PocketLaw | Utah Code | Definitions -- Calculations.

Definitions -- Calculations.

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Affected by 63I-1-232 on 1/1/2023

Effective 5/8/2018
32B-2-402. Definitions -- Calculations.

(1) As used in this part:
- (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403.
- (b) "Advisory council" means the Utah Substance Use and Mental Health Advisory Council created in Section 63M-7-301.
- (c) "Alcohol-related offense" means:
  - (i) a violation of:
    - (A) Section 41-6a-502; or
    - (B) an ordinance that complies with the requirements of:
      - (I) Subsection 41-6a-510(1); or
      - (II) Section 76-5-207; or
  - (ii) an offense involving the illegal:
    - (A) sale of an alcoholic product;
    - (B) consumption of an alcoholic product;
    - (C) distribution of an alcoholic product;
    - (D) transportation of an alcoholic product; or
    - (E) possession of an alcoholic product.
- (d) "Annual conviction time period" means the time period that:
  - (i) begins on July 1 and ends on June 30; and
  - (ii) immediately precedes the fiscal year for which an appropriation under this part is made.
- (e) "Municipality" means:
  - (i) a city;
  - (ii) a town; or
  - (iii) a metro township.
- (f)
  - (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within the Department of Human Services.
  - (ii) In defining the term "prevention," the Division of Substance Abuse and Mental Health shall:
    - (A) include only evidence-based or evidence-informed programs; and
    - (B) provide for coordination with local substance abuse authorities designated to provide substance abuse services in accordance with Section 17-43-201.

(2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located within the limits of a municipality or county:
- (a) is the number determined by the department to be so located;
- (b) includes the aggregate number of premises of the following:
  - (i) a state store;
  - (ii) a package agency; and
  - (iii) a retail licensee; and
- (c) for a county, consists only of the number located within an unincorporated area of the county.

(3) The department shall determine:
- (a) a population figure according to the most current population estimate prepared by the Utah Population Committee;
- (b) a county's population for the 25% distribution to municipalities and counties under Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated areas of the county; and
- (c) a county's population for the 25% distribution to counties under Subsection 32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of a municipality.

(4)
- (a) A conviction occurs in the municipality or county that actually prosecutes the offense to judgment.
- (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.

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