|Part 1||General Provisions||32B-13-101 – 32B-13-102|
|Part 2||Beer Wholesaling License Process||32B-13-201 – 32B-13-206|
|Part 3||Operational Requirements for Beer Wholesaling License||32B-13-301 – 32B-13-302|
Terms Used In Utah Code > Title 32B > Chapter 13
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- 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 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 (b) is licensed as: (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. 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
- Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-102
- Brewer: means a person engaged in manufacturing:
(a) beer; (b) heavy beer; or (c) a flavored malt beverage. See Utah Code 32B-1-102
- Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
- CERCLA: means 42 U. See Utah Code 19-6-302
- Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consultation and Referral Plan: means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. See Utah Code 58-44a-102
- Consulting physician: means a physician and surgeon or osteopathic physician:
(a) with an unrestricted license as a physician; (b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and (c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102
- 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.
- 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
- Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-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.
- 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
- 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
- Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
- Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102
- Individual: means a natural person. See Utah Code 58-44a-102
- 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
- Licensee: means a person who holds a license. 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
- 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
- National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
- Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102
- 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
- Off-premise beer retailer: means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
- 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
- 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 :Utah Code 68-3-12.5
- Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
- Practice as a certified nurse midwife: means :
(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee; (c) the authority to: (i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient; (ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate; (iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of: (A) prescription drugs; (B) schedule IV-V controlled substances; and (C) schedule II-III controlled substances in accordance with a consultation and referral plan; (iv) evaluate the results of patient care; (v) consult as is appropriate regarding patient care and the results of patient care; (vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia; (vii) manage the postpartum period; (viii) provide gynecological services; (ix) provide noncomplicated newborn and infant care to the age of one year; and (x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102
- Practice of a hearing instrument specialist: means :
(a) establishing a place of business to practice as a hearing instrument specialist; (b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient; (c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition; (d) prescribing an appropriate hearing instrument; (e) making impressions or earmolds for the fitting of a hearing instrument; (f) sale and professional placement of the hearing instrument on a patient; (g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist; (h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or (i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102
- 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; (vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including: (A) body functions and structures; (B) habits, routines, roles, and behavioral patterns; (C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and (D) motor, process, communication, interaction, and other performance skills; (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
- 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
- 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.
- 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
- 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverages per year. See Utah Code 32B-1-102
- 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.
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- Supervising hearing instrument specialist: means a hearing instrument specialist who:
(a) is licensed by and in good standing with the division; (b) has practiced full-time as a hearing instrument specialist for not less than two years; and (c) is approved as a supervisor by the division. See Utah Code 58-46a-102
- Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Beer retailer: means a business that: