The following words and phrases used in this chapter shall have the following meanings. The definitions set forth herein are intended to follow and be consistent with similar definitions set forth in Utah Code Annotated section 32B-1-102, as amended, of the Utah alcoholic beverage control act. To the extent used in this chapter, all other terms set forth in Utah Code Annotated section 32B-1-102, as amended, are hereby adopted by reference as if more particularly set forth herein.
ALCOHOLIC BEVERAGE: "Beer" or "liquor", as such terms are more particularly defined in this section.
ALCOHOLIC PRODUCT: A product that contains at least 0.5 percent of alcohol by volume, and is obtained by fermentation, infusion, decoction, brewing, distillation, or other process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol in an amount equal to or greater than 0.5 percent of alcohol by volume. Alcoholic product includes an "alcoholic beverage" as more particularly defined in this section.
BEER: A product that contains at least 0.5 percent of 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 malted grain. Beer may or may not contain hops or other vegetable products. Beer includes a product that contains alcohol in the percentages described herein and is referred to as beer, ale, porter, stout, lager or a malt or malted beverage. Beer does not include a "flavored malt beverage" as more particularly defined in this section.
BEER RETAILER: A business that is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the premises; and to whom a license is issued for an off premises beer retailer or for an on premises beer retailer, in accordance with the provisions of this chapter.
CHURCH: A building set apart for the purpose of worship, in which religious services are held, with which clergy is associated, and that is tax exempt under the laws of the state of Utah.
COMMISSION: The Utah alcoholic beverage control commission.
COMMUNITY LOCATION: A public or private school, a church, a public library, a public playground, or a public park.
DINING CLUB: An establishment as defined by Utah Code Annotated section 32B-6-404(3).
DINING CLUB LICENSE: A license issued in accordance with Utah Code Annotated sections 32B-5-101 through 32B-5-310 and 32B-6-401 through 32B-6-409.
FLAVORED MALT BEVERAGE: A beverage that contains at least 0.5 percent alcohol by volume, that 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, as amended, 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 U.S. alcohol and tobacco trade and tax bureau pursuant to 27 CFR section 25.55, as amended, or that is not exempt under subdivision (f) of 27 CFR section 25.55, as amended. Flavored malt beverage is considered "liquor" for purposes of this chapter.
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 the purposes of this chapter.
LICENSED PREMISES: Any room, house, building, structure or place occupied by any person licensed to sell beer on any premises under this title; provided, that in any multi-roomed establishment, an applicant for an on premises beer retailer - restaurant license shall designate a room or portion of the building of such business for the sale of beer, which portion so specifically designated in the application and in the license issued pursuant thereto shall be the licensed premises. Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises.
LICENSEE: Any person granted a license or a permit by the city under the provisions of this chapter. This term shall also include "staff" of the licensee as more particularly defined in this section.
LIQUOR: A liquid that is alcohol, an alcoholic, spirituous, vinous, fermented, malt, or other liquid; a combination of liquids, a part of which is spirituous, vinous or fermented; or other drink or drinkable liquid; and 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", but does not include "beer", as such terms are defined in this section.
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.
PREMISES: A building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture or distribution, of an alcoholic product, unless otherwise defined by law or rules adopted by the commission.
RESTAURANT: A business location at which a variety of foods are prepared; at which complete meals are served to the general public; and that is engaged primarily in serving meals to the general public.
SCHOOL: A building used primarily for the general education of minors. School does not include a nursery school, an infant daycare center, or a trade or technical school.
SELL OR OFFER FOR SALE: Any transaction, exchange or barter whereby, for consideration, an alcoholic product 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 staff, unless otherwise defined in this chapter or the rules adopted by the commission.
STAFF: An individual who engages in activity governed by this chapter: on behalf of a business, including a licensee, permittee, or certificate holder; at the request of the business, including a licensee, permittee or certificate holder; or under the authority of the business, including a licensee, permittee or certificate holder. Staff includes an officer, director, employee, personnel management, an agent of the licensee (including a managing agent), an operator or representative.
STATE STORE: A facility for the sale of packaged liquor located on premises owned or leased by the state and operated by state employees. "State store" does not include a licensee, permittee or package agency.
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. A trail is not a park as such term is used in the definition of "community location", as more particularly set forth herein.
WINE: An alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey or milk, or other like substances, whether or not another ingredient is added. Wine is considered "liquor" for purposes of this chapter. (Ord. 2014-38, 12-2-2014)