Terms Used In Utah Code > Title 32B > Chapter 8d - Sublicense Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advisory board: means :
       (1)(a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;
       (1)(b) for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and
       (1)(c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101
• Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• 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
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 17-41-101
• Boundary of a hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
• Boundary of a resort building: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-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
• 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.
• 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
• Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
• Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
• Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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 Division of Oil, Gas, and Mining created in Section 40-6-15. See Utah Code 17-41-101
• 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.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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
• Grantor: The person who establishes a trust and places property into it.
• 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
• Hard cider: means the same as that term is defined in 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
• Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
• Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
• Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
• 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
• 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}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• 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.
• 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
• 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
• Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
• Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019:
       (13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
       (13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
• Mineral deposit: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• Minor: means an individual under 21 years old. See Utah Code 32B-1-102
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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.
• Off-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• 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-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101
• Opaque: means impenetrable to sight. 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.
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning commission: means :
       (21)(a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;
       (21)(b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or
       (21)(c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101
• Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
• 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
• Primary spirituous liquor: means the main distilled spirit in a beverage. 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Provisions applicable to a sublicense: means :
       (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
       (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
       (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
       (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
       (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
       (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
       (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
       (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. 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
• Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
• Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102
• Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. 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
• 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
• 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
• Spa: means a spa:
       (5)(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
       (5)(b) that is within the:

            (5)(b)(i) boundary of a resort building; or

            (5)(b)(ii) boundary of a hotel. See Utah Code 32B-8d-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
• 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
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unincorporated: means not within a city or town. See Utah Code 17-41-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vested mining use: means a mining use:
       (26)(a) by a mine operator; and
       (26)(b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101
• Wine: includes :
            (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102