32B-1-102 (Effective 07/01/11) - Definitions.
32B-1-102 (Effective 07/01/11). Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport with a United States Customs office on thepremises of the international airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or otherprocess that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol inan amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items thatotherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillationwhen it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
(b) described in Section 62A-15-401.
(6) "Banquet" means an event:
(a) that is held at one or more designated locations approved by the commission in or onthe premises of a:
(i) hotel;
(ii) resort facility;
(iii) sports center; or
(iv) convention center;
(b) for which there is a contract:
(i) between a person operating a facility listed in Subsection (6)(a) and another person;and
(ii) under which the person operating a facility listed in Subsection (6)(a) is required toprovide an alcoholic product at the event; and
(c) at which food and alcoholic products may be sold, offered for sale, or furnished.
(7) (a) Subject to Subsection (7)(b), "bar" means a counter or similar structure:
(i) at which an alcoholic product is:
(A) stored; or
(B) dispensed; or
(ii) from which an alcoholic product is served.
(b) For purposes of a full-service restaurant license or a limited-service restaurantlicense, "bar structure" means a surface or structure on the premises of a restaurant if on or at anyplace of the surface or structure an alcoholic product is:
(i) stored; or
(ii) dispensed.
(8) (a) Subject to Subsection (8)(d), "beer" means a product that:
(i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol byvolume or 3.2% by weight; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Beer" may or may not contain hops or other vegetable products.
(c) "Beer" includes a product that:
(i) contains alcohol in the percentages described in Subsection (8)(a); and
(ii) is referred to as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager; or
(F) a malt or malted beverage.
(d) "Beer" does not include a flavored malt beverage.
(9) "Beer retailer" means a business:
(a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron, whetherfor consumption on or off the business premises; and
(b) to whom a license is issued:
(i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-premiseBeer Retailer Local Authority; or
(ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, andChapter 6, Part 7, On-premise Beer Retailer License.
(10) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retaillicensees or off-premise beer retailers.
(11) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(12) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(13) "Brewery manufacturing license" means a license issued in accordance with Chapter11, Part 5, Brewery Manufacturing License.
(14) "Certificate of approval" means a certificate of approval obtained from thedepartment under Subsection 32B-11-201(4).
(15) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by abus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or othermotor vehicle, and a driver to travel together to one or more specified destinations.
(16) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(17) (a) "Club license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 4, Club License.
(b) "Club license" includes:
(i) a dining club license;
(ii) an equity club license;
(iii) a fraternal club license; or
(iv) a social club license.
(18) "Commission" means the Alcoholic Beverage Control Commission created inSection 32B-2-201.
(19) "Commissioner" means a member of the commission.
(20) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(21) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a communitylocation, a person who appears to the commission to have been given on behalf of the communitylocation the authority to prohibit an activity at the community location.
(22) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(23) For purposes of a full-service restaurant license or limited-service restaurant license:
(a) subject to Subsection (23)(b), "counter" means a surface or structure in a dining areaof a restaurant where seating is provided to a patron for service of food; and
(b) "counter" does not include a surface or structure if on or at any point of the surface orstructure an alcoholic product is:
(i) stored; or
(ii) dispensed.
(24) "Department" means the Department of Alcoholic Beverage Control created inSection 32B-2-203.
(25) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(26) "Department sample" means liquor that is placed in the possession of thedepartment for testing, analysis, and sampling.
(27) "Dining club license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 4, Club License, that is designated by the commission as adining club license.
(28) "Director," unless the context requires otherwise, means the director of thedepartment.
(29) "Disciplinary proceeding" means an adjudicative proceeding permitted under thistitle:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(30) For purposes of a full-service restaurant license or a limited-service restaurantlicense, "dispense" means:
(a) drawing of an alcoholic product:
(i) from an area where it is stored; or
(ii) as provided in Subsection 32B-6-205(12)(b)(ii) or 32B-6-305(12)(b)(ii); and
(b) using the alcoholic product described in Subsection (29)(a) on the premises of therestaurant to mix or prepare an alcoholic product to be furnished to a patron of the restaurant.
(31) "Distillery manufacturing license" means a license issued in accordance withChapter 11, Part 4, Distillery Manufacturing License.
(32) "Distressed merchandise" means an alcoholic product in the possession of thedepartment that is saleable, but for some reason is unappealing to the public.
(33) "Educational facility" includes:
(a) a nursery school;
(b) an infant day care center; and
(c) a trade and technical school.
(34) "Equity club license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 4, Club License, that is designated by the commission as anequity club license.
(35) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(36) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) that is treated by processing, filtration, or another method of manufacture that is notgenerally recognized as a traditional process in the production of a beer as described in 27 C.F.R.
Sec. 25.55;
(iii) to which is added a flavor or other ingredient containing alcohol, except for a hopextract; and
(iv) (A) for which the producer is required to file a formula for approval with the federalAlcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
(B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
(b) "Flavored malt beverage" is considered liquor for purposes of this title.
(37) "Fraternal club license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 4, Club License, that is designated by the commission as afraternal club license.
(38) "Full-service restaurant license" means a license issued in accordance with Chapter5, Retail License Act, and Chapter 6, Part 2, Full-service Restaurant License.
(39) (a) "Furnish" means by any means to provide with, supply, or give an individual analcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(40) "Guest" means an individual who meets the requirements of Subsection32B-6-407(9).
(41) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapist PracticeAct;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational TherapyPractice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational TherapyPractice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental HealthProfessional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical PracticeAct;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and DentalHygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
(42) (a) "Heavy beer" means a product that:
(i) contains more than 4% alcohol by volume; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Heavy beer" is considered liquor for the purposes of this title.
(43) "Hotel" is as defined by the commission by rule.
(44) "Identification card" means an identification card issued under Title 53, Chapter 3,Part 8, Identification Card Act.
(45) "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.
(46) "Industry representative sample" means liquor that is placed in the possession of thedepartment for testing, analysis, and sampling by a local industry representative on the premisesof the department to educate the local industry representative of the quality and characteristics ofthe product.
(47) "Interdicted person" means a person to whom the sale, offer for sale, or furnishingof an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(48) "Intoxicated" means that a person:
(a) is significantly impaired as to the person's mental or physical functions as a result ofthe use of:
(i) an alcoholic product;
(ii) a controlled substance;
(iii) a substance having the property of releasing toxic vapors; or
(iv) a combination of Subsections (48)(a)(i) through (iii); and
(b) exhibits plain and easily observed outward manifestations of behavior or physicalsigns produced by the over consumption of an alcoholic product.
(49) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(50) "Invitee" is as defined in Section 32B-8-102.
(51) "License" means:
(a) a retail license;
(b) a license issued in accordance with Chapter 11, Manufacturing and Related LicensesAct;
(c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
(d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
(52) "Licensee" means a person who holds a license.
(53) "Limited-service restaurant license" means a license issued in accordance withChapter 5, Retail License Act, and Chapter 6, Part 3, Limited-service Restaurant License.
(54) "Limousine" means a motor vehicle licensed by the state or a local authority, otherthan a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or otherbarrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge inaccordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver totravel to one or more specified destinations.
(55) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(56) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
(57) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation forstorage, sale, or distribution of liquor regardless of amount.
(58) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governingbody of a county; or
(b) for premises that are located in an incorporated city or a town, the governing body ofthe city or town.
(59) "Lounge or bar area" is as defined by rule made by the commission.
(60) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, orotherwise make an alcoholic product for personal use or for sale or distribution to others.
(61) "Member" means an individual who, after paying regular dues, has full privileges inan equity club licensee or fraternal club licensee.
(62) (a) "Military installation" means a base, air field, camp, post, station, yard, center, orhomeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(63) "Minor" means an individual under the age of 21 years.
(64) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, or town; and
(b) has a responsibility to enforce one or more provisions of this title.
(65) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(66) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Part 2, Off-premise Beer Retailer LocalAuthority; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer'spremises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(67) "On-premise banquet license" means a license issued in accordance with Chapter 5,Retail License Act, and Chapter 6, Part 6, On-premise Banquet License.
(68) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordancewith Chapter 5, Retail License Act, and Chapter 6, Part 7, On-premise Beer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer'spremises, regardless of whether the beer retailer sells beer for consumption off the licensedpremises.
(69) "Package" means any of the following containing an alcoholic product:
(a) a container;
(b) a bottle;
(c) a vessel; or
(d) other receptacle.
(70) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, PackageAgency, to sell packaged liquor for consumption off the premises of the package agency.
(71) "Package agent" means a person who holds a package agency.
(72) "Patron" means an individual to whom food, beverages, or services are sold, offeredfor sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort;
(g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
(h) an invitee.
