32A-1-105 (Repealed 07/01/11) - Definitions.
32A-1-105 (Repealed 07/01/11). Definitions.
As used in this title:
(1) "Airport lounge" means a place of business licensed to sell an alcoholic beverage, atretail, for consumption on its premises located at an international airport with a United StatesCustoms office on the premises of the international airport.
(2) "Alcoholic beverage" means the following as the term is defined in this section:
(a) beer;
(b) flavored malt beverage; and
(c) liquor, which includes a flavored malt beverage.
(3) (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 other processthat uses liquid or combinations of liquids, whether drinkable or not, to create alcohol in anamount greater than the amount prescribed in Subsection (3)(a)(i).
(b) "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 (3)(c), extract;
(ii) vinegar;
(iii) cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter drug or medicine.
(c) An extract containing alcohol obtained by distillation is regulated as an alcoholicproduct when it is used as a flavoring in the manufacturing of an alcoholic product.
(4) (a) Except as provided in Subsection (4)(b), "bar" means a counter or similarstructure:
(i) at which an alcoholic beverage or an alcoholic product is:
(A) stored; or
(B) dispensed; or
(ii) from which an alcoholic beverage is served.
(b) For purposes of Chapter 4, Part 1, Restaurant Liquor Licenses, and Chapter 4, Part 3,Limited Restaurant Licenses, "bar structure" means a surface or structure on the premises of arestaurant if on or at any place of the surface or structure an alcoholic beverage or alcoholicproduct is:
(i) stored; or
(ii) dispensed.
(5) (a) Subject to Subsection (5)(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 (5)(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.
(6) (a) "Beer retailer" means a business that is:
(i) engaged, primarily or incidentally, in the retail sale of beer to a patron, whether forconsumption on or off the business premises; and
(ii) licensed to sell beer by:
(A) the commission;
(B) a local authority; or
(C) both the commission and a local authority.
(b) (i) "Off-premise beer retailer" means a business that is engaged in the retail sale ofbeer to a patron for consumption off the beer retailer's premises.
(ii) "Off-premise beer retailer" does not include an on-premise beer retailer.
(c) "On-premise beer retailer" means a business that is engaged in the sale of beer to apatron for consumption on the beer retailer's premises, regardless of whether the business sellsbeer for consumption off the beer retailer's premises.
(7) "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.
(8) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(9) "Cash bar" means the service of an alcoholic beverage:
(a) at:
(i) a banquet; or
(ii) a temporary event for which a permit is issued under this title; and
(b) if an attendee at the banquet or temporary event is charged for the alcoholic beverage.
(10) "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) for the purpose of giving the group of persons the exclusive use of the passenger bus,coach, or other motor vehicle and a driver to travel together to one or more specifieddestinations.
(11) "Church" means a building:
(a) set apart for the purpose of worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) which is tax exempt under the laws of this state.
(12) "Club licensee" means a person licensed under Chapter 5, Club Licenses.
(13) "Commission" means the Alcoholic Beverage Control Commission.
(14) "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.
(15) "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 authority to prohibit an activity at the community location.
(16) For purposes of Chapter 4, Part 1, Restaurant Liquor Licenses, and Chapter 4, Part3, Limited Restaurant Licenses:
(a) Subject to Subsection (16)(b), "counter" means a surface or structure in a dining areaof a restaurant where seating is provided to a patron for service of food.
(b) "Counter" does not include a surface or structure if on or at any point of the surface orstructure an alcoholic beverage or alcoholic product is:
(i) stored; or
(ii) dispensed.
(17) "Department" means the Department of Alcoholic Beverage Control.
(18) "Disciplinary proceeding" means an adjudicative proceeding permitted under thistitle:
(a) against:
(i) a permittee;
(ii) a licensee;
(iii) a manufacturer;
(iv) a supplier;
(v) an importer;
(vi) an out-of-state brewer holding a certificate of approval under Section 32A-8-101; or
(vii) an officer, employee, or agent of:
(A) a person listed in Subsections (18)(a)(i) through (vi); or
(B) a package agent; and
(b) that is brought on the basis of a violation of this title.
(19) "Director," unless the context requires otherwise, means the director appointedunder Section 32A-1-108.
(20) For purposes of Chapter 4, Part 1, Restaurant Liquor Licenses, and Chapter 4, Part3, Limited Restaurant Licenses, "dispense" means:
(a) drawing of an alcoholic beverage or alcoholic product:
(i) from an area where it is stored; or
(ii) as provided in Subsection 32A-4-106(7)(e)(ii)(B) or 32A-4-307(7)(e)(ii)(B); and
(b) using the alcoholic beverage or alcoholic product described in Subsection (20)(a) onthe premises of the restaurant to mix or prepare an alcoholic beverage for service to a patron ofthe restaurant.
