7 LONG TITLE
8 General Description:
9 This bill modifies the Alcoholic Beverage Control Act to address definitions of
10 community location.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the definition of a community location; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 32B-1-102, as last amended by Laws of Utah 2013, Chapter 349
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 32B-1-102 is amended to read:
25 32B-1-102. Definitions.
26 As used in this title:
27 (1) "Airport lounge" means a business location:
28 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
29 (b) that is located at an international airport with a United States Customs office on the
30 premises of the international airport.
31 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
32 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
33 (3) "Alcoholic beverage" means the following:
34 (a) beer; or
35 (b) liquor.
36 (4) (a) "Alcoholic product" means a product that:
37 (i) contains at least .5% of alcohol by volume; and
38 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
39 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
40 in an amount equal to or greater than .5% of alcohol by volume.
41 (b) "Alcoholic product" includes an alcoholic beverage.
42 (c) "Alcoholic product" does not include any of the following common items that
43 otherwise come within the definition of an alcoholic product:
44 (i) except as provided in Subsection (4)(d), an extract;
45 (ii) vinegar;
46 (iii) cider;
47 (iv) essence;
48 (v) tincture;
49 (vi) food preparation; or
50 (vii) an over-the-counter medicine.
51 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
52 when it is used as a flavoring in the manufacturing of an alcoholic product.
53 (5) "Alcohol training and education seminar" means a seminar that is:
54 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
55 (b) described in Section 62A-15-401.
56 (6) "Banquet" means an event:
57 (a) that is held at one or more designated locations approved by the commission in or
58 on the premises of a:
59 (i) hotel;
60 (ii) resort facility;
61 (iii) sports center; or
62 (iv) convention center;
63 (b) for which there is a contract:
64 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
66 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
67 provide an alcoholic product at the event; and
68 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
69 (7) (a) "Bar" means a surface or structure:
70 (i) at which an alcoholic product is:
71 (A) stored; or
72 (B) dispensed; or
73 (ii) from which an alcoholic product is served.
74 (b) "Bar structure" means a surface or structure on a licensed premises if on or at any
75 place of the surface or structure an alcoholic product is:
76 (i) stored; or
77 (ii) dispensed.
78 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
79 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
80 volume or 3.2% by weight; and
81 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
82 (b) "Beer" may or may not contain hops or other vegetable products.
83 (c) "Beer" includes a product that:
84 (i) contains alcohol in the percentages described in Subsection (8)(a); and
85 (ii) is referred to as:
86 (A) beer;
87 (B) ale;
88 (C) porter;
89 (D) stout;
90 (E) lager; or
91 (F) a malt or malted beverage.
92 (d) "Beer" does not include a flavored malt beverage.
93 (9) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
94 Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
95 (10) "Beer retailer" means a business:
96 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
97 whether for consumption on or off the business premises; and
98 (b) to whom a license is issued:
99 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
100 Beer Retailer Local Authority; or
101 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
102 and Chapter 6, Part 7, On-Premise Beer Retailer License.
103 (11) "Beer wholesaling license" means a license:
104 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
105 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
106 retail licensees or off-premise beer retailers.
107 (12) "Billboard" means a public display used to advertise, including:
108 (a) a light device;
109 (b) a painting;
110 (c) a drawing;
111 (d) a poster;
112 (e) a sign;
113 (f) a signboard; or
114 (g) a scoreboard.
115 (13) "Brewer" means a person engaged in manufacturing:
116 (a) beer;
117 (b) heavy beer; or
118 (c) a flavored malt beverage.
119 (14) "Brewery manufacturing license" means a license issued in accordance with
120 Chapter 11, Part 5, Brewery Manufacturing License.
121 (15) "Certificate of approval" means a certificate of approval obtained from the
122 department under Section 32B-11-201.
123 (16) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
124 a bus company to a group of persons pursuant to a common purpose:
125 (a) under a single contract;
126 (b) at a fixed charge in accordance with the bus company's tariff; and
127 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
128 motor vehicle, and a driver to travel together to one or more specified destinations.
