Part 1 General Provisions. 58-20b-101 – 58-20b-102
Part 2 Board. 58-20b-201
Part 3 Licensing. 58-20b-301 – 58-20b-305
Part 4 License Denial and Discipline. 58-20b-401
Part 5 Unprofessional Conduct. 58-20b-501

Terms Used In Utah Code > Title 58 > Chapter 20b

  • Accredited program: means a degree-offering program from:
    (a) an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or
    (b) a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board. See Utah Code 58-20b-102
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
    (a) stored; or
    (b) dispensed. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(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
  • Board: means the Environmental Health Scientist Board created in Section 58-20b-201. See Utah Code 58-20b-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dining area: means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-202
  • 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 area: means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
    (i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
    (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
    (iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:
    (A) at least 42 inches high; and
    (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-202
  • 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
  • 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.
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • General supervision: means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising. See Utah Code 58-20b-102
  • Grandfathered bar structure: means a bar structure in a licensed premises of a full-service restaurant licensee that:
    (i) as of May 11, 2009, has:
    (A) patron seating at the bar structure;
    (B) a partition at one or more locations on the bar structure that is along:
    (I) the width of the bar structure; or
    (II) the length of the bar structure; and
    (C) facilities for the dispensing or storage of an alcoholic product:
    (I) on the portion of the bar structure that is separated by the partition described in Subsection (3)(a)(i)(B); or
    (II) if the partition as described in Subsection (3)(a)(i)(B)(II) is adjacent to the bar structure in a manner visible to a patron sitting at the bar structure;
    (ii) is not operational as of May 12, 2009, if:
    (A) a person applying for a full-service restaurant license:
    (I) has as of May 12, 2009, a building permit to construct the restaurant;
    (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as defined by rule made by the commission; and
    (III) is issued the full-service restaurant license by no later than December 31, 2009; and
    (B) once constructed, the licensed premises has a bar structure described in Subsection (3)(a)(i);
    (iii) as of May 12, 2009, has no patron seating at the bar structure; or
    (iv) is not operational as of May 12, 2009, if:
    (A) a person applying for a full-service restaurant license:
    (I) has as of May 12, 2009, a building permit to construct the restaurant;
    (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as defined by rule made by the commission; and
    (III) is issued a full-service restaurant license by no later than December 31, 2009; and
    (B) once constructed, the licensed premises has a bar structure with no patron seating. See Utah Code 32B-6-202
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. 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
  • 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;
    (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
    (h) an invitee. See Utah Code 32B-1-102
  • Practice of environmental health science: means :
    (a) the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas:
    (i) air quality;
    (ii) food quality;
    (iii) solid, hazardous, and toxic substances disposal;
    (iv) consumer product safety;
    (v) housing;
    (vi) noise control;
    (vii) radiation protection;
    (viii) water quality;
    (ix) vector control;
    (x) drinking water quality;
    (xi) milk sanitation;
    (xii) rabies control;
    (xiii) public health nuisances;
    (xiv) indoor clean air regulations;
    (xv) institutional and residential sanitation; or
    (xvi) recreational facilities sanitation; or
    (b) representing oneself in any manner as, or using the titles "environmental health scientist" "environmental health scientist-in-training" or "registered sanitarian. See Utah Code 58-20b-102
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Private event: means a specific social, business, or recreational event:
    (i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
    (ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
  • 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 48-2e-1156
  • 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
  • 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
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Small full-service restaurant licensee: means a converted full-service restaurant licensee as defined in Section 32B-6-404. See Utah Code 32B-6-202
  • 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
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-20b-501 and as may be further defined by division rule. See Utah Code 58-20b-102
  • Waiting area: includes a lobby. See Utah Code 32B-6-202
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
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