Part 1 General Provisions 32B-8-101 – 32B-8-102
Part 2 Resort Licensing Process 32B-8-201 – 32B-8-202
Part 4 Operational Requirements 32B-8-401
Part 5 Enforcement 32B-8-501 – 32B-8-502

Terms Used In Utah Code > Title 32B > Chapter 8

  • 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
  • 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
  • Alcohol training and education seminar: means a seminar that is:
    (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
    (b) described in Section 62A-15-401. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. 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
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act; or
  • (ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2
  • 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 Commerce. See Utah Code 58-37-2
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • 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 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
  • Dwelling: means a portion of a resort building:
    (a) owned by one or more individuals;
    (b) that is used or designated for use as a residence by one or more persons; and
    (c) that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence. See Utah Code 32B-8-102
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Highway: includes :Utah Code 68-3-12.5
  • 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
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • 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
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
  • 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
  • nonhazardous solid or hazardous waste operation plan: means a plan or approval under Section 19-6-108, including:
    (a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
    (b) a closure plan;
    (c) a modification request; or
    (d) an approval that the director is authorized to issue. See Utah Code 19-6-102
  • 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
  • Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
  • 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
  • Permit: includes an operation plan. See Utah Code 19-6-102
  • Permittee: means a person who is obligated under 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
  • 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
  • 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
  • Prescribe: means to issue a prescription:
    (i) orally or in writing; or
    (ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2
  • 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
  • real property: includes :Utah Code 68-3-12.5
  • Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
  • Resort: means a location:
    (a) on which is located one resort building; and
    (b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
  • Resort building: means a building:
    (a) that is primarily operated to provide dwellings or lodging accommodations;
    (b) that has at least 150 units that consist of a dwelling or lodging accommodations;
    (c) that consists of at least 400,000 square feet:
    (i) including only the building itself; and
    (ii) not including areas such as above ground surface parking; and
    (d) of which at least 50% of the units described in Subsection (6)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Road: includes :Utah Code 68-3-12.5
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
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