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5.16.010. Definitions

            The following words when used in this Chapter shall have the following meanings.

            (1)        "Alcoholic beverage" means "beer" and "liquor" as the terms are defined in this Chapter.

            (2)        "Alcoholic products" means all products that contain at least 63/100 of one percent of alcohol by volume or at least one-half of one percent by weight, and are obtained by fermentation, infusion, decoction, brewing, distillation, or any other process that uses any liquids or combinations of liquids, whether drinkable or not, to create alcohol in an amount greater than the amount prescribed in this Chapter.  "Alcoholic products" does not include common extracts, vinegars, ciders, essences, tinctures, food preparations, or over-the-counter drugs and medicines that otherwise come within this definition.

            (3)        "Beer," "light beer," "malt liquor," or "malted beverages" means all products that contain 63/100 of one percent of alcohol by volume or one-half of one percent of alcohol by weight, but not more than four percent (4%) of alcohol by volume, or three and two-tenths percent by weight, and are obtained by fermentation, infusion, or decoction of any malted grain.  Beer may or may not contain hops or other vegetable products.  The use of the term "beer" includes the terms "light beer", "malt liquor", "malt coolers", and "malted beverages" where applicable.

            (4)        "Beer retailer" means 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 commission, by a local authority, or both.

            (5)        "On-premises beer retailer" means 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.  It includes taverns.

            (6)        "Tavern" means any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment's premises, and that is licensed to sell beer under this Chapter.  "Taverns" include beer bars, parlors, lounges, cabarets, and nightclubs where the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in such establishments.

            (7)        "Church" means a building set apart primarily for the purpose 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 this state.

            (8)        "Club" and "private club" means any nonprofit corporation operating as a social club, recreational, fraternal, or athletic association, or kindred association organized primarily for the benefit of its stockholders or members.

            (9)        "Code enforcement officer" means the officer employed by Layton City for the sole purpose of the enforcement of Layton City code violations.

            (10)      "Cork-finished wine" means a container of wine stopped by a cork and finished by foil, lead, or other substance by the manufacturer.

            (11)      "General food store" means any business establishment primarily engaged in selling food and grocery supplies to public patrons for off-premises consumption.

            (12)      "Guest" means a person accompanied by an active member or visitor of a club who enjoys only those privileges derived from the host for the duration of the visit to the club.

            (13)      "Heavy beer" means all products which contain more than four percent (4%) alcohol by volume obtained by fermentation, infusion, or decoction or any malted grain.  "Heavy beer" is considered liquor for the purpose of this Chapter.

            (14)      "Interdicted person" means any person to whom the sale, gift, or provision of an alcoholic beverage is prohibited by law or court order.

            (15)      "Licensee" means any person issued a license by the City to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.

            (16)      "Liquor" means 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 more than one-half of one percent of alcohol by volume and is suitable to use for beverage purposes.  "Liquor" does not include any beverage defined as beer, malt liquor, or malted beverages that has an alcohol content of less than four percent (4%) alcohol by volume.

            (17)      "Local authority" means the Layton City legislative body.

            (18)      "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for the personal use or for sale or distribution to others.

            (19)      "Member" means a person, who after paying regular dues, has full privileges of a club under this Chapter.

            (20)      "Minor" means any person under the age of twenty-one (21) years.

            (21)      "Outlet" means a location other than a state store or package agency where alcoholic beverages are sold pursuant to a license issued by local authority.

            (22)      "Package" means any container, bottle, vessel, or other receptacle containing liquor.

            (23)      "Person" means 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 member, unless the intent to give a more limited meaning is disclosed by the context.

            (24)      "Premises" means any building, enclosure, room, or equipment used in connection with the sale, storage, service, manufacture, distribution, or consumption of alcoholic products, unless otherwise defined in this Chapter.

            (25)      "Public building" means any building or permanent structure owned or leased by the state, a county or local government entity that is used for public education, transacting public business, or regularly conducting government activities.  "Public building" does not mean or refer to any building owned by the state, or a county or local government entity when the building is used by anyone, in whole or in part, for proprietary functions.

            (26)      "Public entrances and exits," as used in this Chapter, shall mean access points that are required to remain unlocked during business hours that are to be used by the general public, and does not include emergency or other exits or access points.

            (27)      "Public place" means and refers to any of the following that are open to and generally used by the public:

                        (a)        Streets, roads, and alleys of incorporated cities and towns;

                        (b)        State or county highways or roads;

                        (c)        Buildings and grounds used for school purposes, and public dance halls and adjacent grounds;

                        (d)        Any place of public resort or amusement, unless otherwise defined in this Chapter;

                        (e)        Lobbies, halls, and dining rooms of hotels, restaurants, theaters, stores, garages, and service stations;

                        (f)        Any public conveyance, and its depots and waiting rooms that are open to unrestricted use and access by the public;

                        (g)        Publicly owned bathing beaches, parks, or playgrounds; and

                        (h)        All other places that, under this Chapter have been declared to be a public place.

            (28)      "Residence" means the principal place of abode within Utah of a person who has a present intention to continue residency within Utah permanently or indefinitely.

            (29)      "Restaurant" means any business establishment where a variety of foods are prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public.

            (30)      "Retailer" means any person engaged in the sale or distribution of alcoholic beverages to the consumer.

            (31)      "Sell," "sale," and "to sell" means any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage 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 an agent, servant, or employee, unless otherwise defined in this Chapter.

            (32)      "School" means any building, public or private, used primarily for the general education of minors.  "School" in addition to its common usage, includes, but is not limited to, nursery schools or infant day care centers, or trade or technical schools.

            (33)      "Transaction," as used in the Chapter, means the particular portion of the exchange of legal tender for alcoholic beverages wherein the age of the purchaser is determined and the amount of the purchase is entered manually or mechanically on the licensee's standard record keeping devise.  Acts incidental to the transaction shall not be considered part of the transaction or beer sales transaction.

            (34)      "Visitor" means a person holding limited privileges in a club by virtue of a visitor card purchased from the club and authorized by a sponsoring member of the club.

            (35)      "Warehouser" means any person, other than a licensed manufacturer, engaged in the importation for sale, storage, or distribution of liquor regardless of the amount.

            (36)      "Wholesaler" means any person, other than a licensed manufacturer, engaged in the importation for sale, or in the sale of beer, malt liquor, or malted beverages, in wholesale or quantities to retailers.

            (37)      "Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not other ingredients are added.  "Wine" is considered liquor for the purpose of this Chapter.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 964, Amended, 10/1/1992
Ord. No. 1053, Amended, 8/24/1994
Ord. No. 97-18, Amended, 4/17/1997

Municipal Code (PDF Format)



 
 
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