129 (17) "Church" means a building:
130 (a) set apart for worship;
131 (b) in which religious services are held;
132 (c) with which clergy is associated; and
133 (d) that is tax exempt under the laws of this state.
134 (18) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
135 License Act, and Chapter 6, Part 4, Club License.
136 (b) "Club license" includes:
137 (i) a dining club license;
138 (ii) an equity club license;
139 (iii) a fraternal club license; or
140 (iv) a social club license.
141 (19) "Commission" means the Alcoholic Beverage Control Commission created in
142 Section 32B-2-201.
143 (20) "Commissioner" means a member of the commission.
144 (21) "Community location" means:
145 (a) a public or private school;
146 (b) a church;
147 (c) a public library;
148 (d) a public playground, which is an area that has primarily playground equipment; or
149 (e) a public park, which is an area that may or may not have some playground
151 (22) "Community location governing authority" means:
152 (a) the governing body of the community location; or
153 (b) if the commission does not know who is the governing body of a community
154 location, a person who appears to the commission to have been given on behalf of the
155 community location the authority to prohibit an activity at the community location.
156 (23) "Container" means a receptacle that contains an alcoholic product, including:
157 (a) a bottle;
158 (b) a vessel; or
159 (c) a similar item.
160 (24) "Convention center" means a facility that is:
161 (a) in total at least 30,000 square feet; and
162 (b) otherwise defined as a "convention center" by the commission by rule.
163 (25) (a) Subject to Subsection (25)(b), "counter" means a surface or structure in a
164 dining area of a licensed premises where seating is provided to a patron for service of food.
165 (b) "Counter" does not include a surface or structure if on or at any point of the surface
166 or structure an alcoholic product is:
167 (i) stored; or
168 (ii) dispensed.
169 (26) "Department" means the Department of Alcoholic Beverage Control created in
170 Section 32B-2-203.
171 (27) "Department compliance officer" means an individual who is:
172 (a) an auditor or inspector; and
173 (b) employed by the department.
174 (28) "Department sample" means liquor that is placed in the possession of the
175 department for testing, analysis, and sampling.
176 (29) "Dining club license" means a license issued in accordance with Chapter 5, Retail
177 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
178 dining club license.
179 (30) "Director," unless the context requires otherwise, means the director of the
181 (31) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
183 (a) against a person subject to administrative action; and
184 (b) that is brought on the basis of a violation of this title.
185 (32) (a) Subject to Subsection (32)(b), "dispense" means:
186 (i) drawing of an alcoholic product:
187 (A) from an area where it is stored; or
188 (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
189 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and
190 (ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of
191 the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
192 retail licensee.
193 (b) The definition of "dispense" in this Subsection (32) applies only to:
194 (i) a full-service restaurant license;
195 (ii) a limited-service restaurant license;
196 (iii) a reception center license; and
197 (iv) a beer-only restaurant license.
198 (33) "Distillery manufacturing license" means a license issued in accordance with
199 Chapter 11, Part 4, Distillery Manufacturing License.
200 (34) "Distressed merchandise" means an alcoholic product in the possession of the
201 department that is saleable, but for some reason is unappealing to the public.
202 (35) "Educational facility" includes:
203 (a) a nursery school;
204 (b) an infant day care center; and
205 (c) a trade and technical school.
206 (36) "Equity club license" means a license issued in accordance with Chapter 5, Retail
207 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
208 equity club license.
209 (37) "Event permit" means:
210 (a) a single event permit; or
211 (b) a temporary beer event permit.
212 (38) "Exempt license" means a license exempt under Section 32B-1-201 from being
213 considered in determining the total number of a retail license that the commission may issue at
214 any time.
215 (39) (a) "Flavored malt beverage" means a beverage:
216 (i) that contains at least .5% alcohol by volume;
217 (ii) that is treated by processing, filtration, or another method of manufacture that is not
218 generally recognized as a traditional process in the production of a beer as described in 27
219 C.F.R. Sec. 25.55;
220 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
221 extract; and
222 (iv) (A) for which the producer is required to file a formula for approval with the
223 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
224 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
225 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
226 (40) "Fraternal club license" means a license issued in accordance with Chapter 5,
227 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
228 as a fraternal club license.
229 (41) "Full-service restaurant license" means a license issued in accordance with
230 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
231 (42) (a) "Furnish" means by any means to provide with, supply, or give an individual
232 an alcoholic product, by sale or otherwise.
233 (b) "Furnish" includes to:
234 (i) serve;
235 (ii) deliver; or
236 (iii) otherwise make available.
237 (43) "Guest" means an individual who meets the requirements of Subsection
239 (44) "Health care practitioner" means:
240 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
241 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
242 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
243 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
245 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
246 Nurse Practice Act;
247 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
248 Practice Act;
249 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
250 Therapy Practice Act;
251 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
252 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
253 Professional Practice Act;
254 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
255 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
256 Practice Act;
257 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
258 Hygienist Practice Act; and
259 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
260 (45) (a) "Heavy beer" means a product that:
261 (i) contains more than 4% alcohol by volume; and
262 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
263 (b) "Heavy beer" is considered liquor for the purposes of this title.
264 (46) "Hotel" is as defined by the commission by rule.
265 (47) "Identification card" means an identification card issued under Title 53, Chapter 3,
266 Part 8, Identification Card Act.
267 (48) "Industry representative" means an individual who is compensated by salary,
268 commission, or other means for representing and selling an alcoholic product of a
269 manufacturer, supplier, or importer of liquor.
270 (49) "Industry representative sample" means liquor that is placed in the possession of
271 the department for testing, analysis, and sampling by a local industry representative on the
272 premises of the department to educate the local industry representative of the quality and
273 characteristics of the product.
274 (50) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
275 of an alcoholic product is prohibited by:
276 (a) law; or
277 (b) court order.
278 (51) "Intoxicated" means that a person:
279 (a) is significantly impaired as to the person's mental or physical functions as a result of
280 the use of:
281 (i) an alcoholic product;
282 (ii) a controlled substance;
283 (iii) a substance having the property of releasing toxic vapors; or
284 (iv) a combination of Subsections (51)(a)(i) through (iii); and
285 (b) exhibits plain and easily observed outward manifestations of behavior or physical
286 signs produced by the over consumption of an alcoholic product.
287 (52) "Investigator" means an individual who is:
288 (a) a department compliance officer; or
289 (b) a nondepartment enforcement officer.
290 (53) "Invitee" is as defined in Section 32B-8-102.
291 (54) "License" means:
292 (a) a retail license;
293 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
294 Licenses Act;
295 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
297 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
298 (55) "Licensee" means a person who holds a license.
299 (56) "Limited-service restaurant license" means a license issued in accordance with
300 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
301 (57) "Limousine" means a motor vehicle licensed by the state or a local authority, other
302 than a bus or taxicab:
303 (a) in which the driver and a passenger are separated by a partition, glass, or other
305 (b) that is provided by a business entity to one or more individuals at a fixed charge in
306 accordance with the business entity's tariff; and
307 (c) to give the one or more individuals the exclusive use of the limousine and a driver
308 to travel to one or more specified destinations.
309 (58) (a) (i) "Liquor" means a liquid that:
310 (A) is:
311 (I) alcohol;
312 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
313 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
314 (IV) other drink or drinkable liquid; and
315 (B) (I) contains at least .5% alcohol by volume; and
316 (II) is suitable to use for beverage purposes.
317 (ii) "Liquor" includes:
318 (A) heavy beer;
319 (B) wine; and
320 (C) a flavored malt beverage.
321 (b) "Liquor" does not include beer.
322 (59) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
323 (60) "Liquor warehousing license" means a license that is issued:
324 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
325 (b) to a person, other than a licensed manufacturer, who engages in the importation for
326 storage, sale, or distribution of liquor regardless of amount.
327 (61) "Local authority" means:
328 (a) for premises that are located in an unincorporated area of a county, the governing
329 body of a county; or
330 (b) for premises that are located in an incorporated city or a town, the governing body
331 of the city or town.
332 (62) "Lounge or bar area" is as defined by rule made by the commission.
333 (63) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
334 otherwise make an alcoholic product for personal use or for sale or distribution to others.
335 (64) "Member" means an individual who, after paying regular dues, has full privileges
336 in an equity club licensee or fraternal club licensee.
337 (65) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
338 or homeport facility for a ship:
339 (i) (A) under the control of the United States Department of Defense; or
340 (B) of the National Guard;
341 (ii) that is located within the state; and
342 (iii) including a leased facility.
343 (b) "Military installation" does not include a facility used primarily for:
344 (i) civil works;
345 (ii) a rivers and harbors project; or
346 (iii) a flood control project.
347 (66) "Minor" means an individual under the age of 21 years.
348 (67) "Nondepartment enforcement agency" means an agency that:
349 (a) (i) is a state agency other than the department; or
350 (ii) is an agency of a county, city, or town; and
351 (b) has a responsibility to enforce one or more provisions of this title.
352 (68) "Nondepartment enforcement officer" means an individual who is:
353 (a) a peace officer, examiner, or investigator; and
354 (b) employed by a nondepartment enforcement agency.
355 (69) (a) "Off-premise beer retailer" means a beer retailer who is:
356 (i) licensed in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local
357 Authority; and
358 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
360 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
361 (70) "On-premise banquet license" means a license issued in accordance with Chapter
362 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
363 (71) "On-premise beer retailer" means a beer retailer who is:
364 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
365 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
366 Retailer License; and
367 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
369 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
370 premises; and
371 (ii) on and after March 1, 2012, operating:
372 (A) as a tavern; or
373 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
374 (72) "Opaque" means impenetrable to sight.
375 (73) "Package agency" means a retail liquor location operated:
376 (a) under an agreement with the department; and
377 (b) by a person:
378 (i) other than the state; and
379 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
380 Agency, to sell packaged liquor for consumption off the premises of the package agency.
381 (74) "Package agent" means a person who holds a package agency.
382 (75) "Patron" means an individual to whom food, beverages, or services are sold,
383 offered for sale, or furnished, or who consumes an alcoholic product including:
384 (a) a customer;
385 (b) a member;
386 (c) a guest;
387 (d) an attendee of a banquet or event;
388 (e) an individual who receives room service;
389 (f) a resident of a resort;
390 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
392 (h) an invitee.
393 (76) "Permittee" means a person issued a permit under:
394 (a) Chapter 9, Event Permit Act; or
395 (b) Chapter 10, Special Use Permit Act.
396 (77) "Person subject to administrative action" means:
397 (a) a licensee;
398 (b) a permittee;
399 (c) a manufacturer;
400 (d) a supplier;
401 (e) an importer;
402 (f) one of the following holding a certificate of approval:
403 (i) an out-of-state brewer;
404 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
405 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
406 (g) staff of:
407 (i) a person listed in Subsections (77)(a) through (f); or
408 (ii) a package agent.
409 (78) "Premises" means a building, enclosure, or room used in connection with the
410 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
411 unless otherwise defined in this title or rules made by the commission.
412 (79) "Prescription" means an order issued by a health care practitioner when:
413 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
414 to prescribe a controlled substance, other drug, or device for medicinal purposes;
415 (b) the order is made in the course of that health care practitioner's professional
416 practice; and
417 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
418 (80) (a) "Private event" means a specific social, business, or recreational event:
419 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
420 group; and
421 (ii) that is limited in attendance to people who are specifically designated and their
423 (b) "Private event" does not include an event to which the general public is invited,
424 whether for an admission fee or not.
