32A-1-105.   Definitions.
     As used in this title:
     (1) "Airport lounge" means a place of business licensed to sell alcoholic beverages, at retail, for consumption on its premises located at an international airport with a United States Customs office on the premises of the international airport.
     (2) "Alcoholic beverages" means "beer" and "liquor" as the terms are defined in this section.
     (3) (a) "Alcoholic products" means all products that:
     (i) contain:
     (A) at least 63/100 of 1% of alcohol by volume; or
     (B) at least 1/2 of 1% by weight; and
     (ii) are obtained by fermentation, infusion, decoction, brewing, distillation, or any other process that uses any liquid or combinations of liquids, whether drinkable or not, to create alcohol in an amount greater than the amount prescribed in Subsection (3)(a)(i).
     (b) "Alcoholic products" does not include any of the following common items that otherwise come within the definition of alcoholic products:
     (i) extracts;
     (ii) vinegars;
     (iii) ciders;
     (iv) essences;
     (v) tinctures;
     (vi) food preparations; or
     (vii) over-the-counter drugs and medicines.
     (4) "Bar" means a counter or similar structure:
     (a) at which alcoholic beverages are:
     (i) stored; or
     (ii) dispensed; or
     (b) from which alcoholic beverages are served.
     (5) (a) "Beer" means any product that:
     (i) contains 63/100 of 1% of alcohol by volume or 1/2 of 1% of alcohol by weight, but not more than 4% of alcohol by volume or 3.2% by weight; and
     (ii) is obtained by fermentation, infusion, or decoction of any 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) malt liquor;
     (B) malted beverages; or
     (C) malt coolers.
     (6) (a) "Beer retailer" means a business that is:
     (i) engaged, primarily or incidentally, in the retail sale of beer to patrons, whether for consumption 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 of beer to patrons 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 patrons for consumption on the beer retailer's premises, regardless of whether the business sells beer for consumption off the beer retailer's premises.
     (7) "Billboard" means any 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 any person engaged in manufacturing beer.
     (9) "Cash bar" means the service of alcoholic beverages:
     (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 a bus 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 bus and a driver to travel together to a specified destination or destinations.
     (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" and "private club" means any of the following organized primarily for the benefit of its members:
     (a) a social club;
     (b) a recreational association;
     (c) a fraternal association;
     (d) an athletic association; or
     (e) a kindred association.
     (13) "Commission" means the Alcoholic Beverage Control Commission.
     (14) "Department" means the Department of Alcoholic Beverage Control.
     (15) "Distressed merchandise" means any alcoholic beverage in the possession of the department that is saleable, but for some reason is unappealing to the public.
     (16) "Guest" means a person accompanied by an active member or visitor of a club who enjoys only those privileges derived from the host for the duration of the visit to the club.


     (17) (a) "Heavy beer" means any product that:
     (i) contains more than 4% alcohol by volume; and
     (ii) is obtained by fermentation, infusion, or decoction of any malted grain.
     (b) "Heavy beer" is considered "liquor" for the purposes of this title.
     (18) "Hosted bar" means the service of alcoholic beverages:
     (a) without charge; and
     (b) at a:
     (i) banquet; or
     (ii) privately hosted event.
     (19) "Identification card" means the identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act.
     (20) "Interdicted person" means a person to whom the sale, gift, or provision of an alcoholic beverage is prohibited by:
     (a) law; or
     (b) court order.
     (21) "Intoxicated" means that to a degree that is unlawful under Section 76-9-701 a person is under the influence of:
     (a) an alcoholic beverage;
     (b) a controlled substance;
     (c) a substance having the property of releasing toxic vapors; or
     (d) a combination of Subsections (21)(a) through (c).
     (22) "Licensee" means any person issued a license by the commission to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.
     (23) "Limousine" means any motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
     (a) in which the driver and passengers are separated by a partition, glass, or other barrier; and
     (b) that is provided by a company to an individual or individuals at a fixed charge in accordance with the company's tariff for the purpose of giving the individual or individuals the exclusive use of the limousine and a driver to travel to a specified destination or destinations.
     (24) (a) "Liquor" means alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than 1/2 of 1% of alcohol by volume and is suitable to use for beverage purposes.
     (b) "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage that has an alcohol content of less than 4% alcohol by volume.
     (25) "Local authority" means:
     (a) the governing body of the county if the premises are located in an unincorporated area of a county; or
     (b) the governing body of the city or town if the premises are located in an incorporated city or a town.
     (26) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.
     (27) "Member" means a person who, after paying regular dues, has full privileges of a

club under this title.
     (28) (a) "Military installation" means a base, air field, camp, post, station, yard, center, or homeport facility for any 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 any leased facility.
     (b) "Military installation" does not include any facility used primarily for:
     (i) civil works;
     (ii) rivers and harbors projects; or
     (iii) flood control projects.
     (29) "Minor" means any person under the age of 21 years.
     (30) "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.
     (31) "Outlet" means a location other than a state store or package agency where alcoholic beverages are sold pursuant to a license issued by the commission.
     (32) "Package" means any of the following containing liquor:
     (a) a container;
     (b) a bottle;
     (c) a vessel; or
     (d) other receptacle.
     (33) "Package agency" means a retail liquor location operated under a contractual agreement with the department, by a person other than the state, who is authorized by the commission to sell package liquor for consumption off the premises of the agency.
     (34) "Package agent" means any person permitted by the commission to operate a package agency pursuant to a contractual agreement with the department to sell liquor from premises that the package agent shall provide and maintain.
     (35) "Permittee" means any person issued a permit by the commission to perform acts or exercise privileges as specifically granted in the permit.
     (36) "Person" means any individual, partnership, firm, corporation, limited liability company, association, business trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.
     (37) "Premises" means any building, enclosure, room, or equipment used in connection with the sale, storage, service, manufacture, distribution, or consumption of alcoholic products, unless otherwise defined in this title or in the rules adopted by the commission.


     (38) "Prescription" means a writing in legal form, signed by a physician or dentist and given to a patient for obtaining an alcoholic beverage for medicinal purposes only.
     (39) (a) "Privately hosted event" or "private social function" means a specific social, business, or recreational event for which an entire room, area, or hall has been leased or rented, in advance by an identified group, and the event or function is limited in attendance to people who have been specifically designated and their guests.
     (b) "Privately hosted event" and "private social function" does not include events or functions to which the general public is invited, whether for an admission fee or not.
     (40) "Proof of age" means:
     (a) an identification card;
     (b) an identification that:
     (i) is substantially similar to an identification card;
     (ii) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
     (iii) includes date of birth; and
     (iv) has a picture affixed;
     (c) a valid driver license certificate that:
     (i) includes date of birth;
     (ii) has a picture affixed; and
     (iii) is issued:
     (A) under Title 53, Chapter 3, Uniform Driver License Act; or
     (B) in accordance with the laws of the state in which it is issued;
     (d) a military identification card that:
     (i) includes date of birth; and
     (ii) has a picture affixed; or
     (e) a valid passport.
     (41) (a) "Public building" means any building or permanent structure owned or leased by the 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 any building owned by the state or a county or local government entity when the building is used by anyone, in whole or in part, for proprietary functions.
     (42) "Representative" means an individual who is compensated by salary, commission, or any other means for representing and selling the alcoholic beverage products of a manufacturer, supplier, or importer of liquor, wine, or heavy beer.
     (43) "Residence" means the person's principal place of abode within Utah.
     (44) "Restaurant" means any business establishment:
     (a) where a variety of foods is prepared and complete meals are served to the general public;
     (b) located on a premises having adequate culinary fixtures for food preparation and dining accommodations; and
     (c) that is engaged primarily in serving meals to the general public.
     (45) "Retailer" means any person engaged in the sale or distribution of alcoholic

beverages to the consumer.
     (46) (a) "Sample" includes:
     (i) a department sample; and
     (ii) an industry representative sample.
     (b) "Department sample" means liquor, wine, and heavy beer that has been placed in the possession of the department for testing, analysis, and sampling.
     (c) "Industry representative sample" means liquor, wine, and heavy beer that has been placed in the possession of the department for testing, analysis, and sampling by local industry representatives on the premises of the department to educate the local industry representatives of the quality and characteristics of the product.
     (47) (a) "School" means any 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.
     (48) "Sell," "sale," and "to sell" means any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this title or the rules made by the commission.
     (49) "Seminude," "seminudity," or "state of seminudity" means a state of dress in which opaque clothing covers no more than:
     (a) the nipple and areola of the female human breast in a shape and color other than the natural 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.
     (50) "Sexually oriented entertainer" means a person who while in a state of seminudity appears at or performs:
     (a) for the entertainment of one or more patrons;
     (b) on the premises of:
     (i) a class D private club as defined in Subsection 32A-5-101(3); or
     (ii) a tavern;
     (c) on behalf of or at the request of the licensee described in Subsection (50)(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 (50)(b);
     (ii) an independent contractor of the licensee described in Subsection (50)(b);
     (iii) an agent of the licensee described in Subsection (50)(b); or
     (iv) otherwise of the licensee described in Subsection (50)(b).
     (51) "Small brewer" means a brewer who manufactures less than 60,000 barrels of beer and heavy beer per year.
     (52) (a) "Spirituous liquor" means liquor that is distilled.


     (b) "Spirituous liquor" includes an alcohol product defined as a "distilled spirit" by 27 U.S.C. 211 and 27 C.F.R. Sections 5.11 through 5.23.
     (53) (a) "State label" means the official label designated by the commission affixed to all liquor containers sold in the state.
     (b) "State label" includes the department identification mark and inventory control number.
     (54) (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 state employees.
     (b) "State store" does not apply to any:
     (i) licensee;
     (ii) permittee; or
     (iii) package agency.
     (55) "Supplier" means any person selling alcoholic beverages to the department.
     (56) (a) "Tavern" means any business establishment that is:
     (i) engaged primarily in the retail sale of beer to public patrons for consumption on the establishment'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 the revenue 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.
     (57) "Temporary domicile" means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely.
     (58) "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) any foreign substance; or
     (c) is otherwise considered by the department as unfit for sale.


     (59) "Visitor" means an individual that in accordance with Section 32A-5-107 holds limited privileges in a private club by virtue of a visitor card.
     (60) "Warehouser" means any person, other than a licensed manufacturer, engaged in the importation for sale, storage, or distribution of liquor regardless of amount.
     (61) "Wholesaler" means any person engaged in the importation for sale, or in the sale of beer in wholesale or jobbing quantities to retailers, other than a small brewer selling beer manufactured by that brewer.
     (62) (a) "Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not other ingredients are added.
     (b) "Wine" is considered "liquor" for purposes of this title, except as otherwise provided in this title.

Amended by Chapter 284, 2007 General Session
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Last revised: Monday, April 30, 2007