Part 1 General Provisions 32B-10-101 – 32B-10-102
Part 2 Special Use Permitting General Provisions 32B-10-201 – 32B-10-207
Part 3 Public Service Permit 32B-10-301 – 32B-10-304
Part 4 Industrial or Manufacturing Use Permit 32B-10-401 – 32B-10-404
Part 5 Scientific or Educational Use Permit 32B-10-501 – 32B-10-503
Part 6 Religious Use of Alcoholic Products 32B-10-601 – 32B-10-605
Part 7 Health Care Facility or Practitioner Use of Alcoholic Products 32B-10-701 – 32B-10-704

Terms Used In Utah Code > Title 32B > Chapter 10 - Special Use Permit Act

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (12)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-37f-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
  • Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
  • CERCLA: means 42 U. See Utah Code 19-6-302
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Clandestine laboratory operation: means the:
    (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;
    (ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
    (iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
    (iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;
    (v) illegal manufacture of specified controlled substances; or
    (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Container: means a receptacle that contains an alcoholic product, including:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit opioid: means an opioid or container or labeling of an opioid that:
    (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and
    (B) a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or
    (A) is falsely represented to be any legally or illegally manufactured opioid; and
    (B) a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Database: means the controlled substance database created in Section 58-37f-201. See Utah Code 58-37f-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Facility: means :
    (i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
    (ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See Utah Code 19-6-302
  • Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
  • Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
  • health care facility: means a facility that is licensed by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 32B-10-702
  • Health care practitioner: means :
    (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
    (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
    (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
    (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
    (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
    (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
    (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
    (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
    (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
    (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
    (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
    (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
  • Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2
  • Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2
  • Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:
    (i) compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid;
    (ii) conversion of cocaine or methamphetamine to their base forms; or
    (iii) extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2
  • Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
    (a) law; or
    (b) court order. See Utah Code 32B-1-102
  • Intoxicated: means that a person:
    (a) is significantly impaired as to the person's mental or physical functions as a result of the use of:
    (i) an alcoholic product;
    (ii) a controlled substance;
    (iii) a substance having the property of releasing toxic vapors; or
    (iv) a combination of Subsections (58)(a)(i) through (iii); and
    (b) exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product. See Utah Code 32B-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (d) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (e) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (f) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Local authority: means :
    (a) for premises that are located in an unincorporated area of a county, the governing body of a county;
    (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or
    (c) for premises that are located in a project area as defined in Section 63H-1-201 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
  • 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. See Utah Code 32B-1-102
  • Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
  • National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
    (a) a customer;
    (b) a member;
    (c) a guest;
    (d) an attendee of a banquet or event;
    (e) an individual who receives room service;
    (f) a resident of a resort; or
    (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2
  • Person: means :Utah Code 68-3-12.5
  • Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2
  • Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Utah Code 58-37e-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Prescription: means an order issued by a health care practitioner when:
    (a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
    (b) the order is made in the course of that health care practitioner's professional practice; and
    (c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
  • Probate: Proving a will
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • real property: includes :Utah Code 68-3-12.5
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Regulated transaction: means any actual, constructive or attempted:
    (a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
    (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
  • Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
  • Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
  • Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
  • Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
    (a) in both number of sales and volume of sales; and
    (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Site: means land used for the treatment, disposal, or storage of hazardous wastes. See Utah Code 19-6-202
  • Siting plan: means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. See Utah Code 19-6-202
  • special use permit: means a special use permit issued under this chapter, including:
    (1) a religious wine use permit;
    (2) an industrial or manufacturing use permit;
    (3) a scientific or educational use permit; and
    (4) a public service permit. See Utah Code 32B-10-102
  • Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: means the containment of hazardous wastes for a period of more than 90 days. See Utah Code 19-6-202
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3
  • Treatment: means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal. See Utah Code 19-6-202
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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