Part 1 General Provisions 32B-7-101 – 32B-7-102
Part 2 Off-Premise Beer Retailer Local Authority 32B-7-201 – 32B-7-202
Part 3 Off-Premise Beer Retailer Enforcement Act 32B-7-301 – 32B-7-305
Part 4 Off-Premise Beer Retailer State License 32B-7-401 – 32B-7-409

Terms Used In Utah Code > Title 32B > Chapter 7

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
    (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
    (ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
  • Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-31b-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Allegation: something that someone says happened.
  • Applicant: means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. See Utah Code 58-31b-102
  • Approved education program: means a nursing education program that is accredited by an accrediting body for nursing education that is approved by the United States Department of Education. See Utah Code 58-31b-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Board: means the Board of Nursing created in Section 58-31b-201. See Utah Code 58-31b-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Brewer: means a person engaged in manufacturing:
    (a) beer;
    (b) heavy beer; or
    (c) a flavored malt beverage. See Utah Code 32B-1-102
  • 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.
  • 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
  • Consultation and referral plan: means a written plan jointly developed by an advanced practice registered nurse and, except as provided in Subsection 58-31b-803(4), a consulting physician that permits the advanced practice registered nurse to prescribe Schedule II controlled substances in consultation with the consulting physician. See Utah Code 58-31b-102
  • Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
  • 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
  • Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
  • Controlled substance: means a drug or substance:
    (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
    (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
  • Controlled substance analog: means :
    (A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section 58-37-4. See Utah Code 58-37-2
  • 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.
  • delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
  • 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 Commerce. See Utah Code 58-37-2
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Dependent: A person dependent for support upon another.
  • Diagnosis: means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. See Utah Code 58-31b-102
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
  • Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
  • Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
  • Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
  • Division: means the Division of Occupational and Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2
  • Drug: means :
    (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
    (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
    (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
    (D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
  • 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.
  • 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.
  • Food: means :
    (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and
    (ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
  • Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2
  • Indian: means a member of an Indian tribe. See Utah Code 58-37-2
  • Infectious waste: means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. See Utah Code 19-6-102
  • 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
  • Intoxicated: means that a person:
    (a) is significantly impaired as to the person's mental or physical functions as a result of the use of:
    (i) an alcoholic product;
    (ii) a controlled substance;
    (iii) a substance having the property of releasing toxic vapors; or
    (iv) a combination of Subsections (58)(a)(i) through (iii); and
    (b) exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product. See Utah Code 32B-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-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
  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Utah Code 19-6-102
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2
  • Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2
  • Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:
    (A) seeds;
    (B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;
    (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin; and
    (D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active. See Utah Code 58-37-2
  • Medication aide certified: means a certified nurse aide who:
    (a) has a minimum of 2,000 hours experience working as a certified nurse aide;
    (b) has received a minimum of 60 hours of classroom and 40 hours of practical training that is approved by the division in collaboration with the board, in administering routine medications to patients or residents of long-term care facilities; and
    (c) is certified by the division as a medication aide certified. See Utah Code 58-31b-102
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. 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.
  • Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
    (i) opium, coca leaves, and opiates;
    (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
    (iii) opium poppy and poppy straw; or
    (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2
  • 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
  • Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer State License. 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
  • Opaque: means impenetrable to sight. See Utah Code 32B-1-102
  • Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2
  • 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
  • Pain clinic: means the same as that term is defined in Section 58-1-102. See Utah Code 58-31b-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
    (a) a customer;
    (b) a member;
    (c) a guest;
    (d) an attendee of a banquet or event;
    (e) an individual who receives room service;
    (f) a resident of a resort; or
    (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Permit: includes an operation plan. See Utah Code 19-6-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2
  • Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
  • 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:
    (i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
    (ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2
  • 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
  • Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Road: includes :Utah Code 68-3-12.5
  • 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.
  • Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
  • 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: means the state of Utah. See Utah Code 58-37-2
  • Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
  • Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
  • Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
  • Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-501. See Utah Code 58-31b-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102
  • use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes :Utah Code 68-3-12.5
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