(1) A person may not sell, offer for sale, or furnish an alcoholic product to a known interdicted person.

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Terms Used In Utah Code 32B-4-405

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Health care practitioner: means :
         (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
         (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
         (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
         (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
         (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
         (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
         (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
         (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
         (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
         (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
         (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
         (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
         (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
  • Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
         (58)(a) law; or
         (58)(b) court order. 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Prescription: means an order issued by a health care practitioner when:
         (92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
         (92)(b) the order is made in the course of that health care practitioner's professional practice; and
         (92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
(2) This section does not apply to the sale, offer for sale, or furnishing of an alcoholic product to an interdicted person:

     (2)(a) under an order of a health care practitioner who is authorized by law to write a prescription; or
     (2)(b) administered by a hospital or health care practitioner authorized by law to administer the alcoholic product for medicinal purposes.