(21) "Distressed merchandise" means an alcoholic beverage in the possession of thedepartment that is saleable, but for some reason is unappealing to the public.
(22) "Flavored malt beverage" means a beverage:
(a) that contains at least .5% alcohol by volume;
(b) 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;
(c) to which is added a flavor or other ingredient containing alcohol, except for a hopextract; and
(d) (i) for which the producer is required to file a formula for approval with the UnitedStates Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 C.F.R. Sec. 25.55; or
(ii) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
(23) "Guest" means an individual who meets the requirements of Subsection32A-5-107(1)(i) or (j).
(24) (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.
(25) "Hosted bar" means the service of an alcoholic beverage:
(a) without charge; and
(b) at a:
(i) banquet; or
(ii) privately hosted event.
(26) "Identification card" means an identification card issued under Title 53, Chapter 3,Part 8, Identification Card Act.
(27) "Interdicted person" means a person to whom the sale, gift, or provision of analcoholic beverage is prohibited by:
(a) law; or
(b) court order.
(28) "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 beverage;
(ii) a controlled substance;
(iii) a substance having the property of releasing toxic vapors; or
(iv) a combination of Subsections (28)(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 beverage.
(29) "Invitee" is as defined in Section 32A-4a-102.
(30) "Licensee" means a person granted a license by the commission to sell, manufacture,store, or allow consumption of an alcoholic beverage on premises owned or controlled by the
person.
(31) "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; and
(b) that is provided by a company to one or more individuals at a fixed charge inaccordance with the company's tariff for the purpose of giving the one or more individuals theexclusive use of the limousine and a driver to travel to one or more specified destinations.
(32) (a) (i) "Liquor" means alcohol, or an alcoholic, spirituous, vinous, fermented, malt,or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, orother drink, or drinkable liquid that:
(A) contains at least .5% alcohol by volume; and
(B) is suitable to use for beverage purposes.
(ii) "Liquor" includes a flavored malt beverage.
(b) "Liquor" does not include a beverage defined as a beer.
(33) "Local authority" means:
(a) the governing body of the county if the premises are located in an unincorporated areaof a county; or
(b) the governing body of the city or town if the premises are located in an incorporatedcity or a town.
(34) "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.
(35) "Member" means an individual who, after paying regular dues, has full privileges ofan equity club licensee or fraternal club licensee, as defined in Section 32A-5-101.
(36) (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.
(37) "Minor" means an individual under the age of 21 years.
(38) "Nude," "nudity," or "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.
(39) "Outlet" means a location other than a state store or package agency where analcoholic beverage is sold pursuant to a license granted by the commission.
(40) "Package" means any of the following containing liquor:
(a) a container;
(b) a bottle;
(c) a vessel; or
(d) other receptacle.
(41) "Package agency" means a retail liquor location operated:
(a) under a contractual agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission to sell package liquor for consumption off thepremises of the package agency.
(42) "Package agent" means a person permitted by the commission to operate a packageagency pursuant to a contractual agreement with the department to sell liquor from premises thatthe package agent shall provide and maintain.
(43) "Permittee" means a person issued a permit by the commission to perform an act orexercise a privilege as specifically granted in the permit.
(44) "Person" means an individual, partnership, firm, corporation, limited liabilitycompany, association, business trust, or other form of business enterprise, including a receiver ortrustee, and the plural as well as the singular number, unless the intent to give a more limitedmeaning is disclosed by the context.
(45) "Premises" means a building, enclosure, room, or equipment used in connectionwith the sale, storage, service, manufacture, distribution, or consumption of an alcoholic product,unless otherwise defined in this title or in the rules adopted by the commission.
(46) "Prescription" means a writing in legal form, signed by a physician or dentist andgiven to a patient for obtaining an alcoholic beverage for medicinal purposes only.
(47) (a) "Privately hosted event" or "private social function" 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) "Privately hosted event" and "private social function" does not include an event towhich the general public is invited, whether for an admission fee or not.
(48) (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.
(49) (a) "Public building" means a building or permanent structure owned or leased bythe state, a county, or local government entity that is used for:
(i) public education;
(ii) transacting public business; or
(iii) regularly conducting government activities.
(b) "Public building" does not mean or refer to a building owned by the state or a countyor local government entity when the building is used by a person, in whole or in part, for aproprietary function.
