Part 1 General Provisions 32B-5-101 – 32B-5-102
Part 2 Retail Licensing Process 32B-5-201 – 32B-5-207
Part 3 Retail Licensee Operational Requirements 32B-5-301 – 32B-5-311

Terms Used In Utah Code > Title 32B > Chapter 5

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Airport lounge: means a business location:
    (a) at which an alcoholic product is sold at retail for consumption on the premises; and
    (b) that is located at an international airport with a United States Customs office on the premises of the international airport. See Utah Code 32B-1-102
  • Alcoholic beverage: means the following:
    (a) beer; or
    (b) liquor. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102
  • Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Utah Code 58-9-102
  • Alkaline hydrolysis container: means a container:
    (a) in which human remains are transported to a funeral service establishment and placed in an alkaline hydrolysis chamber for resomation; and
    (b) that meets substantially all of the following standards:
    (i) able to be closed in order to provide a complete covering for the human remains;
    (ii) resistant to leakage or spillage;
    (iii) rigid enough for handling with ease; and
    (iv) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
  • Approved esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
  • Approved hair designer apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
  • Approved master esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
  • Approved nail technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(6) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
  • Arena: means an enclosed building:
    (a) that is managed by:
    (i) the same person who owns the enclosed building;
    (ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
    (iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
    (b) that operates as a venue; and
    (c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
  • Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Banquet: means an event:
    (a) that is a private event or a privately sponsored event;
    (b) that is held at one or more designated locations approved by the commission in or on the premises of:
    (i) a hotel;
    (ii) a resort facility;
    (iii) a sports center;
    (iv) a convention center;
    (v) a performing arts facility; or
    (vi) an arena;
    (c) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
    (ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
    (d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
  • Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
  • Barber instructor: means a barber who is licensed under this chapter to engage in the practice of barbering instruction. See Utah Code 58-11a-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
  • Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. See Utah Code 58-9-102
  • Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
  • Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102
  • Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-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
  • Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
  • Calcination: means a process in which a dead human body is reduced by intense heat to a residue that is not as substantive as the residue that follows cremation. See Utah Code 58-9-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commissioner: means a member of the commission. See Utah Code 32B-1-102
  • Community location: means :
    (a) a public or private school;
    (b) a church;
    (c) a public library;
    (d) a public playground; or
    (e) a public park. 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.
  • 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.
  • Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102
  • Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102
  • Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
  • Cremation chamber: means the enclosed space within which the cremation process takes place and which is used exclusively for the cremation of human remains. See Utah Code 58-9-102
  • Cremation container: means the container:
    (a) in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and
    (b) that meets substantially all of the following standards:
    (i) composed of readily combustible or consumable materials suitable for cremation;
    (ii) able to be closed in order to provide a complete covering for the human remains;
    (iii) resistant to leakage or spillage;
    (iv) rigid enough for handling with ease; and
    (v) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
  • Crematory: means the building or portion of a building that houses the cremation chamber and the holding facility. See Utah Code 58-9-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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 disposition: means the disposition of a dead human body:
    (a) as quickly as law allows;
    (b) without preparation of the body by embalming; and
    (c) without an attendant funeral service or graveside service. See Utah Code 58-9-102
  • Direct supervision: means that the supervisor of an apprentice or the instructor of a student is immediately available for consultation, advice, instruction, and evaluation. See Utah Code 58-11a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • dispense: means :
    (i) drawing an alcoholic product; and
    (ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
  • Dispensing structure: means a surface or structure on a licensed premises:
    (a) where an alcoholic product is dispensed; or
    (b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Disposition: means the final disposal of a dead human body by:
    (a) earth interment;
    (b) above ground burial;
    (c) cremation;
    (d) calcination;
    (e) alkaline hydrolysis;
    (f) burial at sea;
    (g) delivery to a medical institution; or
    (h) other lawful means. See Utah Code 58-9-102
  • Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
  • Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
  • Electrologist instructor: means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction. See Utah Code 58-11a-102
  • Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102
  • Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
  • Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102
  • Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body:
    (i) a vault;
    (ii) a casket; or
    (iii) other personal property. See Utah Code 58-9-102
  • Funeral service: means a service, rite, or ceremony performed:
    (a) with respect to the death of a human; and
    (b) with the body of the deceased present. See Utah Code 58-9-102
  • Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
  • Funeral service establishment: includes :
    (i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
    (ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
  • Funeral service intern: means an individual licensed under this chapter who is permitted to:
    (a) assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
    (b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
    (c) perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Graveside service: means a funeral service held at the location of disposition. See Utah Code 58-9-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hair braiding: includes the following methods or styles:
    (i) African-style braiding;
    (ii) box braids;
    (iii) cornrows;
    (iv) dreadlocks;
    (v) french braids;
    (vi) invisible braids;
    (vii) micro braids;
    (viii) single braids;
    (ix) single plaits;
    (x) twists;
