§ 70D-1-101 Title
§ 70D-1-102 Definitions

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Terms Used In Utah Code > Title 70D > Chapter 1 - General Provisions

  • Airport lounge: means a business location:
         (1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
         (1)(b) that is located at an international airport or domestic airport. 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
  • 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
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commissioner: means the commissioner of the department. See Utah Code 70D-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 70D-1-102
  • Event permit: means :
         (42)(a) a single event permit; or
         (42)(b) a temporary beer event permit. 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
  • 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
  • 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
  • Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. 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
  • 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
  • Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-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
  • 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
  • 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
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. 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
  • 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
  • State: means :
         (10)(a) a state, territory, or possession of the United States;
         (10)(b) the District of Columbia; or
         (10)(c) the Commonwealth of Puerto Rico. See Utah Code 70D-1-102
  • Supplier: means a person who sells an alcoholic product to the department. 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