5.08.010 Definitions.
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:
“Alcohol-related business” means any enterprise, business, or operation that allows a person to hold, store, possess, or consume an alcoholic product on the premises of the business such as a restaurant, association, bar or any similar business which is required to obtain and maintain a state issued license as defined in this chapter and any off-premise beer retailer as defined by this chapter.
“Alcohol training and education seminar” means a seminar required by Title 32B, Chapter 5, Part 4, Alcohol Training and Education Act, of the Utah State Code and as described in Section 62A-15-401.
“Alcoholic beverage” means beer or liquor.
“Alcoholic product” means a product that:
a. Contains at least one-half of one percent (0.5%) of alcohol by volume; and
b. 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 one-half of one percent (0.5%) of alcohol by volume.
c. “Alcoholic product” includes an alcoholic beverage.
d. “Alcoholic product” does not include any of the following common items that otherwise come within the definition of an alcoholic product:
i. An extract, except an extract containing alcohol obtained by distillation when it is used as flavoring in the manufacturing of an alcoholic product;
ii. Vinegar;
iii. Cider;
iv. Essence;
v. Tincture;
vi. Food preparation; or
vii. An over-the-counter medicine.
“Bar establishment license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, of the Utah Code.
a. “Bar establishment license” includes licenses designated by the Alcoholic Beverage Control Commission as:
i. A dining club license;
ii. An equity license;
iii. A fraternal license; or
iv. A bar license.
“Beer” means any beverage containing not less than one-half of one percent (0.5%), but not more than four percent (4%), of alcohol by volume, or three and two-tenths percent (3.2%) weight and is obtained by the alcoholic fermentation of an infusion or decoction of any malted grain or similar products.
a. Beer may or may not contain hops or other vegetable products.
b. Beer includes beverages referred to as beer, ale, stout, lager, and porter.
c. Beer includes malt or malted beverages but does not include a flavored malt beverage.
d. Beer does not include heavy beer.
“Beer-only restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License, of the Utah Code.
“Beer retailer” means a business that:
a. Is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and:
i. Is licensed as an off-premise beer retailer by Lindon City; or
ii. Is licensed by the Utah Department of Alcoholic Beverage Control as an on-premise beer retailer.
“Beer wholesaling license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 13, Beer Wholesaling License Act, of the Utah Code.
“Brewery manufacturing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 11, Part 5, Brewery Manufacturing License, of the Utah Code.
“Church” means a building set apart for worship in which religious services are held and with which clergy is associated, and that is tax exempt under the laws of the state of Utah.
“Community location” means a:
a. Public or private school.
i. For purposes of this chapter, “school” means a building used primarily for the general education of minors and does not include an educational facility as defined in this chapter;
b. A church;
c. A public library;
d. A public playground; and
e. A public park.
“Convention center” means a facility that is in total at least thirty thousand (30,000) square feet and as may be further defined by rules adopted by the Utah Department of Alcoholic Beverage Control.
“Distillery manufacturing license” means a license issued by the Utah Department of Alcoholic Beverage Control in accordance with Title 32B of the Utah Code, Chapter 11, Part 4, Distillery Manufacturing License.
“Education facility” includes a nursery school, an infant day care center, and a trade or technical school, but does not include a public or private school as defined by this chapter.
“Flavored malt beverage” means a beverage that contains at least one-half of one percent (0.5%) alcohol by volume and as is further defined in Section 32B-1-102 of the Utah Code.
a. For purposes of this chapter, “flavored malt beverage” is considered a liquor.
“Full-service restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License, of the Utah Code.
“Heavy beer” means beer, as defined herein, containing more than four percent (4%) alcohol by volume.
a. For purposes of this chapter, “heavy beer” is considered a liquor.
“Hotel license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act, of the Utah Code.
“Identification card” means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act, of the Utah Code.
“Intoxicated” means that a person 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, or a substance having the property of releasing toxic vapors; and exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product, the abovementioned substances, or a combination of the same.
“Limited-service restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 4, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License, of the Utah Code.
“Lindon City off-premise beer retailer license” means a license issued by Lindon City in accordance with the provisions of this chapter.
“Liquor” means a liquid that:
a. Is alcohol, 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 containing more than one-half of one percent (0.5%) of alcohol by volume; and all mixtures, compounds or preparations, whether liquid or not, which contain more than one-half of one percent (0.5%) of alcohol by volume, and which are capable of human consumption.
b. “Liquor” includes:
i. Flavored malt beverages;
ii. Heavy beer; and
iii. Wine.
c. “Liquor” does not include beer.
“Liquor warehousing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 12, Liquor Warehousing License Act, of the Utah Code.
“Manufacture” means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.
“Minor” means an individual under the age of twenty-one (21) years.
“Off-premise beer retailer” means a beer retailer who is licensed by Lindon City, in accordance with this chapter and by the Utah Department of Alcoholic Beverage Control in accordance with Title 32B, Chapter 7, Off-Premise Beer Retailer Act, of the Utah Code, and who is engaged in the retail sale of beer to a patron for consumption off of the beer retailer’s premises.
a. “Off-premise beer retailer” does not include an on-premise beer retailer.
“On-premise banquet license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
“On-premise beer retailer” means a beer retailer who is authorized to sell, offer for sale, or furnish beer under a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License, of the Utah Code, and who is engaged in the sale of beer for consumption on the licensed premises.
“Proof of age” means an identification card.
a. “Proof of age” includes the following, provided they include the date of birth and have a picture affixed:
i. A valid driver license issued by the state of Utah;
ii. A valid driver license from any other state;
iii. A military identification; or
iv. A valid passport.
b. “Proof of age” does not include a driving privilege card issued pursuant to Section 53-3-207 of the Utah Code.
“Reception center” means 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” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
“Resort license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 8, Resort License Act.
“Responsible alcohol service plan” means a written set of policies and procedures that outlines measures to prevent employees from over-serving alcoholic beverages to customers, serving alcoholic beverages to customers who are intoxicated, and serving alcoholic beverages to minors as required by the Utah Alcoholic Beverage Control Act.
“Sell” or “to sell,” when used in this chapter, means to solicit, or to receive an order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in, for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and “sale” when so used shall include every act of selling as above defined.
“Special use permit” means a permit issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 10, Special Use Permit Act, of the Utah Code.
“State issued retail alcohol license” means any of the following licenses as defined in this chapter:
a. A bar establishment license;
b. A beer-only restaurant license;
c. A beer wholesaling license;
d. A brewery manufacturing license;
e. A distillery manufacturing license;
f. A full-service restaurant license;
g. A hotel license;
h. A limited-service restaurant license;
i. A liquor warehousing license;
j. A state off-premise beer retailer license;
k. An on-premise banquet license;
l. A reception center license;
m. A resort license;
n. A special use permit;
o. A temporary beer event permit; and
p. A winery manufacturing license.
“State off-premise beer retailer license” means a state license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 7, Part 4, Off-Premise Beer Retailer State License, of the Utah Code.
“Temporary beer event permit” means a permit issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 9, Part 4, Temporary Beer Event Permit, of the Utah Code.
“Wine” means an alcoholic product 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.
a. For purposes of this chapter, “wine” is considered a liquor.
“Winery manufacturing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 11, Part 3, Winery Manufacturing License, of the Utah Code. (Ord. 2018-11 §1, amended, 2018; Ord. 126 §3, amended, 1985; Prior code §6-2; Ord. 98-1, repealed and replaced, 2000)