All words and phrases as used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context:
ACT: The Utah Alcoholic Beverage Control Act as found in Utah Code Annotated section 32B-1-101, et seq.
ALCOHOLIC BEVERAGE: A beverage consisting of beer or liquor as the terms are defined in this section.
BANQUET: An event that is held at one or more designated locations approved by the City or on the premises of a hotel, resort facility, sports center, or convention center for which there is a contract between a person operating a facility listed above and another person and under which the person operating a facility is required to provide an alcoholic product at the event and at which foods and alcoholic products may be sold, offered for sale or furnished.
BAR ESTABLISHMENT LICENSE: A license issued to an equity organization, fraternal organization, or a bar which allows for the storage, sale, service and consumption of on-premises alcoholic beverages where a variety of on-premises prepared food must be available for the customer the entire time the bar is open; but, there is no required percentage of food sales.
BEER: A product that contains at least 0.5 percent alcohol by volume, but not more than four percent (4%) of alcohol by volume or 3.2 percent by weight, and is obtained by fermentation, infusion, or decoction of any malted grain. Such products may or may not contain hops or other vegetable products. Beer includes products referred to as beer, ale, porter, stout lager or a malt or malted beverage. Beer does not include a flavored malt beverage.
BEER-ONLY RESTAURANT LICENSE: An establishment that is issued a license which allows for the storage, sale, service, and consumption of beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains a percentage of the total restaurant business from the sale of food as required by the Act.
BREWER: Any person or facility engaged in manufacturing beer, heavy beer, or flavored malt beverage.
CHURCH: A building set apart for the purpose of worship, in which religious services are held, with which clergy is associated and which is tax exempt under the laws of this State.
CITY: Draper City.
COMMISSION: The Alcoholic Beverage Control Commission as defined in the Act.
COMMUNITY LOCATION: A public or private school, church, public library, public playground, or public park.
CONTAINER: A receptacle that contains an alcoholic product, including a bottle, a vessel, or a similar item.
EMPLOYEE: Any person who is employed by any establishment covered by this chapter during hours such establishment is open to its members or to the public, whether or not pecuniary compensation is provided or offered therefor.
EQUITY LICENSE: A license having the same meaning as defined in the Act.
FLAVORED MALT BEVERAGE: A beverage that contains at least 0.5 percent alcohol by volume, is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer as described in 27 CFR section 25.55 and to which is added a flavor or other ingredient containing alcohol, except for a hop extract; and for which the producer is required to file a formula for approval with the Federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR section 25.55, or that is not exempt under subdivision (f) of 27 CFR section 25.55. A flavored malt beverage is considered liquor.
FRATERNAL LICENSE: A license having the same meaning as defined in the Act.
FULL-SERVICE HOTEL: A hotel that offers full availability of requisite standardized industry amenities which are not limited to, but including the following: on-premises restaurant, room service, business center, concierge, fitness center, banquet halls, various room type selection such as suites.
FULL-SERVICE RESTAURANT LICENSE: A license that allows for the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is primarily engaged in serving meals to the general public, where patrons may only purchase alcoholic beverages in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains a percentage of the total restaurant business from the sale of food as required by the Act.
HEAVY BEER: A product that contains more than four percent (4%) alcohol by volume and is obtained by fermentation, infusion, or decoction of malted grain. Heavy beer is considered liquor for purposes of this chapter.
LICENSED PREMISES: A building, enclosure or room occupied by any person licensed to sell alcoholic beverages on any premises under this chapter or the Act.
LICENSEE: A person granted a license under this chapter. This term shall also include any employee, management or personnel of the licensee.
LIMITED-SERVICE RESTAURANT: A restaurant that is issued a liquor license which allows for the storage, sale, service, and consumption of wine, beer and heavy beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase wine, beer, and heavy beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains a percentage of the total restaurant business from the sale of food as required by the Act.
LIQUOR: Alcohol or an alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, or all other drink, or drinkable liquid that contains at least 0.5 percent alcohol by volume and is suitable to use for beverage purposes. "Liquor" includes heavy beer, wine and a flavored malt beverage. "Liquor" does not include any beverage defined as beer.
MANUFACTURE: To distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.
MANUFACTURER LICENSE: A license granted under the Act, which includes a brewer, winery or distillery.
MEMBER: A person, who after paying regular dues, has full privileges of an equity licensee or fraternal licensee under this chapter.
MINOR: Any person under the age of twenty one (21) years.
OFF-PREMISES BEER RETAILER: A beer retailer who is licensed and engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises.
ON-PREMISES BANQUET LICENSE: A license which allows the sale, storage, service and consumption of alcoholic beverages on the premises (not open to the general public) in connection with a banquet such as a hotel, resort facility, sports center or convention center as defined in the Act.
ON-PREMISES BEER RETAILER: A beer retailer who is authorized to sell, offer for sale, or furnish beer under a license issued in accordance with the Act and is engaged in the sale of beer to a patron for consumption on the beer retailer's premises and is operated as a tavern.
OUTLET: A location other than a State store or package agency where alcoholic beverages are sold pursuant to a license issued by local authority.
PARK: A piece of public ground that is set apart for the use of the public, whether developed or undeveloped, and that is usually, or may be, planted with trees, lawns, or other shrubbery. The park may include facilities for sport, entertainment, dancing, recreation, or swimming, or a park may be planned for such future use of any and all other facilities. A park may consist solely of a single purpose facility, either actual or proposed, such as an equestrian park, open-air theater, or playground. For purposes of this chapter, a golf course is not a park. A trail is not considered a park for these purposes.
PERSON: An 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.
PLAYGROUND: A public, private or neighborhood area which may or may not include play equipment where children go for physical activity or to play.
PREMISES: Any building, enclosure, designated area, or room used in connection with the sale, storage, furnishing, manufacture, distribution or consumption of alcoholic product, unless otherwise defined in this chapter.
PRIVATE EVENT: A specific social, business, or recreational event for which an entire room, area or hall is leased or rented in advance by an identified group, and that is limited in attendance to people who are specifically designated and their guest. A private event does not include an event to which the general public is invited whether for an admission fee or not.
RECEPTION CENTER: A business that operates facilities that are at least five thousand (5,000) square feet, and has as its primary purpose the leasing of the facilities to a third party for the third party's event.
RECEPTION CENTER LICENSE: A license that allows for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated as a reception center.
RESTAURANT: A business establishment engaged primarily in serving meals at which a variety of foods are prepared and complete meals are served. For the purposes of this chapter, restaurant includes a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee.
RETAILER: A person engaged in the sale or distribution of an alcoholic beverage to a consumer.
SCHOOL: A building used primarily for the general education of minors. "School" does not include a nursery school, an infant day care center, or a trade or a technical school.
SELL, SALE, OR TO SELL: A transaction, exchange, or barter whereby, for consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by means or under 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 chapter or the rules made by the commission.
SERVE: To place an alcoholic product before an individual.
SINGLE EVENT: A convention, civic, or community enterprise conducted by a bona fide corporation, church, political organization, or association or a recognized subordinate lodge, chapter, or other local unit thereof. A single event permit includes both a one hundred twenty (120) hour single event permit, which authorizes the storage, sale, offering for sale, furnishing and consumption of liquor for a period not to exceed one hundred twenty (120) consecutive hours; or a seventy two (72) hour single event permit, which authorizes the storage, sale, offering for sale, furnishing, and consumption of liquor for a period not to exceed seventy two (72) consecutive hours; or a temporary beer event permit.
SPECIAL USE PERMIT: A permit issued by the commission for the purchase, sale, storage, use, consumption, or manufacture of alcoholic products in limited types and quantities, and for limited purposes. Permits may be granted for the following purposes: a religious wine use permit; an industrial or manufacturing use permit; a scientific or educational use permit; or a public service permit.
STAFF: An individual who engages in activity governed by this chapter on behalf of a business, at the request of the business, or under the authority of the business. Staff includes an officer, a director, an employee, personnel management, an agent including a managing agent, an operator or a representative.
STATE STORE: A facility for the sale of package liquor located on premises owned or leased by the State and operated by a State employee. The term "State store" does not apply to a licensee, permittee, or package agency.
TAVERN: A business establishment that is engaged primarily in the retail sale of beer to a public patron for consumption on the establishment's premises. "Tavern" includes beer bar, parlor, lounge, cabaret, and night club 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.
TRAIL: A linear corridor of property which is planned as part of the Parks and Trails Master Plan or recognized as a City facility by the Parks and Trails Master Plan, although not classified as a park, and maintained by the City for the purpose of recreation and alternate transportation as a part of the transportation system, thus not designed or intended for use by unaccompanied small children. A trail is not a park for purposes of this chapter.
WINE: An alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added. Wine is considered liquor for the purposes of this chapter. (Ord. 1317, 3-27-2018; amd. Ord. 1527, 3-1-2022)