Section 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.Utah Admin. Code R82-1-102
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2021-24, effective 12/1/2021Amended by Utah State Bulletin Number 2022-24, effective 12/1/2022Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023Amended by Utah State Bulletin Number 2024-23, effective 11/22/2024