Terms Used In Utah Code > Title 32B > Chapter 1 > Part 6 - Malted Beverage Act

• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• 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.
• Applicant: means :
            (1)(b)(i) the person filing an application for registration of a mark under this chapter; and
            (1)(b)(ii) a legal representative, successor, or assign of a person described in Subsection (1)(b)(i). See Utah Code 70-3a-103
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
• Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
• 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
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
       (35)(a) against a person subject to administrative action; and
       (35)(b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
• Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
• 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.
• Flavored malt beverage: means a beverage:
            (44)(a)(i) that contains at least . See Utah Code 32B-1-102
• Heavy beer: means a product that:
            (51)(a)(i)

                 (51)(a)(i)(A) contains more than 5% alcohol by volume;

                 (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
• 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
• 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
• Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 69-5-102
• Malted beverage: means :
       (1)(a) beer;
       (1)(b) a flavored malt beverage; and
       (1)(c) heavy beer. See Utah Code 32B-1-602
• Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
• Multi-line telephone system: means a network- or premises-based telephone system installed at an end-use location that uses common control units, common telephones, and common control hardware and software to provide a connection to the public switched network to multiple end-users at the end-use location. See Utah Code 69-5-102
• Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
• 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
• 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
• 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
• Registrant: means :
            (1)(f)(i) the person to whom the registration of a mark under this chapter is issued; and
            (1)(f)(ii) a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103
• service mark: means :
                 (1)(g)(i)(A) a word, term, name, symbol, design, or device; or
                 (1)(g)(i)(B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• trademark: means :
                 (1)(h)(i)(A) a word, term, name, symbol, design, or device; or
                 (1)(h)(i)(B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103