425 (81) (a) "Proof of age" means:
426 (i) an identification card;
427 (ii) an identification that:
428 (A) is substantially similar to an identification card;
429 (B) is issued in accordance with the laws of a state other than Utah in which the
430 identification is issued;
431 (C) includes date of birth; and
432 (D) has a picture affixed;
433 (iii) a valid driver license certificate that:
434 (A) includes date of birth;
435 (B) has a picture affixed; and
436 (C) is issued:
437 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
438 (II) in accordance with the laws of the state in which it is issued;
439 (iv) a military identification card that:
440 (A) includes date of birth; and
441 (B) has a picture affixed; or
442 (v) a valid passport.
443 (b) "Proof of age" does not include a driving privilege card issued in accordance with
444 Section 53-3-207.
445 (82) (a) "Public building" means a building or permanent structure that is:
446 (i) owned or leased by:
447 (A) the state; or
448 (B) a local government entity; and
449 (ii) used for:
450 (A) public education;
451 (B) transacting public business; or
452 (C) regularly conducting government activities.
453 (b) "Public building" does not include a building owned by the state or a local
454 government entity when the building is used by a person, in whole or in part, for a proprietary
456 (83) "Public conveyance" means a conveyance to which the public or a portion of the
457 public has access to and a right to use for transportation, including an airline, railroad, bus,
458 boat, or other public conveyance.
459 (84) "Reception center" means a business that:
460 (a) operates facilities that are at least 5,000 square feet; and
461 (b) has as its primary purpose the leasing of the facilities described in Subsection
462 (84)(a) to a third party for the third party's event.
463 (85) "Reception center license" means a license issued in accordance with Chapter 5,
464 Retail License Act, and Chapter 6, Part 8, Reception Center License.
465 (86) (a) "Record" means information that is:
466 (i) inscribed on a tangible medium; or
467 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
468 (b) "Record" includes:
469 (i) a book;
470 (ii) a book of account;
471 (iii) a paper;
472 (iv) a contract;
473 (v) an agreement;
474 (vi) a document; or
475 (vii) a recording in any medium.
476 (87) "Residence" means a person's principal place of abode within Utah.
477 (88) "Resident," in relation to a resort, is as defined in Section 32B-8-102.
478 (89) "Resort" is as defined in Section 32B-8-102.
479 (90) "Resort facility" is as defined by the commission by rule.
480 (91) "Resort license" means a license issued in accordance with Chapter 5, Retail
481 License Act, and Chapter 8, Resort License Act.
482 (92) "Restaurant" means a business location:
483 (a) at which a variety of foods are prepared;
484 (b) at which complete meals are served to the general public; and
485 (c) that is engaged primarily in serving meals to the general public.
486 (93) "Retail license" means one of the following licenses issued under this title:
487 (a) a full-service restaurant license;
488 (b) a master full-service restaurant license;
489 (c) a limited-service restaurant license;
490 (d) a master limited-service restaurant license;
491 (e) a club license;
492 (f) an airport lounge license;
493 (g) an on-premise banquet license;
494 (h) an on-premise beer license;
495 (i) a reception center license; or
496 (j) a beer-only restaurant license.
497 (94) "Room service" means furnishing an alcoholic product to a person in a guest room
498 of a:
499 (a) hotel; or
500 (b) resort facility.
501 (95) "Serve" means to place an alcoholic product before an individual.
502 (96) (a) "School" means a building used primarily for the general education of minors.
503 (b) "School" does not include an educational facility.
504 (97) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
505 consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
506 delivered for value, or by a means or under a pretext is promised or obtained, whether done by
507 a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
508 made by the commission.
509 (98) "Sexually oriented entertainer" means a person who while in a state of seminudity
510 appears at or performs:
511 (a) for the entertainment of one or more patrons;
512 (b) on the premises of:
513 (i) a social club licensee; or
514 (ii) a tavern;
515 (c) on behalf of or at the request of the licensee described in Subsection (98)(b);
516 (d) on a contractual or voluntary basis; and
517 (e) whether or not the person is designated as:
518 (i) an employee;
519 (ii) an independent contractor;
520 (iii) an agent of the licensee; or
521 (iv) a different type of classification.