    (xi) visible braids;
    (xii) the use of lock braids; and
    (xiii) the use of decorative beads, accessories, and nonhair extensions. See Utah Code 58-11a-102
  • Hair designer: means a person who is licensed under this chapter to engage in the practice of hair design. See Utah Code 58-11a-102
  • Hair designer instructor: means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction. See Utah Code 58-11a-102
  • Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
  • Hotel: means a commercial lodging establishment that:
    (a) offers at least 40 rooms as temporary sleeping accommodations for compensation;
    (b) is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract; and
    (c) 
    (i) has adequate kitchen or culinary facilities on the premises to provide complete meals; or
    (ii) 
    (A) has at least 1,000 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract and can accommodate at least 75 individuals; or
    (B) if the establishment is located in a small or unincorporated locality, has an appropriate amount of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract, as determined by the commission. See Utah Code 32B-1-102
  • Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-102
  • 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
  • Interim alcoholic beverage management agreement: means an agreement:
    (a) in connection with:
    (i) the transfer of a retail license; and
    (ii) 
    (A) an asset sale of a retail licensee; or
    (B) a transfer of the management of a retail licensee to a new entity; and
    (b) under which the purchaser or the new management entity agrees to perform the operations of the retail licensee during the period that:
    (i) begins when:
    (A) the asset sale closes; or
    (B) the new management agreement is executed; and
    (ii) ends on the day after the day on which the commission approves the transfer of the retail license. See Utah Code 32B-5-102
  • 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
  • Inventory transfer agreement: means an agreement under which a retail licensee agrees to sell or otherwise transfer all or part of the retail licensee's inventory of alcoholic product. See Utah Code 32B-5-102
  • 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
  • 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 electrology school: means an electrology school licensed under this chapter. See Utah Code 58-11a-102
  • Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102
  • Licensed hair design school: means a hair design school licensed under this chapter. See Utah Code 58-11a-102
  • Licensed nail technology school: means a nail technology school licensed under this chapter. See Utah Code 58-11a-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Licensee: means an individual licensed to practice under:
    (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
    (b) Title 58, Chapter 17b, Pharmacy Practice Act;
    (c) Title 58, Chapter 28, Veterinary Practice Act;
    (d) Title 58, Chapter 31b, Nurse Practice Act;
    (e) Title 58, Chapter 67, Utah Medical Practice Act;
    (f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
    (h) Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-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
  • Master esthetician: means an individual who is licensed under this chapter to engage in the practice of master-level esthetics. See Utah Code 58-11a-102
  • Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-102
  • Memorial service: means a service, rite, or ceremony performed:
    (a) with respect to the death of a human; and
    (b) without the body of the deceased present. See Utah Code 58-9-102
  • 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.
  • Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102
  • Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. See Utah Code 58-11a-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
    (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). 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; or
    (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • 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
  • Personal property: includes :Utah Code 68-3-12.5
  • Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice of barbering: means :
    (a) cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;
    (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
    (c) removing hair from the face or neck of a person by the use of shaving equipment; and
    (d) when providing other services described in this Subsection (30), gently massaging the head, back of the neck, and shoulders by manual or mechanical means. See Utah Code 58-11a-102
  • Practice of barbering instruction: means teaching the practice of barbering at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber apprenticeship. See Utah Code 58-11a-102
  • Practice of basic esthetics: means any one of the following skin care procedures done on the body for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
    (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous removal by buffing or filing;
    (b) limited chemical exfoliation as defined by rule;
    (c) removing superfluous hair by means other than electrolysis, except that an individual is not required to be licensed as an esthetician to engage in the practice of threading;
    (d) other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments;
    (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying eyelash or eyebrow extensions; or
    (f) except as provided in Subsection (32)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:
    (i) superfluous hair removal which shall be under indirect supervision;
    (ii) anti-aging resurfacing enhancements;
    (iii) photo rejuvenation; or
    (iv) tattoo removal. See Utah Code 58-11a-102
  • Practice of electrology: means :
    (a) the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or
    (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal. See Utah Code 58-11a-102
  • Practice of electrology instruction: means teaching the practice of electrology at a licensed electrology school. See Utah Code 58-11a-102
  • Practice of esthetics instruction: means teaching the practice of basic esthetics or the practice of master-level esthetics:
    (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
    (b) for an approved esthetician apprenticeship or an approved master esthetician apprenticeship. See Utah Code 58-11a-102
  • Practice of funeral service: means :
    (a) supervising the receipt of custody and transportation of a dead human body to prepare the body for:
    (i) disposition; or
    (ii) shipment to another location;
    (b) entering into a contract with a person to provide professional services regulated under this chapter;
    (c) embalming or otherwise preparing a dead human body for disposition;
    (d) supervising the arrangement or conduct of:
    (i) a funeral service;
    (ii) a graveside service; or
    (iii) a memorial service;
    (e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains;
    (f) supervising the arrangement of:
    (i) a disposition; or
    (ii) a direct disposition;
    (g) facilitating:
    (i) a disposition; or
    (ii) a direct disposition;
    (h) supervising the sale of funeral merchandise by a funeral establishment;
    (i) managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;
    (j) supervising the sale of a preneed funeral arrangement; and
    (k) contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102
  • Practice of hair design: means :
    (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing, singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a person;
    (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
    (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or
    (d) practicing hair weaving, hair fusing, or servicing previously medically implanted hair. See Utah Code 58-11a-102
  • Practice of hair design instruction: means teaching the practice of hair design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed barber school. See Utah Code 58-11a-102
  • practice of master-level esthetics: includes the practice of esthetics, but an individual is not required to be licensed as an esthetician or master-level esthetician to engage in the practice of threading. See Utah Code 58-11a-102
  • Practice of nail technology: means to trim, cut, clean, manicure, shape, massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application and removal of sculptured or artificial nails. See Utah Code 58-11a-102
  • Practice of nail technology instruction: means teaching the practice of nail technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for an approved nail technician apprenticeship. See Utah Code 58-11a-102
  • Practice of podiatry: means the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions by all appropriate and lawful means, subject to Section 58-5a-103. See Utah Code 58-5a-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
  • Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
    (i) goods;
    (ii) services, including:
    (A) embalming services; and
    (B) funeral directing services;
    (iii) real property; or
    (iv) personal property, including:
    (A) a casket;
    (B) another primary container;
    (C) a cremation, alkaline hydrolysis, or transportation container;
    (D) an outer burial container;
    (E) a vault;
    (F) a grave liner;
    (G) funeral clothing and accessories;
    (H) a monument;
    (I) a grave marker; and
    (J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
  • 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.
  • Principal license: means :
    (a) a resort license;
    (b) a hotel license; or
    (c) an arena license. See Utah Code 32B-1-102
  • 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 68-3-12.5
  • Processing: means the reduction of identifiable bone fragments after the completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments by manual means. See Utah Code 58-9-102
  • Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
  • Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation or alkaline hydrolysis and processing to granulated particles by manual or mechanical means. See Utah Code 58-9-102
  • Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
  • Reception center: means a business that:
    (a) operates facilities that are at least 5,000 square feet; and
    (b) has as its primary purpose the leasing of the facilities described in Subsection (98)(a) to a third party for the third party's event. See Utah Code 32B-1-102
  • Recognized barber school: means a barber school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
  • Recognized electrology school: means an electrology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
  • Recognized esthetics school: means an esthetics school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
  • Recognized hair design school: means a hair design school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
  • Recognized nail technology school: means a nail technology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
  • 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
  • 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.
  • Resomation: means the alkaline hydrolysis process. See Utah Code 58-9-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
    (a) over-serving alcoholic beverages to customers;
    (b) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and
    (c) serving alcoholic beverages to minors. See Utah Code 32B-1-102
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Restaurant license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a limited-service restaurant license; or
    (c) a beer-only restaurant license. See Utah Code 32B-1-102
  • Retail license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a master full-service restaurant license;
    (c) a limited-service restaurant license;
    (d) a master limited-service restaurant license;
    (e) a bar establishment license;
    (f) an airport lounge license;
    (g) an on-premise banquet license;
    (h) an on-premise beer license;
    (i) a reception center license;
    (j) a beer-only restaurant license;
    (k) a hospitality amenity license;
    (l) a resort license;
    (m) a hotel license; or
    (n) an arena license. See Utah Code 32B-1-102
  • Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
  • Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, or nail technology is practiced. See Utah Code 58-11a-102
  • Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. 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
  • 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
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
  • Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Sublicense: means :
    (a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
    (i) a full-service restaurant license;
    (ii) a limited-service restaurant license;
    (iii) a bar establishment license;
    (iv) an on-premise banquet license;
    (v) an on-premise beer retailer license;
    (vi) a beer-only restaurant license; or
    (vii) a hospitality amenity license; or
    (b) a resort spa sublicense. See Utah Code 32B-1-102
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Temporary container: means a receptacle for cremated or alkaline hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired. See Utah Code 58-9-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: includes :
    (a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
    (b) for an individual who is not licensed under this chapter:
    (i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-501. See Utah Code 58-9-102
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-11a-502. See Utah Code 58-11a-102
  • Unprofessional conduct: includes , for an individual licensed under this chapter:
    (a) the conduct that constitutes unprofessional conduct under Section 58-1-501;
    (b) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
    (c) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
    (d) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
    (e) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
    (f) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
    (g) gross incompetency in the practice of podiatry;
    (h) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
    (i) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
    (j) willfully using false or fraudulent advertising;
    (k) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    (l) falsely making an entry in, or altering, a medical record with the intent to conceal:
    (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
    (ii) conduct described in Subsections (6)(a) through (k) or Subsection 58-1-501(1). See Utah Code 58-5a-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-502. See Utah Code 58-9-102
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-11a-501 and as may be further defined by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
  • Urn: means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains. See Utah Code 58-9-102
  • wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Writing: includes :Utah Code 68-3-12.5
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