§ 58-37c-1 Short title
§ 58-37c-2 Purpose
§ 58-37c-3 Definitions
§ 58-37c-5 Responsibility of Department of Commerce — Delegation to the Division of Occupational and Professional Licensing — Rulemaking authority of the division
§ 58-37c-6 Division duties
§ 58-37c-7 Controlled substance precursor license
§ 58-37c-8 License — Exceptions from licensure or regulation
§ 58-37c-9 Term of license — Expiration — Renewal
§ 58-37c-10 Reporting and recordkeeping
§ 58-37c-11 Penalty for unlawful conduct
§ 58-37c-12 Grounds for denial of license — Disciplinary proceedings
§ 58-37c-13 License does not authorize possession of controlled substances
§ 58-37c-14 Emergency listing provision
§ 58-37c-15 Civil forfeiture
§ 58-37c-16 Civil penalties
§ 58-37c-17 Inspection authority
§ 58-37c-18 Recordkeeping requirements for sale of crystal iodine
§ 58-37c-19 Possession or sale of crystal iodine
§ 58-37c-19.5 Iodine solution greater than 1.5% — Prescription or permit required — Penalties
§ 58-37c-19.7 Red phosphorus is a precursor — Affirmative defense
§ 58-37c-19.9 Anhydrous ammonia is a precursor — Requirements regarding purposes and containers
§ 58-37c-20 Possession of ephedrine, pseudoephedrine, or phenylpropanolamine — Penalties
§ 58-37c-20.5 Pseudoephedrine products — Limitations on retail sale
§ 58-37c-21 Department of Public Safety enforcement authority

Terms Used In Utah Code > Title 58 > Chapter 37c

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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 held at one or more designated locations approved by the commission in or on the premises of a:
    (i) hotel;
    (ii) resort facility;
    (iii) sports center; or
    (iv) convention center;
    (b) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (6)(a) and another person; and
    (ii) under which the person operating a facility listed in Subsection (6)(a) is required to provide an alcoholic product at the event; and
    (c) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Bar establishment license: includes :
    (i) a dining club license;
    (ii) an equity license;
    (iii) a fraternal license; or
    (iv) a bar license. 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
  • Beer retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
  • Business entity: means a corporation, partnership, limited liability company, sole proprietorship, or similar entity. See Utah Code 32B-8a-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
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance precursor: includes a chemical reagent and means any of the following:
    (a) Phenyl-2-propanone;
    (b) Methylamine;
    (c) Ethylamine;
    (d) D-lysergic acid;
    (e) Ergotamine and its salts;
    (f) Diethyl malonate;
    (g) Malonic acid;
    (h) Ethyl malonate;
    (i) Barbituric acid;
    (j) Piperidine and its salts;
    (k) N-acetylanthranilic acid and its salts;
    (l) Pyrrolidine;
    (m) Phenylacetic acid and its salts;
    (n) Anthranilic acid and its salts;
    (o) Morpholine;
    (p) Ephedrine;
    (q) Pseudoephedrine;
    (r) Norpseudoephedrine;
    (s) Phenylpropanolamine;
    (t) Benzyl cyanide;
    (u) Ergonovine and its salts;
    (v) 3,4-Methylenedioxyphenyl-2-propanone;
    (w) propionic anhydride;
    (x) Insosafrole;
    (y) Safrole;
    (z) Piperonal;
    (aa) N-Methylephedrine;
    (bb) N-ethylephedrine;
    (cc) N-methylpseudoephedrine;
    (dd) N-ethylpseudoephedrine;
    (ee) Hydriotic acid;
    (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
    (gg) 1,4 butanediol;
    (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
    (ii) Crystal iodine;
    (jj) Iodine at concentrations greater than 1. See Utah Code 32B-8a-201
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event permit: means :
    (a) a single event permit; or
    (b) a temporary beer event permit. 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 32B-8a-201
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hotel: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Hotel: means one or more buildings that:
    (a) comprise a hotel, as defined by the commission;
    (b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
    (c) primarily operate to provide lodging accommodations;
    (d) provide room service within the boundary of the hotel meeting the requirements of this title;
    (e) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
    (f) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
    (g) have at least 40 guest rooms. See Utah Code 32B-8b-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • Land: includes :Utah Code 48-2e-1156
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means :
    (a) a retail license;
    (b) a 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. 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; or
    (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township. See Utah Code 32B-1-102
  • Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 32B-8a-201
  • 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.
  • 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 banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. 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
  • 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;
    (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
  • Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 32B-8a-201
  • Person: means :Utah Code 48-2e-1156
  • 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.
  • Practitioner: means a physician, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, 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 32B-8a-201
  • 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
  • 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
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Provisions applicable to a sublicense: means :
    (a) for a full-service restaurant sublicense, Chapter 6, Part 2, Full-Service Restaurant License;
    (b) for a limited-service restaurant sublicense, Chapter 6, Part 3, Limited-Service Restaurant License;
    (c) for a bar establishment sublicense, Chapter 6, Part 4, Bar Establishment License;
    (d) for an on-premise banquet sublicense, Chapter 6, Part 6, On-Premise Banquet License;
    (e) for an on-premise beer retailer sublicense, Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (f) for a beer-only restaurant sublicense, Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-8b-102
  • Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 32B-8a-201
  • Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 32B-8a-201
  • Regulated transaction: means any actual, constructive or attempted:
    (a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
    (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 32B-8a-201
  • 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
  • Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
    (a) in both number of sales and volume of sales; and
    (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 32B-8a-201
  • 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 resort license; or
    (l) a hotel license. See Utah Code 32B-1-102
  • Room service: means furnishing an alcoholic product to a person in a guest room of a:
    (a) hotel; or
    (b) resort facility. 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 48-2e-1156
  • Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. 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 48-2e-1156
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Sublicense: means the same as that term is defined in Section 32B-8-102 or 32B-8b-102. See Utah Code 32B-1-102
  • Sublicense: means :
    (a) a full-service restaurant sublicense;
    (b) a limited-service restaurant sublicense;
    (c) a bar establishment sublicense;
    (d) an on-premise banquet sublicense;
    (e) an on-premise beer retailer sublicense; and
    (f) a beer-only restaurant sublicense. See Utah Code 32B-8b-102
  • Sublicense premises: means a building, enclosure, or room used pursuant to a sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic product, unless otherwise defined in this title or in the rules made by the commission. See Utah Code 32B-8b-102
  • Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
  • Transfer fee: means a fee described in Section 32B-8a-303. See Utah Code 32B-8a-102
  • Transferee: means a person who intends to hold a retail license after the transfer of the retail license if the transfer is approved by the commission under this chapter. See Utah Code 32B-8a-102
  • Transferor: means a retail licensee who intends to transfer a retail license held by the retail licensee if the transfer is approved by the commission under this chapter. See Utah Code 32B-8a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
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