522 (99) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
523 Single Event Permit.
524 (100) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
525 beer, heavy beer, and flavored malt beverages per year.
526 (101) "Social club license" means a license issued in accordance with Chapter 5, Retail
527 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
528 social club license.
529 (102) "Special use permit" means a permit issued in accordance with Chapter 10,
530 Special Use Permit Act.
531 (103) (a) "Spirituous liquor" means liquor that is distilled.
532 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
533 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
534 (104) "Sports center" is as defined by the commission by rule.
535 (105) (a) "Staff" means an individual who engages in activity governed by this title:
536 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
538 (ii) at the request of the business, including a package agent, licensee, permittee, or
539 certificate holder; or
540 (iii) under the authority of the business, including a package agent, licensee, permittee,
541 or certificate holder.
542 (b) "Staff" includes:
543 (i) an officer;
544 (ii) a director;
545 (iii) an employee;
546 (iv) personnel management;
547 (v) an agent of the licensee, including a managing agent;
548 (vi) an operator; or
549 (vii) a representative.
550 (106) "State of nudity" means:
551 (a) the appearance of:
552 (i) the nipple or areola of a female human breast;
553 (ii) a human genital;
554 (iii) a human pubic area; or
555 (iv) a human anus; or
556 (b) a state of dress that fails to opaquely cover:
557 (i) the nipple or areola of a female human breast;
558 (ii) a human genital;
559 (iii) a human pubic area; or
560 (iv) a human anus.
561 (107) "State of seminudity" means a state of dress in which opaque clothing covers no
562 more than:
563 (a) the nipple and areola of the female human breast in a shape and color other than the
564 natural shape and color of the nipple and areola; and
565 (b) the human genitals, pubic area, and anus:
566 (i) with no less than the following at its widest point:
567 (A) four inches coverage width in the front of the human body; and
568 (B) five inches coverage width in the back of the human body; and
569 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
570 (108) (a) "State store" means a facility for the sale of packaged liquor:
571 (i) located on premises owned or leased by the state; and
572 (ii) operated by a state employee.
573 (b) "State store" does not include:
574 (i) a package agency;
575 (ii) a licensee; or
576 (iii) a permittee.
577 (109) (a) "Storage area" means an area on licensed premises where the licensee stores
578 an alcoholic product.
579 (b) "Store" means to place or maintain in a location an alcoholic product from which a
580 person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
581 Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
583 (110) "Sublicense" is as defined in Section 32B-8-102.
584 (111) "Supplier" means a person who sells an alcoholic product to the department.
585 (112) "Tavern" means an on-premise beer retailer who is:
586 (a) issued a license by the commission in accordance with Chapter 5, Retail License
587 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
588 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
589 On-premise Beer Retailer License.
590 (113) "Temporary beer event permit" means a permit issued in accordance with
591 Chapter 9, Part 4, Temporary Beer Event Permit.
592 (114) "Temporary domicile" means the principal place of abode within Utah of a
593 person who does not have a present intention to continue residency within Utah permanently or
595 (115) "Translucent" means a substance that allows light to pass through, but does not
596 allow an object or person to be seen through the substance.
597 (116) "Unsaleable liquor merchandise" means a container that:
598 (a) is unsaleable because the container is:
599 (i) unlabeled;
600 (ii) leaky;
601 (iii) damaged;
602 (iv) difficult to open; or
603 (v) partly filled;
604 (b) (i) has faded labels or defective caps or corks;
605 (ii) has contents that are:
606 (A) cloudy;
607 (B) spoiled; or
608 (C) chemically determined to be impure; or
609 (iii) contains:
610 (A) sediment; or
611 (B) a foreign substance; or
612 (c) is otherwise considered by the department as unfit for sale.
613 (117) (a) "Wine" means an alcoholic product obtained by the fermentation of the
614 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
615 another ingredient is added.
616 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
617 in this title.
618 (118) "Winery manufacturing license" means a license issued in accordance with
619 Chapter 11, Part 3, Winery Manufacturing License.