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

  • Adequate records: means legible records that contain, at a minimum:
    (a) the athletic training service plan or protocol;
    (b) an evaluation of objective findings;
    (c) the plan of care and the treatment records; or
    (d) written orders. See Utah Code 58-40a-102
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Approved: means approval by the division in collaboration with the board when used to refer to a licensing requirement. See Utah Code 58-40-102
  • Assessment: includes :
    (i) a record review;
    (ii) the implementation of standardized and non-standardized instruments, tests, and measurements; and
    (iii) the skilled observation and interview of a person. See Utah Code 58-40-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Athlete: means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization. See Utah Code 58-40a-102
  • Athletic trainer: means an individual who is licensed under this chapter and carries out the practice of athletic training. See Utah Code 58-40a-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 32B-11-101
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(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 Board of Recreational Therapy created in Section 58-40-201. See Utah Code 58-40-102
  • Board: means the Athletic Trainers Licensing Board created in Section 58-40a-201. See Utah Code 58-40a-102
  • Business associate: is a s defined under the HIPAA privacy, security, and breach notification rules in 45 C. See Utah Code 58-37f-102
  • CERCLA: means 42 U. See Utah Code 19-6-302
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • 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.
  • 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
  • De-identified: is a s defined in 45 C. 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
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Directing physician: means a physician and surgeon licensed under Section 58-67-301, an osteopathic physician and surgeon licensed under Section 58-68-301, a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by board rule. See Utah Code 58-40a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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 substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Health care facility: is a s defined in Section 26-21-2. See Utah Code 58-37f-102
  • 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, 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 32B-9-402
  • 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 32B-9-402
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 32B-9-402
  • 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 (55)(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.
  • 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 license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling 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; or
    (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township. 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
  • Mental health therapist: is a s defined in Section 58-60-102. See Utah Code 58-37f-102
  • 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.
  • 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
  • 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
  • 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;
    (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
    (h) an invitee. 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 32B-9-402
  • 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, 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
  • 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 32B-9-402
  • Person: means :Utah Code 48-2e-1156
  • 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 32B-9-402
  • 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 32B-9-402
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • practice of athletic training: means the application by a licensed and certified athletic trainer of principles and methods of:
    (a) prevention of athletic injuries;
    (b) recognition, evaluation, and assessment of athletic injuries and conditions;
    (c) immediate care of athletic injuries, including common emergency medical situations;
    (d) rehabilitation and reconditioning of athletic injuries;
    (e) athletic training services administration and organization; and
    (f) education of athletes. See Utah Code 58-40a-102
  • Practice of recreational therapy: means to engage in the paid performance of providing recreational therapy services according to the therapeutic recreation process to a person with an emotional, social, intellectual, or physical pathology. See Utah Code 58-40-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Prospective patient: means an individual who:
    (i) is seeking medical advice, medical treatment, or medical services from a practitioner; and
    (ii) the practitioner described in Subsection (2)(h)(i) is considering accepting as a patient. See Utah Code 58-37f-102
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Recreational therapy services: include :
    (i) assessing a person's need for recreational therapy treatment or intervention;
    (ii) developing an individualized treatment or intervention plan that identifies goals, objectives, and treatment strategies for a person;
    (iii) implementing the individualized treatment or intervention plan;
    (iv) documenting a person's response to the individualized treatment or intervention plan, including documenting the overall outcome of the person's treatment;
    (v) regularly evaluating a person's response to the individualized treatment or intervention plan and modifying the plan when appropriate;
    (vi) in collaboration with a person, the person's family, or other team members, developing a discharge or transition plan for the person;
    (vii) serving as a resource to help a person find recreation opportunities that will promote the person's physical, cognitive, social, behavioral, emotional, or spiritual health and well-being; and
    (viii) organizing and managing recreational services according to a written plan of operation as defined by rule of the division. See Utah Code 58-40-102
  • 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
  • Responsible party: means :
    (i) the owner or operator of a facility;
    (ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
    (iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
    (iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • 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
  • Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 32B-11-101
  • 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 48-2e-1156
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance abuse treatment program: is a s defined in Section 62A-2-101. See Utah Code 58-37f-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • therapeutic recreation: means a person-centered process that uses recreation and psychoeducational activities as intervention tools to improve the physical, cognitive, social, behavioral, emotional, or spiritual well-being of a person with an illness or a disability. See Utah Code 58-40-102
  • 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
  • Treatment or intervention plan: means a written record containing the information required by Section 58-40-602, which is composed for each patient by a person licensed under this chapter as a master therapeutic recreation specialist or a therapeutic recreation specialist. See Utah Code 58-40-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-40-501. See Utah Code 58-40-102
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-40-502. See Utah Code 58-40-102
  • 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 48-2e-1156
  • 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 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
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