Part 1 Definitions 58-5a-101 – 58-5a-103
Part 2 Podiatric Physician Board 58-5a-201
Part 3 Licensing 58-5a-301 – 58-5a-307
Part 4 Denial of Licensure 58-5a-401
Part 5 Unprofessional and Unlawful Conduct — Penalties 58-5a-501 – 58-5a-502

Terms Used In Utah Code > Title 58 > Chapter 5a

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Alcoholic beverage: means the following:
    (a) beer; or
    (b) liquor. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Banquet: means an event:
    (a) that is a private event or a privately sponsored event;
    (b) that is held at one or more designated locations approved by the commission in or on the premises of:
    (i) a hotel;
    (ii) a resort facility;
    (iii) a sports center;
    (iv) a convention center;
    (v) a performing arts facility; or
    (vi) an arena;
    (c) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
    (ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
    (d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
  • 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 Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commissioner: means a member of the commission. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
  • Hotel: means a commercial lodging establishment that:
    (a) offers at least 40 rooms as temporary sleeping accommodations for compensation;
    (b) is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract; and
    (c) 
    (i) has adequate kitchen or culinary facilities on the premises to provide complete meals; or
    (ii) 
    (A) has at least 1,000 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract and can accommodate at least 75 individuals; or
    (B) if the establishment is located in a small or unincorporated locality, has an appropriate amount of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract, as determined by the commission. See Utah Code 32B-1-102
  • Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-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
  • Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-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.
  • 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 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
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Practice of podiatry: means the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions by all appropriate and lawful means, subject to Section 58-5a-103. See Utah Code 58-5a-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.
  • Reception center: means a business that:
    (a) operates facilities that are at least 5,000 square feet; and
    (b) has as its primary purpose the leasing of the facilities described in Subsection (98)(a) to a third party for the third party's event. See Utah Code 32B-1-102
  • 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
  • Resort: means the same as that term is defined in Section 32B-8-102. 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
  • Restaurant license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a limited-service restaurant license; or
    (c) a beer-only restaurant license. See Utah Code 32B-1-102
  • 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 hospitality amenity license;
    (l) a resort license;
    (m) a hotel license; or
    (n) an arena license. 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 68-3-12.5
  • 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
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: includes :
    (a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
    (b) for an individual who is not licensed under this chapter:
    (i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
  • Unprofessional conduct: includes , for an individual licensed under this chapter:
    (a) the conduct that constitutes unprofessional conduct under Section 58-1-501;
    (b) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
    (c) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
    (d) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
    (e) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
    (f) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
    (g) gross incompetency in the practice of podiatry;
    (h) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
    (i) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
    (j) willfully using false or fraudulent advertising;
    (k) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    (l) falsely making an entry in, or altering, a medical record with the intent to conceal:
    (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
    (ii) conduct described in Subsections (6)(a) through (k) or Subsection 58-1-501(1). See Utah Code 58-5a-102
  • Writing: includes :Utah Code 68-3-12.5