Utah Code 32B-2-402. Definitions — Calculations
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this part:
Terms Used In Utah Code 32B-2-402
- Account: means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section
32B-2-403 . See Utah Code 32B-2-402 - Advisory committee: means the Utah Substance Use and Mental Health Advisory Committee created in Section
26B-5-801 . See Utah Code 32B-2-402 - Alcoholic beverage: means the following:(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Municipality: means a city or town. See Utah Code 32B-2-402
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(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- 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.
- 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
- State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(1)(a) “Account” means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section32B-2-403 .(1)(b) “Advisory committee” means the Utah Substance Use and Mental Health Advisory Committee created in Section26B-5-801 .(1)(c) “Alcohol-related offense” means:(1)(c)(i) a violation of:(1)(c)(i)(A) Section41-6a-502 ; or(1)(c)(i)(B) an ordinance that complies with the requirements of:(1)(c)(i)(B)(I) Subsection41-6a-510 (1); or(1)(c)(i)(B)(II) Section76-5-207 ; or(1)(c)(ii) an offense involving the illegal:(1)(c)(ii)(A) sale of an alcoholic product;(1)(c)(ii)(B) consumption of an alcoholic product;(1)(c)(ii)(C) distribution of an alcoholic product;(1)(c)(ii)(D) transportation of an alcoholic product; or(1)(c)(ii)(E) possession of an alcoholic product.(1)(d) “Annual conviction time period” means the time period that:(1)(d)(i) begins on July 1 and ends on June 30; and(1)(d)(ii) immediately precedes the fiscal year for which an appropriation under this part is made.(1)(e) “Municipality” means a city or town.(1)(f)(1)(f)(i) “Prevention” is as defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Integrated Healthcare within the Department of Health and Human Services.(1)(f)(ii) In defining the term “prevention,” the Division of Substance Abuse and Mental Health shall:(1)(f)(ii)(A) include only evidence-based or evidence-informed programs; and(1)(f)(ii)(B) provide for coordination with local substance abuse authorities designated to provide substance abuse services in accordance with Section17-43-201 .(2) For purposes of Subsection32B-2-404 (1)(b)(iii), the number of premises located within the limits of a municipality or county:(2)(a) is the number determined by the department to be so located;(2)(b) includes the aggregate number of premises of the following:(2)(b)(i) a state store;(2)(b)(ii) a package agency; and(2)(b)(iii) a retail licensee; and(2)(c) for a county, consists only of the number located within an unincorporated area of the county.(3) The department shall determine:(3)(a) a population figure according to the most current population estimate prepared by the Utah Population Committee;(3)(b) a county’s population for the 25% distribution to municipalities and counties under Subsection32B-2-404 (1)(b)(i) only with reference to the population in the unincorporated areas of the county; and(3)(c) a county’s population for the 25% distribution to counties under Subsection32B-2-404 (1)(b)(iv) only with reference to the total population in the county, including that of a municipality.(4)(4)(a) A conviction occurs in the municipality or county that actually prosecutes the offense to judgment.(4)(b) If a conviction is based upon a guilty plea, the conviction is considered to occur in the municipality or county that, except for the guilty plea, would have prosecuted the offense.