Terms Used In Utah Code > Title 32B > Chapter 6 > Part 9 - Beer-Only Restaurant License

• Advanced air mobility system: includes each component of a system described in Subsection (2)(a), including:
            (2)(b)(i) the aircraft, including payload;
            (2)(b)(ii) communications equipment;
            (2)(b)(iii) navigation equipment;
            (2)(b)(iv) controllers;
            (2)(b)(v) support equipment; and
            (2)(b)(vi) remote and autonomous functions. See Utah Code 72-10-102
• 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.
• Aeronautics: means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or other air navigation facilities. See Utah Code 72-10-102
• Air instruction: means the imparting of aeronautical information by any aviation instructor or in any air school or flying club. See Utah Code 72-10-102
• Air school: means any person engaged in giving, offering to give, or advertising, representing, or holding himself out as giving, with or without compensation or other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects. See Utah Code 72-10-102
• Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
• Airport: means any area of land, water, or both, that:
       (8)(a) is used or is made available for landing and takeoff;
       (8)(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;
       (8)(c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and
       (8)(d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
• Airport: means any area of land or water which is used, or intended for use for the landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for aircraft buildings or other airport facilities or rights of way, together with all airport buildings and facilities located on them. See Utah Code 72-10-301
• Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
• Airport authority: means a political subdivision of the state, other than a county or municipality, that is authorized by statute to operate an airport. See Utah Code 72-10-102
• Airport hazard: means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport. See Utah Code 72-10-401
• Airport influence area: means land located within 5,000 feet of an airport runway. See Utah Code 72-10-401
• Airport operator: means a municipality, county, or airport authority that owns or operates a commercial airport. See Utah Code 72-10-102
• Airport overlay zone: means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:
       (4)(a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;
       (4)(b) may extend beyond the airport influence area;
       (4)(c) ensures airport utility as a public asset;
       (4)(d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and
       (4)(e) protects aircraft occupant safety through protection of navigable airspace. See Utah Code 72-10-401
• Airport revenue: means :
            (11)(a)(i) all fees, charges, rents, or other payments received by or accruing to an airport operator for any of the following reasons:

                 (11)(a)(i)(A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport permittees making use of airport property and services, and other parties;

                 (11)(a)(i)(B) revenue received from the activities of others or the transfer of rights to others relating to the airport, including revenue received:

                      (11)(a)(i)(B)(I) for the right to conduct an activity on the airport or to use or occupy airport property;

                      (11)(a)(i)(B)(II) for the sale, transfer, or disposition of airport real or personal property, or any interest in that property, including transfer through a condemnation proceeding;

                      (11)(a)(i)(B)(III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural products or water owned by the airport operator to be taken from the airport; and

                      (11)(a)(i)(B)(IV) for the right to conduct an activity on, or for the use or disposition of, real or personal property or any interest in real or personal property owned or controlled by the airport operator and used for an airport-related purpose but not located on the airport; or

                 (11)(a)(i)(C) revenue received from activities conducted by the airport operator whether on or off the airport, which is directly connected to the airport operator's ownership or operation of the airport; and
            (11)(a)(ii) state and local taxes on aviation fuel. See Utah Code 72-10-102
• Airworthiness: means conformity with requirements prescribed by the Federal Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or accessories. See Utah Code 72-10-102
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:
       (5)(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and
       (5)(b) to prohibit or remove any obstruction to such overflight. See Utah Code 72-10-401
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
• City: means a municipality of the first class, as defined under Section 10-2-301, that:
       (1)(a) is authorized by statute to operate an airport; and
       (1)(b) operates an airport with greater than 10 million annual passengers. See Utah Code 72-10-601
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil aircraft: means any aircraft other than a public aircraft. See Utah Code 72-10-102
• Commercial airport: means a landing area, landing strip, or airport that may be used for commercial operations. See Utah Code 72-10-102
• Commercial operations: means :
       (18)(a) any operations of an aircraft for compensation or hire or any services performed incidental to the operation of any aircraft for which a fee is charged or compensation is received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of aircraft, the operation of flight or ground schools, the operation of aircraft for the application or distribution of chemicals or other substances, and the operation of aircraft for hunting and fishing; or
       (18)(b) the brokering or selling of any of these services; but
       (18)(c) does not include any operations of aircraft as common carriers certificated by the federal government or the services incidental to those operations. See Utah Code 72-10-102
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
• Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
• 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 beer-only restaurant licensee where a dispensing structure is located and that:
                 (1)(b)(i)(A) 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 beer;
                 (1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
                 (1)(b)(i)(C) 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 at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902
• 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
• Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 72-10-601
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Experimental aircraft: means :
       (21)(a) any aircraft designated by the Federal Aviation Administration or the military as experimental and used solely for the purpose of experiments, or tests regarding the structure or functioning of aircraft, engines, or their accessories; and
       (21)(b) any aircraft designated by the Federal Aviation Administration as:

            (21)(b)(i) being custom or amateur built; and

            (21)(b)(ii) used for recreational, educational, or display purposes. See Utah Code 72-10-102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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.
• Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 72-1-102
• Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
• Flying club: means five or more persons who for neither profit nor reward own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both. See Utah Code 72-10-102
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Glider: means an aircraft heavier than air, similar to an airplane, but without a power plant. See Utah Code 72-10-102
• Ground transportation service: means transporting passengers for hire or as a courtesy in connection with a business over public streets pursuant to a license with the city. See Utah Code 72-10-601
• Ground transportation service provider: includes :
            (4)(b)(i) a taxicab driver;
            (4)(b)(ii) a limousine or luxury car driver;
            (4)(b)(iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section 17B-2a-802;
            (4)(b)(iv) a courtesy vehicle or hotel vehicle driver;
            (4)(b)(v) a special transportation vehicle driver who transports persons with a disability; and
            (4)(b)(vi) a van driver. See Utah Code 72-10-601
• Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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
• Land use regulation: means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 72-10-401
• 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}
• 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
• Man: means an adult human male. See Utah Code 68-3-12.5
• Mechanic: means a person who constructs, repairs, adjusts, inspects, or overhauls aircraft, engines, or accessories. See Utah Code 72-10-102
• 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
• Municipality: means any county, city, town, or political subdivision of this state. See Utah Code 72-10-301
• Navigable airspace: means the same as that term is defined in Utah Code 72-10-102 v2
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• 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 any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
• Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representation thereof. See Utah Code 72-10-301
• 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
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Pilot: means any person who operates the controls of an aircraft while in-flight. See Utah Code 72-10-102
• Political subdivision: means any municipality, city, town, or county. See Utah Code 72-10-401
• 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
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public agency: means the United States government or any of its agencies, a state or its agencies, a municipality or other political subdivision, or a tax-supported organization. See Utah Code 72-10-301
• Public aircraft: means an aircraft used exclusively in the service of any government or of any political subdivision, including the government of the United States, of the District of Columbia, and of any state, territory, or insular possession of the United States, but not including any government-owned aircraft engaged in carrying persons or goods for commercial purposes. See Utah Code 72-10-102
• 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
• Registration number: means the number assigned by the Federal Aviation Administration to any aircraft, whether or not the number includes a letter or letters. See Utah Code 72-10-102
• 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
• Resort facility: is a s defined by the commission by rule. 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
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Roadable aircraft: means an aircraft capable of taking off and landing from a suitable airfield and is also designed to be driven on a highway as a conveyance. See Utah Code 72-10-102 v2
• Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
• Small beer-only restaurant licensee: means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
            (1)(c)(i) when measured in accordance with Subsection (1)(b)(i)(B); and
            (1)(c)(ii) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-902
• 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
• 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
• Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See Utah Code 72-10-401
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Tree: means any object of natural growth. See Utah Code 72-10-401
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unmanned aircraft: means an aircraft that is:
       (37)(a) capable of sustaining flight; and
       (37)(b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102
• Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:
       (38)(a) the unmanned aircraft, including payload;
       (38)(b) communications equipment;
       (38)(c) navigation equipment;
       (38)(d) controllers;
       (38)(e) support equipment; and
       (38)(f) autopilot functionality. See Utah Code 72-10-102
• Venue: The geographical location in which a case is tried.
• Vertiport: means an area of land, or a structure, used or intended to be used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated buildings and facilities. See Utah Code 72-10-102
• Waiting area: includes a lobby. See Utah Code 32B-6-902
• 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