(50) "Representative" means an individual who is compensated by salary, commission,or other means for representing and selling an alcoholic beverage product of a manufacturer,supplier, or importer of liquor including:
(a) wine;
(b) heavy beer; or
(c) a flavored malt beverage.
(51) "Residence" means a person's principal place of abode within Utah.
(52) "Resident," in relation to a resort, is as defined in Section 32A-4a-102.
(53) "Resort" is as defined in Section 32A-4a-102.
(54) "Restaurant" means a business establishment:
(a) where a variety of foods are prepared and complete meals are served to the generalpublic;
(b) located on a premises having adequate culinary fixtures for food preparation anddining accommodations; and
(c) that is engaged primarily in serving meals to the general public.
(55) "Retailer" means a person engaged in the sale or distribution of an alcoholicbeverage to a consumer.
(56) (a) "Sample" includes:
(i) a department sample; and
(ii) an industry representative sample.
(b) "Department sample" means liquor that is placed in the possession of the departmentfor testing, analysis, and sampling including:
(i) wine;
(ii) heavy beer; or
(iii) a flavored malt beverage.
(c) "Industry representative sample" means liquor that is placed in the possession of the
department:
(i) 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; and
(ii) including:
(A) wine;
(B) heavy beer; or
(C) a flavored malt beverage.
(57) (a) "School" means a building used primarily for the general education of minors.
(b) "School" does not include:
(i) a nursery school;
(ii) an infant day care center; or
(iii) a trade or technical school.
(58) "Sell," "sale," and "to sell" means a transaction, exchange, or barter whereby, forconsideration, an alcoholic beverage 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 an agent, servant, or employee, unless otherwise defined inthis title or the rules made by the commission.
(59) "Seminude," "seminudity," or "state of seminudity" means a state of dress in whichopaque clothing covers no more 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.
(60) "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 as defined in Section 32A-5-101; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (60)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated:
(i) an employee of the licensee described in Subsection (60)(b);
(ii) an independent contractor of the licensee described in Subsection (60)(b);
(iii) an agent of the licensee described in Subsection (60)(b); or
(iv) otherwise of the licensee described in Subsection (60)(b).
(61) "Small brewer" means a brewer who manufactures less than 60,000 barrels of beer,heavy beer, and flavored malt beverages per year.
(62) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcohol product defined as a "distilled spirit" by 27U.S.C. 211 and 27 C.F.R. Sections 5.11 through 5.23.
(63) (a) "State store" means a facility for the sale of package liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not apply to a:
(i) licensee;
(ii) permittee; or
(iii) package agency.
(64) For purposes of Chapter 4, Part 1, Restaurant Liquor Licenses, and Chapter 4, Part3, Limited Restaurant Licenses:
(a) "Storage area" means an area on the premises of a restaurant where a licensee storesan alcoholic beverage or alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic beverage or alcoholicproduct from which a person draws to prepare an alcoholic beverage for service to a patron of therestaurant, except as provided in Subsection 32A-4-106(7)(e)(ii)(B) or 32A-4-307(7)(e)(ii)(B).
(65) "Sublicense" is as defined in Section 32A-4a-102.
(66) "Supplier" means a person selling an alcoholic beverage to the department.
(67) (a) "Tavern" means a business establishment that is:
(i) engaged primarily in the retail sale of beer to a public patron for consumption on theestablishment's premises; and
(ii) licensed to sell beer under Chapter 10, Part 2, On-Premise Beer Retailer Licenses.
(b) "Tavern" includes the following if the revenue from the sale of beer exceeds therevenue of the sale of food, although food need not be sold in the establishment:
(i) a beer bar;
(ii) a parlor;
(iii) a lounge;
(iv) a cabaret; or
(v) a nightclub.
(68) "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 orindefinitely.
(69) "Unsaleable liquor merchandise" means merchandise that:
(a) is unsaleable because the merchandise is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) is in a container:
(i) having faded labels or defective caps or corks;
(ii) in which the contents are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) that contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(70) "Warehouser" means a person, other than a licensed manufacturer, engaged in theimportation for sale, storage, or distribution of liquor regardless of amount.
(71) (a) "Wholesaler" means a person engaged in the importation for sale, or in the saleof beer in wholesale or jobbing quantities to one or more retailers.
(b) Notwithstanding Subsection (71)(a), "wholesaler" does not include a small brewerselling beer manufactured by that brewer.
(72) (a) "Wine" means an alcoholic beverage 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 providedin this title.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session