Terms Used In Utah Code > Title 32B > Chapter 4 > Part 4 - Sale, Purchase, Possession, and Consumption

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:
       (1)(a) course of dealing;
       (1)(b) usage of trade; or
       (1)(c) course of performance. See Utah Code 70C-1-302
• 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
• Allegation: something that someone says happened.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Arrest: Taking physical custody of a person by lawful authority.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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
• 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
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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
• capitol hill complex: means capitol hill, as defined in Section 63O-1-101. See Utah Code 32B-4-102
• Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
• Chartered bus: means a passenger bus, coach, or other motor vehicle provided by a bus company to a group of persons pursuant to a common purpose:
       (19)(a) under a single contract;
       (19)(b) at a fixed charge in accordance with the bus company's tariff; and
       (19)(c) to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations. See Utah Code 32B-1-102
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commissioner: means the commissioner of financial institutions appointed under Section 7-1-202. See Utah Code 70C-1-302
• 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.
• Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302
• 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.
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Creditor: means :
            (4)(a)(i) a party:

                 (4)(a)(i)(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and

                 (4)(a)(i)(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
            (4)(a)(ii) an issuer of a credit card that extends either open-end credit or credit that:

                 (4)(a)(ii)(A) is not subject to a finance charge; and

                 (4)(a)(ii)(B) is not payable by written agreement in more than four installments; and
            (4)(a)(iii) an issuer of a credit card that extends closed-end credit that:

                 (4)(a)(iii)(A) is subject to a finance charge; or

                 (4)(a)(iii)(B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302
• 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: means the Department of Financial Institutions. See Utah Code 70C-8-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposable earnings: means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. See Utah Code 70C-7-103
• Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence:
       (5)(a) a condominium unit;
       (5)(b) a cooperative unit;
       (5)(c) a manufactured home; or
       (5)(d) a house. See Utah Code 70C-1-302
• Earnings: means compensation paid or payable to an individual or for the individual's account for personal services rendered or to be rendered by the individual whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program. See Utah Code 70C-1-302
• Education loan: means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), made by a depository institution that:
            (1)(b)(i) is closed end;
            (1)(b)(ii) is a qualified education loan as defined in Utah Code 70C-7-103
• 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}
• 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.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Flavored malt beverage: means a beverage:
            (44)(a)(i) that contains at least . 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
• 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
• Health care practitioner: means :
       (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
       (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
       (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
       (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
       (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
       (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
       (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
       (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
       (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
       (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
       (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
       (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. 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
• home solicitation sale: means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. See Utah Code 70C-5-101
• 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
• Installment: means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt. See Utah Code 70C-1-302
• 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
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
       (65)(a) in which the driver and a passenger are separated by a partition, glass, or other barrier;
       (65)(b) that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
       (65)(c) to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. 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
• 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
• Nationwide database: means the Nationwide Multistate Licensing System and Registry, described in Utah Code 70C-1-302
• 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
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means an individual and any other entity legally capable of entering into a binding contract. See Utah Code 70C-1-302
• 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 :
       (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
• 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
• Prescription: means an order issued by a health care practitioner when:
       (92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
       (92)(b) the order is made in the course of that health care practitioner's professional practice; and
       (92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. 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
• Proof of age: means :
            (97)(a)(i) an identification card;
            (97)(a)(ii) an identification that:

                 (97)(a)(ii)(A) is substantially similar to an identification card;

                 (97)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;

                 (97)(a)(ii)(C) includes date of birth; and

                 (97)(a)(ii)(D) has a picture affixed;
            (97)(a)(iii) a valid driver license certificate that:

                 (97)(a)(iii)(A) includes date of birth;

                 (97)(a)(iii)(B) has a picture affixed; and

                 (97)(a)(iii)(C) is issuedunder Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, orin accordance with federal law by the United States Department of State;
            (97)(a)(iv) a military identification card that:

                 (97)(a)(iv)(A) includes date of birth; and

                 (97)(a)(iv)(B) has a picture affixed; or
            (97)(a)(v) a valid passport. See Utah Code 32B-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public building: means a building or permanent structure that is:
            (99)(a)(i) owned or leased by:

                 (99)(a)(i)(A) the state; or

                 (99)(a)(i)(B) a local government entity; and
            (99)(a)(ii) used for:

                 (99)(a)(ii)(A) public education;

                 (99)(a)(ii)(B) transacting public business; or

                 (99)(a)(ii)(C) regularly conducting government activities. 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.
• 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
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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 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: 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
• 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.
• Supplier: means a person who sells an alcoholic product to the department. 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
• Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• 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