|Part 1||General Provisions||32B-12-101 – 32B-12-102|
|Part 2||Liquor Warehousing License Process||32B-12-201 – 32B-12-206|
|Part 3||Operational Requirements for Liquor Warehousing License||32B-12-301 – 32B-12-302|
Terms Used In Utah Code > Title 32B > Chapter 12
- Abatement action: includes control of the source of the contamination. See Utah Code 19-6-302
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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.
- Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
- 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
- Beer wholesaling license: means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
- Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
- 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.
- 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.
- Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Event permit: means :
(a) a single event permit; or (b) a temporary beer event permit. See Utah Code 32B-1-102
- 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.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
- 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
- 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
- Individual treatment plan: includes :
(i) planning and directing specific exercises and programs to improve sensory integration and motor functioning at the level of performance neurologically appropriate for the individual's stage of development; (ii) establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning; (iii) analyzing, selecting, and adapting functional exercises to achieve and maintain the client's optimal functioning in activities of daily living and to prevent further disability; and (iv) planning and directing specific programs to evaluate and enhance perceptual, motor, and cognitive skills. See Utah Code 58-42a-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-Language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
- 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
- Liquor warehousing license: means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and (b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- 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.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
- Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
- Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. See Utah Code 58-42a-102
- Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- Person: means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2
- Person: means :Utah Code 68-3-12.5
- 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
- Practice of occupational therapy: includes :
(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual; (ii) modifying or adapting an activity or environment to enhance an individual's performance; (iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities; (iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities; (v) performance-barrier prevention for an individual, including disability prevention; (vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including: (A) the therapeutic use of occupations and exercises; (B) training in self-care, self-management, home-management, and community and work reintegration; (C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions; (D) the education and training of an individual's family members and caregivers; (E) care coordination, case management, and transition services; (F) providing consulting services to groups, programs, organizations, or communities, (G) modifying the environment and adapting processes, including the application of ergonomic principles; (H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices; (I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management; (J) driver rehabilitation and community mobility; (K) enhancing eating and feeding performance; and (L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102
- 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
- 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.
- 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 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Speech-language pathologist: means :
(a) a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or (b) a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2
- 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
- Statute: A law passed by a legislature.
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
- Writing: includes :Utah Code 68-3-12.5
- Beer wholesaling license: means a license: