A. As used in this chapter:
ALCOHOL TRAINING AND EDUCATION SEMINAR: A seminar that is:
1. Required by chapter 5, part 4, Alcohol Training and Education Act; and
2. Described in section 62A-15-401, Utah Code Annotated.
ALCOHOLIC BEVERAGES: "Beer" and "liquor" as the terms are defined in this section.
ALCOHOLIC PRODUCT: A product that:
1. Contains at least 0.5 percent of alcohol by volume;
2. 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;
3. Includes an alcoholic beverage, but not the following items:
a. Except as otherwise defined below, an extract;
b. Vinegar;
c. Cider;
d. Essence;
e. Tincture;
f. Food preparation; or
g. An over-the-counter medicine.
4. Includes an extract containing alcohol obtained by distillation when it is used as a flavoring in the manufacturing of an alcoholic product.
BANQUET: An event:
1. That is held at one (1) or more designated locations approved by the City or on the premises of a:
a. Hotel;
b. Resort facility;
c. Sports center; or
d. Convention center;
2. For which there is a contract:
a. Between a person operating a facility listed above and another person;
b. Under which the person operating a facility listed above is required to provide an alcoholic product at the event; and
c. At which foods and alcoholic products may be sold, offered for sale, or furnished.
BAR ESTABLISHMENT LICENSE: A license issued by the City to license bar establishments, as defined under State Code, and includes dining clubs or social clubs. However, a bar establishment license issued by the City does not include an equitable or fraternal club license, which are issued separate City licenses.
BEER: Any and all products that:
1. 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 are obtained by fermentation, infusion or decoction of any malted grain.
2. Is a product that:
a. Contains alcohol in the percentages described above; and
b. Is referred to as:
(1) Beer;
(2) Ale;
(3) Porter;
(4) Stout;
(5) Lager; or
(6) A malt or malted beverage.
3. Beer does not include a flavored malt beverage.
BEER RETAILER: Any business establishment engaged, primarily or incidentally, in the retail sale or distribution of beer to public patrons, whether for consumption on or off the establishment's premises, and that is licensed to sell beer by the City.
Off Premises Beer Retailer: Any beer retailer engaged, primarily or incidentally, in the sale or distribution of beer to public patrons for consumption off the premises;
On Premises Beer Retailer: Any beer retailer engaged, primarily or incidentally, in the sale or distribution of beer to public patrons for consumption on the beer retailer's premises, including but not limited to taverns, as defined in this chapter.
CHURCH: A building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose, and which is tax exempt under the laws of the State.
CITY: Murray City Corporation.
COMMISSION: The Alcoholic Beverage Control Commission of the State of Utah as defined in section 32B-2-201 of the Utah Code Annotated.
COMMUNITY LOCATION: A public or private school, a church, a public library, a public playground, or a public park.
CONTAINER: A receptacle that contains an alcoholic product, including a bottle, a vessel or a similar item.
DISPENSE: Subject to subsection 2 of this definition:
1. Drawing of an alcohol product from an area where it is stored; and using the alcohol product on the premises of the licensed premises to mix or prepare an alcohol product to be furnished to a patron of the retail licensee;
2. The above definition of "dispense" only applies to:
a. A full-service restaurant license;
b. A limited-service restaurant license;
c. A reception center license; and
d. A beer-only restaurant license.
EDUCATIONAL FACILITY: Includes a nursery school, an infant day care center, and a trade and technical school.
EMPLOYED: Performing any type of work or assistance for or on behalf of any establishment covered by this chapter, at 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.
EMPLOYEE: Any person who is employed, as defined in this section, by any establishment covered by this chapter, whether the person is employed on a contractual basis, by fixed salary, or by any other means.
EMPLOYER: Any establishment, or the principals thereof, covered by this chapter.
FLAVORED MALT BEVERAGE: A beverage:
1. That contains at least 0.5 percent alcohol by volume;
2. That is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of beer under 27 CFR section 25.55;
3. To which is added a flavor or other ingredient containing alcohol, except for a hop extract; and
4. 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.
"Flavored malt beverage" is considered a liquor for purposes of this chapter.
FURNISH: By any means to provide with, supply, or give an individual an alcoholic product, by sale or otherwise, and includes serving, delivering or otherwise making available.
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 a liquor for purposes of this chapter.
INTOXICATED PERSON: A person that:
1. Is significantly impaired as to the person's mental or physical functions as a result of the use of an alcoholic product, a controlled substance, a substance having the property of releasing toxic vapors, or a combination of the preceding; or
2. Exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product or a controlled substance.
LIQUOR: 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 at least 0.5 percent of 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 herein as a "beer".
MINOR: Any person under the age of twenty one (21) years.
OUTLET:
1. A State store;
2. A package agency; or
3. A retail licensee.
"Outlet" does not include an airport lounge licensee or a restaurant.
PATRON: An individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product.
PERSON: Any individual, partnership, firm, corporation, 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: 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.
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.
RESTAURANT: Any business establishment where a variety of foods are prepared and complete meals are served to the general public, and that is engaged primarily in serving meals to the general public. For the purposes of this chapter, restaurant includes: 1) a full-service restaurant licensee; 2) a limited-service restaurant licensee; or 3) a beer-only restaurant licensee.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to a consumer.
RETAILER LICENSE: Unless otherwise specifically defined, means one (1) of the licenses or permits issued under this chapter.
SCHOOL: Any building used primarily for the general education of minors. "School" does not include an educational facility.
SELL, OR OFFER TO SELL: Any transaction, exchange, or barter whereby, for any 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.
SERVE: To place an alcoholic product before an individual.
SINGLE EVENT PERMIT:
1. A 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
2. A 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.
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.
TAVERN: An on-premises beer retailer who is:
1. Issued a license by the commission in accordance with chapter 5, Retail License Act, and chapter 6, part 7, on-premises beer retailer license, found in the Utah Code Annotated, as amended; and
2. Designated by the commission as a tavern in accordance with chapter 6, part 7, on-premises beer retailer license, found in the Utah Code Annotated, as amended.
WHOLESALER: Any person other than a brewer or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities.
B. The definitions of words and phrases contained in the Utah Alcoholic Beverage Control Act not specifically enumerated in this chapter are adopted by reference. (Ord. 17-18)