§ 32B-7-201 State and local licensing — Limitations
§ 32B-7-202 General operational requirements for off-premise beer retailer

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Terms Used In Utah Code > Title 32B > Chapter 7 > Part 2 - Off-Premise Beer Retailer Local Authority

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Area: means the geographic area, terrain, and ski slopes served by a passenger ropeway. See Utah Code 72-11-102
  • 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
  • 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
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Committee: means the Passenger Ropeway Safety Committee created by Section 72-11-202. See Utah Code 72-11-102
  • 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
  • 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
  • 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
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Industry: means the passenger ropeway business activities of any person in the state who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102
  • 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
  • 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
  • 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
  • Off-premise beer retailer: means a beer retailer who is:
              (80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
              (80)(a)(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
  • Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. 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
  • Operator: means a person, including any political subdivision or instrumentality of the political subdivision, who owns, manages, or directs the operation of a passenger ropeway. See Utah Code 72-11-102
  • 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
  • Private residence passenger ropeway: means a passenger ropeway that:
         (11)(a) is installed at a private residence;
         (11)(b) is not accessible to the general public;
         (11)(c) is not used for commercial purposes; and
         (11)(d)
              (11)(d)(i) is owned by one single owner; and
              (11)(d)(ii) the owner described in Subsection (11)(d)(i) is not:
                   (11)(d)(ii)(A) a unit or homeowner's association; or
                   (11)(d)(ii)(B) a planned unit development or a planned residential unit development organization or entity. See Utah Code 72-11-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5