Utah Admin. Code R82-1-102 - Definitions
(1) Authority. This rule is made pursuant to
Sections 32B-1-102 and 32B-2-202.
(2) Definitions of terms in the Act are used
in Title R82, except where the context of the terms in Title R82 clearly
indicates a different meaning.
(3)
As used in Title R82:
(a) "Act" means the
Title 32B, Alcoholic Beverage Control Act.
(b) "Commission" means the Utah Alcoholic
Beverage Services Commission.
(c)
(i) "Controlled group of manufacturers" means
a group of incorporated or non-incorporated alcohol manufacturers that are
related directly or indirectly through more than 50% common ownership or
control by any person;
(ii)
"Controlled group of manufacturers" includes an alcohol manufacturer if more
than 50% of the alcohol manufacturing entity is owned or controlled directly or
indirectly either by, or in common with, another alcohol
manufacturer.
(d)
"Department" or "DABS" means the Utah Department of Alcoholic Beverage
Services.
(e) "Director" means the
director of the Department of Alcoholic Beverage Services.
(f) "Guest room" means a space normally
utilized by an individual for occupancy, usually a traveler who lodges at an
inn, hotel, or resort.
(g)
"Manager" means, depending on the context:
(i)
a person chosen or appointed to manage, direct, or administer the affairs of
another person, corporation, or company;
(ii) an individual chosen or appointed to
direct, supervise, or administer the operations at a licensed business;
or
(iii) an individual who
supervises the furnishing of an alcoholic product to another, regardless of the
exact employment title that the individual holds.
(h) "Person" means the same as that term is
defined in Section 68-3-12.5.
(i)
"Point of sale" means that portion:
(i) of a
package agency, restaurant, limited restaurant, beer-only restaurant, airport
lounge, on-premise banquet premises, reception center, recreational amenity
on-premise beer retailer, tavern, single event permitted area, temporary
special event beer permitted area, or public service special use permitted area
that has been designated by the Department as an alcoholic beverage selling
area; or
(ii) of an establishment
that sells beer for off-premise consumption where the beer is displayed or
offered for sale.
(j)
"Respondent" means a licensee, permittee, or employee or agent of a licensee or
permittee, or other entity against whom a letter of admonishment or notice of
agency action is directed.
(k)
"Staff" or "authorized staff member" means a person authorized by the director
of the Department to perform a particular act.
(l) "Subpart" refers to subsections of this
rule.
(m) "Utah alcoholic beverage
control laws" means any Utah statute, Commission rule, or municipal or county
ordinance relating to the manufacture, possession, transportation,
distribution, sale, supply, wholesale, warehousing, or furnishing of alcoholic
beverages.
(n) "Warning sign" means
a sign no smaller than 8.5 inches high by 11 inches wide, clearly readable,
stating: "Warning: drinking alcoholic beverages during pregnancy can cause
birth defects and permanent brain damage for the child. Call the Utah
Department of Health and Human Services at INSERT MOST CURRENT TOLL-FREE NUMBER
with questions or for more information" and "Warning: Driving under the
influence of alcohol or drugs is a serious crime that is prosecuted
aggressively in Utah." The two warning messages shall be in the same font size
but different font styles that are no smaller than 36 point bold. The font size
for the health department contact information shall be no smaller than 20 point
bold.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.