Terms Used In Utah Code > Title 58 > Chapter 44a
- Adjudicative proceeding: means :Utah Code 48-2e-1156
- Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alcoholic product: includes an alcoholic beverage. 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
- Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-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
- Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
- Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consulting physician: means a physician and surgeon or osteopathic physician:
(a) with an unrestricted license as a physician; (b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and (c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102
- 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.
- Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
- 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
- Heavy beer: means a product that:
(i) contains more than 4% alcohol by volume; and (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
- Individual: means a natural person. See Utah Code 58-44a-102
- Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
- 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
- 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; 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
- Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
- manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102
- 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
- Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or (B) of the National Guard; (ii) that is located within the state; and (iii) including a leased facility. 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.
- Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102
- 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
- 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.
- Permittee: means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
- Person: means :Utah Code 48-2e-1156
- Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
- Practice as a certified nurse midwife: means :
(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee; (c) the authority to: (i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient; (ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate; (iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of: (A) prescription drugs; (B) schedule IV-V controlled substances; and (C) schedule II-III controlled substances in accordance with a consultation and referral plan; (iv) evaluate the results of patient care; (v) consult as is appropriate regarding patient care and the results of patient care; (vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia; (vii) manage the postpartum period; (viii) provide gynecological services; (ix) provide noncomplicated newborn and infant care to the age of one year; and (x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-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.
- 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
- Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverages per year. 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
- Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
- Beer retailer: means a business that: