32B-2-402 (Effective 07/01/11) - Definitions -- Calculations. - Utah Statutes

32B-2-402 (Effective 07/01/11). Definitions -- Calculations.
(1) As used in this part:
(a) "Account" means the Alcoholic Beverage Enforcement and Treatment RestrictedAccount created in Section 32B-2-403.
(b) "Advisory council" means the Utah Substance Abuse Advisory Council created inSection 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 ismade.
(e) "Municipality" means:
(i) a city; or
(ii) a town.
(2) For purposes of this part, the number of state stores, package agencies, and retaillicensees 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, except for an on-premise beer retailer; and
(c) for a county, consists only of the number located within an unincorporated area of thecounty.
(3) The department shall determine:
(a) a population figure according to the most current population estimate prepared by theUtah Population Estimates Committee;
(b) a county's population for the 25% distribution to municipalities and counties underSubsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated areasof the county; and
(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 amunicipality.
(4) (a) A conviction occurs in the municipality or county that actually prosecutes theoffense to judgment.

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(b) If a conviction is based upon a guilty plea, the conviction is considered to occur in themunicipality or county that, except for the guilty plea, would have prosecuted the offense.

Enacted by Chapter 276, 2010 General Session
Amended by Chapter 276, 2010 General Session, (Coordination Clause)