9-3-1. Definitions.
All words and phrases used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context:

(1) "Alcoholic beverages" means and includes beer and liquor, as they are defined herein.

(2) "Beer," "light beer," "malt liquor," or "malted beverages" means all products that contain 63/100 of 1% of alcohol by volume or ½ of 1% of alcohol by weight, but not more than 4% of alcohol by volume or 3.2% 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.

(3) "Cabaret" means any room, house, building, or structure or place occupied by any person having a Class A or B beer license, wherein a dance floor is provided for patrons or entertainers to dance.

(4) "Licensee" means any persons holding any beer, liquor or private club license in connection with the operation of a place of business or private club. This term shall also include any employee of the licensee.

(5) "Licensed premises" means any room, house, building, structure or place occupied by any person licensed to sell beer or to allow the consumption of liquor on such premises under this title: provided, that in any multi-roomed establishment, an applicant for Class B license shall designate a room or portion of a building of such business for consumption or 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.

(6) (a) "Liquor" means alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids, a part of which is spiritous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than ½ of 1% of alcohol by volume and are suitable to use for beverage purposes;

(b) "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage that has an alcohol content of less than 4% alcohol by volume.

(7) "Lounge" means any room, house, building or structure, or place occupied by any person having a Class B or C beer license, where no dance floor is provided for patrons to dance.

(8) "Nuisance" means any room, building, structure or place which is licensed under the provisions of this title, where:

(a) alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Alcoholic Beverage Control Act of Utah or this chapter, or where persons resort for drinking beverages contrary to the Alcoholic Beverage Control Act of Utah, or of this title;

(b) entertainers are allowed to perform or simulate sexual intercourse, masturbation, sodomy, bestiality, copulation, flagellation or any sexual acts prohibited by law;

(c) performers simulate or actually touch, caress or fondle breasts, buttocks, anus or genitalia;

(d) persons are allowed to actually display or simulate the display of pubic hair, female nipples, vulva or genitalia;

(e) persons are permitted, allowed or not impeded from touching, caressing or fondling the breast(s), buttock(s), anus or genitalia of an entertainer, or that portion of an entertainer's clothing covering the breast(s), buttock(s), anus or genitalia;

(f) the licensee permits any person to remain in or upon licensed premises who exposes to public view any portion of his or her genitalia, nipples, buttock(s) or anus;

(g) films or pictures are displayed depicting acts which are prohibited above from being performed live on the licensed premises;

(h) persons under the age of twenty-one are permitted to purchase or drink beer; or

(i) applicable laws or ordinances governing licensee's business operation are violated by the licensee or his agents or patrons with the consent or knowledge of the licensee.

(9) "Place of business" as used in connection with the issuance of a beer license, means and includes cafes, restaurants, public dining rooms, cafeterias, lounges, taverns, cabarets, and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined.

(10) "Restaurant" as used in connection with the issuance of a Class B retail license, means premises where a variety of hot food is served for consumption on the premises and where no more than 40 percent of the gross volume of business is derived from the sale of beer sold at such premises.

(11) "Retailer" means any person engaged in the sale or distribution of beer to the consumer.

(12) "Sell" or "to sell" when used in this title in any provision, means to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to posses 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.

(13) "Wholesaler" means any person other than a brewer or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities. (Ord. 95-19, 9/12/95;Ord. 92-5, 9/1/92)