(73) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(74) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) an out-of-state brewer holding a certificate of approval; or
(g) staff of:
(i) a person listed in Subsections (74)(a) through (g); or
(ii) a package agent.
(75) "Premises" means a building, enclosure, or room used in connection with thestorage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,unless otherwise defined in this title or rules made by the commission.
(76) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions, toprescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional practice;and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(77) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identifiedgroup; and
(ii) that is limited in attendance to people who are specifically designated and theirguests.
(b) "Private event" does not include an event to which the general public is invited,whether for an admission fee or not.
(78) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which theidentification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued:
(I) under Title 53, Chapter 3, Uniform Driver License Act; or
(II) in accordance with the laws of the state in which it is issued;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance withSection 53-3-207.
(79) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a localgovernment entity when the building is used by a person, in whole or in part, for a proprietaryfunction.
(80) "Public conveyance" means a conveyance to which the public or a portion of thepublic has access to and a right to use for transportation, including an airline, railroad, bus, boat,or other public conveyance.
(81) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(82) "Residence" means a person's principal place of abode within Utah.
(83) "Resident," in relation to a resort, is as defined in Section 32B-8-102.
(84) "Resort" is as defined in Section 32B-8-102.
(85) "Resort facility" is as defined by the commission by rule.
(86) "Resort license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 8, Resort License Act.
(87) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served to the general public; and
(c) that is engaged primarily in serving meals to the general public.
(88) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a limited-service restaurant license;
(c) a club license;
(d) an airport lounge license;
(e) an on-premise banquet license; or
(f) an on-premise beer license.
(89) "Room service" means furnishing an alcoholic product to a person in a guest roomof a:
(a) hotel; or
(b) resort facility.
(90) "Serve" means to place an alcoholic product before an individual.
(91) (a) "School" means a building used primarily for the general education of minors.
(b) "School" does not include an educational facility.
(92) "Sell" or "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 aperson as a principal, proprietor, or as staff, unless otherwise defined in this title or the rulesmade by the commission.
(93) "Sexually oriented entertainer" means a person who while in a state of seminudityappears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a social club licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (93)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(94) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,Single Event Permit.
(95) "Small brewer" means a brewer who manufactures less than 60,000 barrels of beer,heavy beer, and flavored malt beverages per year.
(96) "Social club license" means a license issued in accordance with Chapter 5, RetailLicense Act, and Chapter 6, Part 4, Club License, that is designated by the commission as asocial club license.
(97) "Special use permit" means a permit issued in accordance with Chapter 10, SpecialUse Permit Act.
(98) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(99) "Sports center" is as defined by the commission by rule.
(100) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificateholder;
(ii) at the request of the business, including a package agent, licensee, permittee, orcertificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee, orcertificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(101) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(102) "State of seminudity" means a state of dress in which opaque clothing covers nomore than:
(a) the nipple and areola of the female human breast in a shape and color other than thenatural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(103) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(104) For purposes of a full-service restaurant license or a limited-service restaurantlicense:
(a) "Storage area" means an area on licensed premises where the licensee stores analcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product from which aperson draws to prepare an alcoholic product to be furnished to a patron of the restaurant, exceptas provided in Subsection 32B-6-205(12)(b)(ii) or 32B-6-305(12)(b)(ii).
(105) "Sublicense" is as defined in Section 32B-8-102.
(106) "Supplier" means a person who sells an alcoholic product to the department.
(107) "Tavern" means an on-premise beer retailer who is:
(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
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,On-premise Beer Retailer License.
(108) "Temporary beer event permit" means a permit issued in accordance with Chapter9, Part 4, Temporary Beer Event Permit.
(109) "Temporary domicile" means the principal place of abode within Utah of a personwho does not have a present intention to continue residency within Utah permanently or
indefinitely.
(110) "Unsaleable liquor merchandise" means a package that:
(a) is unsaleable because the package is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(111) (a) "Wine" means an alcoholic product obtained by the fermentation of the naturalsugar content of fruits, plants, honey, or milk, or other like substance, whether or not anotheringredient is added.
(b) "Wine" is considered liquor for purposes of this title, except as otherwise provided inthis title.
(112) "Winery manufacturing license" means a license issued in accordance with Chapter11, Part 3, Winery Manufacturing License.
Enacted by Chapter 276, 2010 General Session