Terms Used In Utah Code > Title 32B > Chapter 5 > Part 2 - Retail Licensing Process

• 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
• 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
• 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
• 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
• 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
• 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
• Council: means the Veterans Advisory Council. See Utah Code 71A-1-101
• 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.
• 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
• 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 director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• 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
• 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
• 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
• 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
• 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 Subsection 32B-6-703(2)(e)(i). 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
• 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
• 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
• 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
• 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
• 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
• 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: 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
• 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