored malt beverage. See Utah Code 32B-1-102 - Liquor warehousing license: means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and (b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102 - Local authority: means :
(a) for premises that are located in an unincorporated area of a county, the governing body of a county; (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or (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 - Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- Off-premise beer retailer: means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102 - offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(a) under an agreement with the department; and (b) by a person: (i) other than the state; and (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 - Permittee: means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 - Person: means :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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Record: includes :
(i) a book; (ii) a book of account; (iii) a paper; (iv) a contract; (v) an agreement; (vi) a document; or (vii) a recording in any medium. 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:
(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 (b) excluding beer, heavy beer, or flavored malt beverage the brewer: (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 (ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 - Staff: includes :
(i) an officer; (ii) a director; (iii) an employee; (iv) personnel management; (v) an agent of the licensee, including a managing agent; (vi) an operator; or (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
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- 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:
(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 (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.
- Writing: includes :Utah Code 68-3-12.5
- Beer retailer: means a business that: