Terms Used In Arizona Laws > Title 3 > Chapter 1 - Agricultural Administration

• Access device: means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value. See Arizona Laws 13-2001
• Additional wagering facility: means a facility that is not the enclosure in which authorized racing takes place but that meets the requirements of section 5-111, subsection A and is used by a permittee for handling pari-mutuel wagering. See Arizona Laws 5-101
• Adequate provocation: means conduct or circumstances sufficient to deprive a reasonable person of self-control. See Arizona Laws 13-1101
• Adjusted gross receipts: means the receipts remaining after deducting the monies paid for prizes from gross receipts. See Arizona Laws 5-401
• Adulterated: means varying from the standard of composition or quality prescribed by statute or administrative regulation or, if none, as set by established commercial usage. See Arizona Laws 13-2201
• Advance deposit wagering: means a form of pari-mutuel wagering that allows a person to deposit monies in advance in an account with an advance deposit provider and use the monies to pay for pari-mutuel wagering on live or simulcast racing that the advance deposit pari-mutuel wagering permittee accepts or makes. See Arizona Laws 5-101
• Advance deposit wagering provider: means a betting system or multijurisdictional wagering provider that is authorized to conduct advance deposit wagering pursuant to this article. See Arizona Laws 5-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aggrieved party: means a person who resides at, owns or leases property within a one-mile radius of premises proposed to be licensed and who filed a written request with the department to speak in favor of or opposition to the issuance of the license not later than sixty days after filing the application or fifteen days after action by the local governing body, whichever is sooner. See Arizona Laws 4-101
• Agricultural laboratory services: means the following services:

  (a) Providing a residue analysis of:

  (i) Raw, processed or manufactured agricultural commodities and products. See Arizona Laws 3-141

• Agricultural operations: means all activities by the owner, lessee, agent, independent contractor and supplier conducted on any facility for the production of crops, livestock, poultry, livestock products or poultry products or for the purposes of agritourism. See Arizona Laws 3-111
• Agritourism: means any activity that allows members of the general public, for recreational or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as agricultural real property pursuant to section 42-12151 if the activity is conducted in connection with and directly related to a business whose primary income is derived from producing livestock or agricultural commodities for commercial purposes. See Arizona Laws 3-111
• Alternative fuel: means :

  (a) Electricity. See Arizona Laws 1-215

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means a person, a group of persons or an organization that submits an application to the licensing authority for a license required under this chapter. See Arizona Laws 5-401
• Applicant: means a person, partnership, association or corporation placing before the department an application for a permit or license. See Arizona Laws 5-101
• Appraisal: A determination of property value.
• 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
• aquaculture facility: means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. See Arizona Laws 3-2901
• Aquatic products: means aquatic animals and plants, or their by-products, that are produced, grown, managed, harvested or marketed. See Arizona Laws 3-2901
• Aquatic wildlife: means amphibians, fish, mollusks, crustaceans and soft shelled turtles found in a state of nature. See Arizona Laws 3-2901
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assistant: means a person who is not a manager, supervisor or proceeds coordinator, who assists in conducting bingo games and who is designated as an assistant in the application for a license. See Arizona Laws 5-401
• Assistant director: means the assistant director for the state agricultural laboratory. See Arizona Laws 3-141
• Assistant director: means the assistant director of the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
• Associate director: means the associate director of the division. See Arizona Laws 3-2901
• Associate director: means the associate director of the division. See Arizona Laws 3-3401
• association: when used in reference to a corporation, includes successors or assigns. See Arizona Laws 4-101
• Association: means a body of persons, corporations, partnerships or associations, united and acting together without a charter from the state for the prosecution of some common enterprise. See Arizona Laws 5-101
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Aural transfer: means a communication containing the human voice at any point between and including the point of origin and the point of reception. See Arizona Laws 13-3001
• Auxiliary: means a formally organized body formed for the purpose of assisting a qualified organization in accomplishing its primary purposes and recognized by a licensee in writing to the licensing authority as the licensee for the purposes of this chapter. See Arizona Laws 5-401
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Biodiesel: means a mono-alkyl ester that meets ASTM D6751. See Arizona Laws 3-3401
• Biodiesel blend: means a motor fuel that is composed of biodiesel and diesel fuel and that is designated by the letter "B" followed by the numeric value of the volume percentage of biodiesel in the blend. See Arizona Laws 3-3401
• Biofuel: means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a blend component in motor fuel. See Arizona Laws 3-3401
• Biomass: means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel. See Arizona Laws 3-3401
• Biomass-based diesel: means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency under 42 United States Code 7545 and includes fuel derived from animal wastes, including poultry wastes and other waste materials, municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. See Arizona Laws 3-3401
• Biomass-based diesel blend: means a blend of petroleum-based diesel fuel with biomass-based diesel. See Arizona Laws 3-3401
• Biometric identity verification device: means a device authorized by the department that instantly verifies the identity and age of a person by an electronic scan of a biometric of the person, through a fingerprint, iris image, facial image or other biometric characteristic, or any combination of these characteristics, that references the person's identity and age against any record described in section 4-241, subsection K, and that meets all of the following conditions:

  (a) The authenticity of the record was previously verified by an electronic authentication process. See Arizona Laws 4-101

• Board: means the state liquor board. See Arizona Laws 4-101
• Bond related expenses: means any expenses incurred by the director to issue and administer the bonds, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, bond insurance or other credit enhancements or liquidity facilities, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telecommunications expenses and all other fees considered necessary by the director in order to market and administer the bonds. See Arizona Laws 5-531
• Bond related obligations: means any agreement or contractual relationship between the director and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing increased credit on, or security for, the bonds or liquidity for secondary market transactions and any agreement to fund or replenish reserves for the bonds. See Arizona Laws 5-531
• Bonds: means any bonds issued pursuant to this article. See Arizona Laws 5-531
• Boxing: means the act of attack and defense with the fists, using padded gloves, that is practiced as a sport. See Arizona Laws 5-221
• Branch office: means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of. See Arizona Laws 3-3601
• Branch supervisor: means a certified applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office. See Arizona Laws 3-3601
• Bribe: means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. See Arizona Laws 1-215
• Broken package: means any container of spirituous liquor on which the United States tax seal has been broken or removed or from which the cap, cork or seal placed on the container by the manufacturer has been removed. See Arizona Laws 4-101
• Business license: means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management. See Arizona Laws 3-3601
• Business of pest management: means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

  (a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations. See Arizona Laws 3-3601

• Cardholder: means any person who is either:

  (a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Arizona Laws 13-2101

• Certification: means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division. See Arizona Laws 3-3401
• Certified applicator: means an individual who is licensed by the division to provide pest management services in accordance with this chapter. See Arizona Laws 3-3601
• Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Arizona Laws 3-3601
• Charitable organization: means any organization including not more than one auxiliary of the organization, not for pecuniary profit, which is operated for charitable purposes within this state and which has been so engaged for two years prior to making application for a license under this article. See Arizona Laws 5-401
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Check: means any check, draft or other negotiable or nonnegotiable instrument of any kind. See Arizona Laws 13-1801
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child care facility: means a facility that is regulated pursuant to Title 36, Chapter 7. See Arizona Laws 3-3601
• Child monitoring device: means a device that is capable of transmitting an audio or audiovisual signal and that is installed or used in a residence for child supervision or safety monitoring by any parent, guardian or other responsible person in the person's own residence. See Arizona Laws 13-3001
• Clean air act: means the clean air act of 1963 (P. See Arizona Laws 3-3511
• Club: includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made only to members, spouses of members, families of members, bona fide guests of members and guests at other events authorized in this title:

  (a) A post, chapter, camp or other local unit composed solely of veterans and its duly recognized auxiliary that has been chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and that has, as the owner, lessee or occupant, operated an establishment for that purpose in this state. See Arizona Laws 4-101

• Coin machine: means a coin box, turnstile, vending machine or other mechanical, electrical or electronic device or receptacle that is designed to receive a coin or bill of a certain denomination or a token made for such purpose and that, in return for the insertion or deposit of the coin, bill or token, automatically offers, provides, assists in providing or permits the acquisition or use of some property or service. See Arizona Laws 13-2001
• Commercial device: means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes. See Arizona Laws 3-3401
• Commercial horse racing: means horse racing conducted other than by a county fair association. See Arizona Laws 5-101
• Commercial motorized watercraft: means a motorized watercraft that carries passengers or property for a valuable consideration that is paid to the owner, charterer, operator or agent or to any other person interested in the watercraft. See Arizona Laws 5-301
• Commission: means the Arizona game and fish commission. See Arizona Laws 5-301
• Commission: means the Arizona state lottery commission. See Arizona Laws 5-551
• Commission: means the historical advisory commission established by Section 41-151. See Arizona Laws 3-161
• Commission: means the Arizona racing commission. See Arizona Laws 5-101
• Commission: means the Arizona state boxing and mixed martial arts commission. See Arizona Laws 5-221
• Commodity: means any merchandise, product or substance produced or distributed for sale to or use by others. See Arizona Laws 3-3401
• Communication service provider: means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-3001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complete written instrument: means a written instrument that purports to be genuine and fully drawn with respect to every essential feature. See Arizona Laws 13-2001
• Concessionaire: means a person, partnership, association or corporation that offers goods or services for sale to the public, a permittee or a licensee at an enclosure in which authorized racing takes place or an additional wagering facility. See Arizona Laws 5-101
• Container: means any restrictive enclosure used to contain aquatic products for handling, packing or shipping. See Arizona Laws 3-2901
• Contest: means any boxing or mixed martial arts bout, event, contest, match or exhibition between two persons. See Arizona Laws 5-221
• Contraband: means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive, wireless communication device, multimedia storage device or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined in section 41-2801, or of any person within a correctional or juvenile secure care facility. See Arizona Laws 13-2501
• Contract: A legal written agreement that becomes binding when signed.
• Control: means the power to direct or cause the direction of the management and policies of an applicant or licensee, whether through the ownership of voting securities or a partnership interest, by agreement or otherwise. See Arizona Laws 4-101
• Controlling person: means a person directly or indirectly possessing control of an applicant or licensee. See Arizona Laws 4-101
• Correctional facility: means any place used for the confinement or control of a person:

  (a) Charged with or convicted of an offense; or

  (b) Held for extradition; or

  (c) Pursuant to an order of court for law enforcement purposes. See Arizona Laws 13-2501

• Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. See Arizona Laws 1-215
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County fair racing association: means an association duly authorized by the board of supervisors to conduct a county fair racing meeting for the benefit of the county. See Arizona Laws 5-101
• Craft distiller: means a distiller in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
• Craft producer: means a licensed farm winery, a licensed microbrewery or a licensed craft distiller. See Arizona Laws 4-101
• Credit: means an express agreement with the drawee for the payment of a check. See Arizona Laws 13-1801
• Credit card: means :

  (a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full therefor at a future time, whether or not all or any part of the indebtedness that is represented by the promise to make deferred payment is secured or unsecured. See Arizona Laws 13-2101

• Criminal negligence: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Critical public service facility: means :

  (a) A structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used by a rail, bus, air or other mass transit provider, a public or private utility, any municipal corporation, city, town or other political subdivision that is organized under state law and that generates, transmits, distributes or otherwise provides natural gas, liquefied petroleum gas, electricity or a combustible substance for a delivery system that is not a retail-only facility, a telecommunications carrier or telephone company, a municipal provider as defined in section 45-561, a law enforcement agency, a public or private fire department or an emergency medical service provider. See Arizona Laws 13-1501

• Culpable mental state: means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:

  (a) "Intentionally" or "with the intent to" means, with respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct. See Arizona Laws 13-105

• Custody: means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital. See Arizona Laws 13-2501
• Damage: means any physical or visual impairment of any surface. See Arizona Laws 13-1701
• Damaging: means damage as defined in section 13-1701. See Arizona Laws 13-1601
• Dangerous drug: means dangerous drug as defined in section 13-3401. See Arizona Laws 13-105
• Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
• De minimis violation: means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health. See Arizona Laws 3-3101
• Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 13-105
• Deadly weapon: means anything that is designed for lethal use. See Arizona Laws 13-3101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defacing: means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painting any notice on any structure, without permission from the owner. See Arizona Laws 13-1601
• Department: means the department of liquor licenses and control. See Arizona Laws 4-101
• Department: means the Arizona game and fish department. See Arizona Laws 5-301
• Department: means the department of gaming. See Arizona Laws 5-101
• Department: means the department of gaming. See Arizona Laws 5-221
• Department: means the department of administration. See Arizona Laws 5-531
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deprive: means to withhold the property interest of another either permanently or for so long a time period that a substantial portion of its economic value or usefulness or enjoyment is lost, to withhold with the intent to restore it only on payment of any reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered. See Arizona Laws 13-1801
• Desensitized: means that a horse's legs on arrival at the receiving barn or saddling paddock do not respond appropriately to tests for feeling administered by an official veterinarian. See Arizona Laws 5-101
• Device: means any instrument or contrivance that is intended to be used for trapping, destroying, repelling or mitigating any pest or other form of plant or animal life. See Arizona Laws 3-3601
• Devise: To gift property by will.
• Diesel fuel: means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975. See Arizona Laws 3-3401
• Direct supervision: means the use of a pesticide under the instructions, control and responsibility of a certified applicator who is available if needed for consultation or assistance even though the certified applicator is not physically present at the time and place the pesticide is used. See Arizona Laws 3-3601
• Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
• Director: means the director of the department of gaming. See Arizona Laws 5-101
• Director: means the director of the department of gaming. See Arizona Laws 5-221
• Director: means the director of the department of administration. See Arizona Laws 5-531
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distilled spirits: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, fruits preserved in ardent spirits, and any alcoholic mixture or preparation, whether patented or otherwise, that may in sufficient quantities produce intoxication. See Arizona Laws 4-101
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-2901
• Division: means the weights and measures services division of the department. See Arizona Laws 3-3401
• Division: means the pest management division of the department. See Arizona Laws 3-3601
• Docket: A log containing brief entries of court proceedings.
• Documented watercraft: means any watercraft currently registered as a watercraft of the United States pursuant to Title 46 of the Code of Federal Regulations, Part 67. See Arizona Laws 5-301
• Dog racing: means racing in which greyhound dogs chase a mechanical lure. See Arizona Laws 5-101
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
• Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that does not include any of the following:

  (a) Any wire or oral communication. See Arizona Laws 13-3001

• Electronic communication system: means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications. See Arizona Laws 13-3001
• Electronic storage: means either of the following:

  (a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission. See Arizona Laws 13-3001

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: includes a person employed by an enterprise or an agent or fiduciary of a principal. See Arizona Laws 13-2601
• Employee: means any person who performs any service on licensed premises on a full-time, part-time or contract basis with consent of the licensee, whether or not the person is denominated an employee or independent contractor or otherwise. See Arizona Laws 4-101
• Employee: means any person performing agricultural services for an employer. See Arizona Laws 3-3101
• Employer: includes an enterprise or principal. See Arizona Laws 13-2601
• Employer: means any individual or type of organization, including this state and its political subdivisions, which has in its employ one or more individuals performing agricultural services for it in employment, including self-employed persons. See Arizona Laws 3-3101
• Entered: means that a horse or dog has been registered with an authorized racing official as a participant in a specified race and has not been withdrawn prior to presentation of the horse or dog for inspection and testing as provided in section 5-105. See Arizona Laws 5-101
• Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
• Entity identifying information: includes , if the entity is a person other than a human being, any written document or electronic data that does or purports to provide information concerning the entity's name, address, telephone number, employer identification number, account number or electronic serial number, the identifying number of the entity's depository account or any other information or data that is unique to, assigned to or belongs to the entity and that is intended to be used to access services, funds or benefits of any kind that the entity owns or to which the entity is entitled. See Arizona Laws 13-2001
• Entry: means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property. See Arizona Laws 13-1501
• Equipment: means the receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the board or signs, however operated, used to announce or display the numbers or designations as they are drawn, the public address system, and all other articles essential to the operation, conduct and playing of bingo. See Arizona Laws 5-401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escape: means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-2501
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• establishment: means a house or place in which horses, asses, mules, burros, cows, sheep or goats are slaughtered, packed or processed. See Arizona Laws 3-2691
• Ethanol flex fuel: means a fuel ethanol gasoline blend that meets the specifications of ASTM D5798 standard specification for ethanol fuel blends for flexible-fuel automotive spark-ignition engines. See Arizona Laws 3-3401
• Executive director: means the executive director of the commission. See Arizona Laws 5-221
• Executor: A male person named in a will to carry out the decedent
• Explosive: means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. See Arizona Laws 13-3101
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Farm winery: means a winery in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
• Farmland: means land devoted primarily to the production for commercial purposes of livestock or agricultural commodities. See Arizona Laws 3-111
• Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. ^{Source: U.S. Courts}
• Fee fishing: means removing aquatic animals by any harvesting method from a privately controlled body of water as authorized by a direct or indirect payment of a fee. See Arizona Laws 3-2901
• Fenced commercial yard: means a unit of real property that is surrounded completely by fences, walls, buildings or similar barriers, or any combination of fences, walls, buildings or similar barriers, and that is zoned for business operations or where livestock, produce or other commercial items are located. See Arizona Laws 13-1501
• Fenced residential yard: means a unit of real property that immediately surrounds or is adjacent to a residential structure and that is enclosed by a fence, wall, building or similar barrier or any combination of fences, walls, buildings or similar barriers. See Arizona Laws 13-1501
• Fenced yard: means a unit of real property that is surrounded by fences, walls, buildings or similar barriers or any combination of fences, walls, buildings or similar barriers. See Arizona Laws 13-1501
• Final grade treatment: means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction. See Arizona Laws 3-3601
• Financial institution: means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit for funds or medium of savings or collective investment. See Arizona Laws 13-2201
• Financial interest: means any direct pecuniary interest. See Arizona Laws 5-101
• Financial security: means liability insurance, a deposit of cash or certified monies, a surety bond or an irrevocable and unconditional letter of credit from a federally chartered financial institution or a financial institution as defined in section 6-101. See Arizona Laws 3-3601
• Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. See Arizona Laws 13-3101
• Firm: means a business unit or enterprise that transacts business. See Arizona Laws 5-101
• Fleet owner: means a registered owner or lessee of at least twenty-five vehicles. See Arizona Laws 3-3401
• Force: means any physical act directed against a person as a means of gaining control of property. See Arizona Laws 13-1901
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forged instrument: means a written instrument that has been falsely made, completed or altered. See Arizona Laws 13-2001
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraternal organization: means any organization within this state, except college and high school fraternities, not for pecuniary profit, which is a branch or lodge or chapter of a national or state organization and exists for the common business, brotherhood or other interests of its members and which national or state organization has so existed for two years in Arizona prior to making application for a license under this article. See Arizona Laws 5-401
• Fresh meat: means meat of a horse, mule, ass, burro, cow, sheep or goat, and includes any product containing any such meat. See Arizona Laws 3-2691
• Funds: means money or credit. See Arizona Laws 13-1801
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gasoline: means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. See Arizona Laws 3-3401
• Gasoline dispensing site: means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel. See Arizona Laws 3-3511
• Gasoline provider: means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. See Arizona Laws 3-3401
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
• Government license: means a license to serve and sell spirituous liquor on specified premises available only to a state agency, state board, state commission, county, city, town, community college or state university or the national guard or Arizona coliseum and exposition center on application by the governing body of the state agency, state board, state commission, county, city, town, community college or state university or the national guard or Arizona exposition and state fair board. See Arizona Laws 4-101
• Governmental function: means any activity that a public servant is legally authorized to undertake on behalf of a government. See Arizona Laws 13-105
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• Gross receipts: means the total of the following:

  (a) The receipts from the sale of shares, tickets or rights in any manner connected with participation in a game of bingo or the right to participate therein, including any admission fee, charge for cards, daubers or other devices, the sale of equipment or supplies and all other miscellaneous receipts, excluding sales of food or beverages or other products which are not required to play bingo games. See Arizona Laws 5-401

• group home: means a child welfare agency that receives for care and maintenance a child who has been adjudicated dependent or a community residential setting as defined in section 36-551. See Arizona Laws 13-1401
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Handle: means the total amount of money contributed to all pari-mutuel pools by bettors. See Arizona Laws 5-101
• Harness racing: means horse racing in which the horses are harnessed to a sulky, carriage or similar vehicle and driven by a driver. See Arizona Laws 5-101
• Homeowners association: means a nonprofit corporation or association that is established to own, lease or manage common, limited access lots, parcels, areas, grounds or streets of a real estate development and that has continuously engaged in those activities in this state for at least two years immediately before applying for a license. See Arizona Laws 5-401
• Homicide: means first degree murder, second degree murder, manslaughter or negligent homicide. See Arizona Laws 13-1101
• Horse racing: means racing in which horses are mounted and ridden by jockeys. See Arizona Laws 5-101
• Household pests: means pests, other than wood-destroying organisms, that invade households or other structures, including rodents, vermin and insects. See Arizona Laws 3-3601
• Immediate supervision: means the use of a pesticide by an individual acting under the instructions, control and responsibility of a certified applicator who is within the direct line of sight or within hearing distance of the individual and who is available for consultation or assistance at the time and place the pesticide is used. See Arizona Laws 3-3601
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Improvised explosive device: means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass. See Arizona Laws 13-3101
• In the course of committing: means any acts that are performed by an intruder from the moment of entry to and including flight from the scene of a crime. See Arizona Laws 13-1501
• In the course of committing: includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery. See Arizona Laws 13-1901
• Incomplete credit card: means a credit card on which part of the matter, other than the signature of the cardholder, which an issuer requires to appear before it can be used by a cardholder, has not been stamped, embossed, imprinted or written. See Arizona Laws 13-2101
• Incomplete written instrument: means a written instrument that contains some matter by way of content or authentication but that requires additional matter to render it a complete written instrument. See Arizona Laws 13-2001
• Inhabitant: means a resident of a city, town, village, district, county or precinct. See Arizona Laws 1-215
• Initial corrective treatment: means the first postconstruction treatment of any kind performed by a licensee, excluding a treatment performed under warranty by a licensee who has performed the pretreatment or new-construction treatment. See Arizona Laws 3-3601
• Inquiry: means an initial investigation of possible violations of this chapter or rules adopted pursuant to this chapter based on information received from the public or division staff. See Arizona Laws 3-3601
• Insolvent: means that, for any reason, a financial institution is unable to pay its obligations in the ordinary or usual course of business or the present fair salable value of its assets is less than the amount that will be required to pay its probable liabilities on its existing debts as they become absolute and matured. See Arizona Laws 13-2201
• Inspector: means a state official of the division. See Arizona Laws 3-3401
• Integrated pest management: means a sustainable approach to managing pests that combines biological, cultural, physical and chemical tools in a way that minimizes economic, health and environmental risks. See Arizona Laws 3-3601
• Intercept: means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device. See Arizona Laws 13-3001
• Issue: means to deliver or cause to be delivered a check to a person who thereby acquires a right against the drawer with respect to the check. See Arizona Laws 13-1801
• Issuer: means any business organization, state agency or financial institution, or its duly authorized agent, that issues a credit card. See Arizona Laws 13-2101
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Juror: means any person who is a member of any impaneled jury or grand jury, and includes any person who has been drawn or summoned to attend as a prospective juror. See Arizona Laws 13-2801
• Kickboxing: means a form of boxing, including muay thai pursuant to rules and regulations of the United States muay thai association or another muay thai sanctioning body that is approved by the commission, in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot. See Arizona Laws 5-221
• Lawful purposes: means the expenditure of net proceeds of a game of bingo exclusively by a licensee for the purposes of carrying out its mission and its aims or for the purpose of charity. See Arizona Laws 5-401
• Lawful use: means the devotion of the entire net proceeds of a game of bingo exclusively to a lawful purpose or to lawful purposes. See Arizona Laws 5-401
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal drinking age: means twenty-one years of age or older. See Arizona Laws 4-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license or an interim retail permit issued pursuant to this title. See Arizona Laws 4-101
• License: means a license issued by the licensing authority pursuant to this article. See Arizona Laws 5-401
• License: means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department. See Arizona Laws 5-101
• License fees: means fees collected for license issuance, license application, license renewal, interim permit issuance and license transfer between persons or locations. See Arizona Laws 4-101
• Licensee: means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee. See Arizona Laws 4-101
• Licensee: means any person or qualified organization to which a license has been issued by the licensing authority. See Arizona Laws 5-401
• Licensing authority: means the department of revenue. See Arizona Laws 5-401
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value. See Arizona Laws 13-1601
• Local governing body: means the governing body of a city or town or the board of supervisors of the county for locations outside a city or town. See Arizona Laws 5-401
• Lot: means one or more consolidated containers identified as a single item or unit. See Arizona Laws 3-2901
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Manager: means a natural person who meets the standards required of licensees and who has authority to organize, direct, carry on, control or otherwise operate a licensed business on a temporary or full-time basis. See Arizona Laws 4-101
• Manager: means a person who has overall responsibility for conducting bingo games by a licensee and is designated as a manager in the application for a license. See Arizona Laws 5-401
• Manipulation key: means a key, device or instrument, other than a key that is designed to operate a specific lock, that can be variably positioned and manipulated in a vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or rocker key. See Arizona Laws 13-1501
• Marijuana: means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. See Arizona Laws 13-2901
• Master key: means a key that operates all the keyed locks or cylinders in a similar type or group of locks. See Arizona Laws 13-1501
• Material: means that which could have affected the course or outcome of any proceeding or transaction. See Arizona Laws 13-2701
• Material misrepresentation: means a pretense, promise, representation or statement of present, past or future fact that is fraudulent and that, when used or communicated, is instrumental in causing the wrongful control or transfer of property or services. See Arizona Laws 13-1801
• Means of transportation: means any vehicle. See Arizona Laws 13-1801
• Member: means an individual who has qualified for membership in a qualified organization or its auxiliary pursuant to its bylaws, articles of incorporation, charter, rules or similar written instrument and who has been a member in good standing for at least two years. See Arizona Laws 5-401
• mental defect: means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. See Arizona Laws 13-1401
• Merchant: means a person who is authorized under a written contract with a participating party to furnish money, goods, services or anything else of value on presentation of a credit card by a cardholder. See Arizona Laws 13-2101
• Microbrewery: means a brewery in the United States or in a territory or possession of the United States that meets the requirements of Section 4-205. See Arizona Laws 4-101
• Minority leader: See Floor Leaders
• Mislabeled: means :

  (a) Varying from the standard of truth or disclosure in labeling prescribed by statute or administrative regulation or, if none, as set by established commercial usage; or

  (b) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity. See Arizona Laws 13-2201

• Misleading statement: means an offer to sell property or services when the offerer does not intend to sell or provide the advertised property or services:

  (a) At a price equal to or lower than the price offered; or

  (b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity available is specifically stated in the advertisement; or

  (c) At all. See Arizona Laws 13-2201

• Mixed martial arts: means any form of competition or contest, other than boxing or kickboxing, in which blows are delivered and in which the competitors use any combination of tactics including boxing, wrestling, striking, kicking, martial arts and submission techniques. See Arizona Laws 5-221
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Motor fuel: means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels. See Arizona Laws 3-3401
• Motor vehicle racing event: means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. See Arizona Laws 3-3401
• Motorboat: means any watercraft that is not more than sixty-five feet in length and that is propelled by machinery whether or not such machinery is the principal source of propulsion. See Arizona Laws 5-301
• Motorized watercraft: means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion. See Arizona Laws 5-301
• Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
• Net proceeds: means the receipts less such expenses, charges, fees and deductions as are specifically authorized under this article. See Arizona Laws 5-401
• New member: means an individual who has qualified and been approved by the appropriate parent organization or state or national organization for membership in a qualified organization including auxiliaries pursuant to its bylaws, articles of incorporation, charter, rules or similar written instrument and who has been a member in good standing for at least thirty days but less than two years. See Arizona Laws 5-401
• New-construction treatment: means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed. See Arizona Laws 3-3601
• Nighttime: means the period between sunset and sunrise. See Arizona Laws 1-215
• Nonresident: means a citizen of the United States or an alien person who is not domiciled in this state and who is not a resident as defined in this section. See Arizona Laws 5-301
• Nonresidential structure: means any structure other than a residential structure and includes a retail establishment. See Arizona Laws 13-1501
• Nonserious violation: means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or rule and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the condition or practice. See Arizona Laws 3-3101
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Arizona Laws 1-215
• Obtain: means to bring about or to receive the transfer of any interest in property, whether to a defendant or to another, or to secure the performance of a service or the possession of a trade secret. See Arizona Laws 13-1801
• Occasion: means a gathering at which bingo games are played. See Arizona Laws 5-401
• Occupied structure: means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. See Arizona Laws 13-1701
• Occupied structure: means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. See Arizona Laws 13-3101
• Off-sale retailer: means any person that operates a bona fide regularly established retail liquor store that sells spirituous liquors, wines and beer and any established retail store that sells commodities other than spirituous liquors and that is engaged in the sale of spirituous liquors only in the original unbroken package, to be taken away from the premises of the retailer and to be consumed off the premises. See Arizona Laws 4-101
• Office: means the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
• Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath. See Arizona Laws 13-2801
• Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
• On-sale retailer: means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises. See Arizona Laws 4-101
• Operate: means to operate or be in actual physical control of a watercraft while on public waters. See Arizona Laws 5-301
• Operator: means a person who operates or is in actual physical control of a watercraft. See Arizona Laws 5-301
• Oral communication: means a spoken communication that is uttered by a person who exhibits an expectation that the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication. See Arizona Laws 13-3001
• Oral sexual contact: means oral contact with the penis, vulva or anus. See Arizona Laws 13-1401
• Other structures: includes railroad cars, boats, docks, motor vehicles or airplanes and their contents. See Arizona Laws 3-3601
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person in possession of and legally entitled to dispose of aquatic products. See Arizona Laws 3-2901
• Oxygenate: means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code § 7545(f). See Arizona Laws 3-3401
• Oxygenated fuel: means an unleaded motor fuel blend that consists primarily of gasoline and at least one and one-half percent by weight of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code § 7545(f). See Arizona Laws 3-3401
• Package: means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade. See Arizona Laws 3-3401
• Pari-mutuel wagering: means a system of betting that provides for the distribution among the winning patrons of at least the total amount wagered less the amount withheld under state law. See Arizona Laws 5-101
• Participating party: means a business organization or financial institution that is obligated or permitted by contract to acquire by electronic transmission or other means from a merchant a sales slip or sales draft or instrument for the payment of money evidencing a credit card transaction and from whom an issuer is obligated or permitted by contract to acquire by electronic transmission or other means such sales slip, sales draft or instrument for the payment of money evidencing a credit card transaction. See Arizona Laws 13-2101
• Party officer: means a person who holds any position or office in a political party, whether by election, appointment or otherwise. See Arizona Laws 13-2601
• Pen register: means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
• Permanent occupancy: means the maximum occupancy of the building or facility as set by the office of the state fire marshal for the jurisdiction in which the building or facility is located. See Arizona Laws 4-101
• Permit: means a permit for a racing meeting issued under this article. See Arizona Laws 5-101
• Person: means a human being. See Arizona Laws 13-1101
• Person: means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer. See Arizona Laws 13-3001
• Person: includes a partnership, limited liability company, association, company or corporation, as well as a natural person. See Arizona Laws 4-101
• Person: means an individual, partnership, corporation, group, company, society or association. See Arizona Laws 3-2901
• Person: means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations. See Arizona Laws 3-3401
• Person: includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof. See Arizona Laws 5-301
• Person: means a natural person, firm, association, corporation or other legal entity. See Arizona Laws 5-401
• Personal identifying information: means any written document or electronic data that does or purports to provide information concerning a name, signature, electronic identifier or screen name, electronic mail signature, address or account, biometric identifier, driver or professional license number, access device, residence or mailing address, telephone number, employer, student or military identification number, social security number, tax identification number, employment information, citizenship status or alien identification number, personal identification number, photograph, birth date, savings, checking or other financial account number, credit card, charge card or debit card number, mother's maiden name, fingerprint or retinal image, the image of an iris or deoxyribonucleic acid or genetic information. See Arizona Laws 13-2001
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• Pest management services: means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section 3-3603, subsection B, paragraph 17 for the purpose of eliminating, exterminating, controlling or preventing infestations. See Arizona Laws 3-3601
• Pesticide: means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment. See Arizona Laws 3-3601
• Physical evidence: means any article, object, document, record or other thing of physical substance. See Arizona Laws 13-2801
• Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 13-105
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Political subdivision: means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48. See Arizona Laws 3-3601
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Position of trust: means a person who is or was any of the following:

  (a) The minor's parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent. See Arizona Laws 13-1401

• Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
• Postconstruction treatment: means a treatment to control wood-destroying organisms in or around an existing structure performed after all soil disturbance associated with construction is complete and after an applicator has completed an inspection of the structure and a treatment proposal under section 3-3632, subsections A and B. See Arizona Laws 3-3601
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Premeditation: means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. See Arizona Laws 13-1101
• Premises: means any room, hall, building, enclosure or outdoor area used for the purpose of playing a game of bingo. See Arizona Laws 5-401
• Pretreatment: means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers. See Arizona Laws 3-3601
• Prior violation: means any violation for which disciplinary action was taken within a five-year period before the date of the violation for which current disciplinary action is sought. See Arizona Laws 3-3601
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeds coordinator: means a person who has primary responsibility for the use of bingo game proceeds in accordance with law and for all checks issued from bingo game proceeds and is designated as the proceeds coordinator in the application for a license. See Arizona Laws 5-401
• Product transfer document: means any bill of lading, loading ticket, manifest, delivery receipt, invoice or other documentation used on any occasion when a person transfers custody or title of motor fuel other than when motor fuel is sold or dispensed at a service station or fleet vehicle fueling facility. See Arizona Laws 3-3401
• Professional: means any person who competes for any money prize or a prize that exceeds the value of thirty-five dollars or teaches or pursues or assists in the practice of boxing or mixed martial arts as a means of obtaining a livelihood or pecuniary gain. See Arizona Laws 5-221
• Prohibited possessor: means any person:

  (a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925. See Arizona Laws 13-3101

• Property: means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership. See Arizona Laws 13-1701
• Property: means any thing of value, tangible or intangible, including trade secrets. See Arizona Laws 13-1801
• Property: includes both real and personal property. See Arizona Laws 1-215
• Property of another: means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest and, for damage caused by theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of the defendant. See Arizona Laws 13-1601
• Property of another: means property in which any person other than the defendant has an interest on which the defendant is not privileged to infringe, including property in which the defendant also has an interest, notwithstanding the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. See Arizona Laws 13-1801
• Property of another: means property of another as defined in section 13-1801. See Arizona Laws 13-1901
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public: means affecting or likely to affect a substantial group of persons. See Arizona Laws 13-2901
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public waters: means any body of water that is publicly owned or that the public is allowed to use without permission of the owner on which a motorized watercraft can be navigated, including that part of waters that is common to interstate boundaries and that is within the boundaries of this state. See Arizona Laws 5-301
• Public weighmaster: means any person who is engaged in any of the following:

  (a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight on which a purchase or sale is to be based or on which a service fee is to be charged. See Arizona Laws 3-3401

• Qualified organization: means a homeowners association or any bona fide charitable, fraternal, religious, social, veterans' organization or volunteer firefighters organization, or nonprofit ambulance service as defined in section 41-1831 or any chartered branch or lodge or chapter of such national or state organization which operates without profit to its members and which has been in existence continuously for a period of two years in Arizona immediately before applying for a license under this article, and may include not more than one identified auxiliary of any such organization. See Arizona Laws 5-401
• Qualifying party: means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district. See Arizona Laws 3-3601
• Quorum: The number of legislators that must be present to do business.
• Racing meeting: means a number of days of racing allotted by the commission in one permit. See Arizona Laws 5-101
• Readily accessible to the general public: means a radio communication that is not:

  (a) Scrambled or encrypted. See Arizona Laws 13-3001

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• receiving: means acquiring possession or control of a credit card or accepting a credit card as security for a loan. See Arizona Laws 13-2101
• Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Recognized hazard: means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry. See Arizona Laws 3-3101
• Reencoder: means an electronic device that places encoded information from the magnetic strip or stripe of a credit card onto the magnetic strip or stripe of a different credit card. See Arizona Laws 13-2101
• Reference standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived. See Arizona Laws 3-3401
• Register: means the Arizona register of heritage agriculture. See Arizona Laws 3-161
• Registered mail: includes certified mail. See Arizona Laws 1-215
• Registered retail agent: means any person who is authorized pursuant to section 4-222 to purchase spirituous liquors for and on behalf of the person and other retail licensees. See Arizona Laws 4-101
• Registered service agency: means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division. See Arizona Laws 3-3401
• Registered service representative: means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division. See Arizona Laws 3-3401
• Relative: means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse. See Arizona Laws 13-1301
• Religious organization: means any organization, church, body of communicants or group, not for pecuniary profit, gathered in common membership for regular worship and religious observances and which organization has been so gathered or united for two years prior to making application for a license under this article. See Arizona Laws 5-401
• Remote computing service: means providing to the public any computer storage or processing services by means of an electronic communication system. See Arizona Laws 13-3001
• Repeated acts of violence: means :

  (a) For licensed premises with a permanent occupancy of two hundred or fewer persons, two or more acts of violence occurring within seven days or three or more acts of violence occurring within thirty days. See Arizona Laws 4-101

• Reporting period: means the applicable reporting period prescribed in section 5-413. See Arizona Laws 5-401
• Resident: means a person who is either:

  (a) A member of the armed forces of the United States on active duty and stationed in this state for a period of thirty days immediately before the date of application for a watercraft decal. See Arizona Laws 5-301

• Residential structure: means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not. See Arizona Laws 13-1501
• Restrain: means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. See Arizona Laws 13-1301
• Retail seller: means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count. See Arizona Laws 3-3401
• Revocation: means invalidating the certificate of number, numbers and annual validation decals issued by the department to a watercraft and prohibiting the operation of the watercraft on the waters of this state during a period of noncompliance with this chapter. See Arizona Laws 5-301
• Revocation: means the disciplinary termination of bingo license activity. See Arizona Laws 5-401
• Rowing shell: means a manually propelled watercraft that is recognized by a national racing association for use in practice, training or competitive rowing. See Arizona Laws 5-301
• Rule: means a written rule of agricultural safety and health governing places of agricultural employment which is adopted pursuant to section 3-3106 or 3-3108, exclusive of standards. See Arizona Laws 3-3101
• Scanning device: means a scanner, reader or other electronic device that is used to access, read, scan, obtain, memorize, transmit or store, temporarily or permanently, information that is encoded on a magnetic strip or stripe of a credit card. See Arizona Laws 13-2101
• School: means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802. See Arizona Laws 3-3601
• Secondary standards: means the physical standards that are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and that are used in the enforcement of weights and measures laws and rules. See Arizona Laws 3-3401
• Security interest: means an interest in personal property or fixtures pursuant to Title 47, Chapter 9. See Arizona Laws 13-2201
• Sell: includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in. See Arizona Laws 4-101
• Serious violation: means a condition or practice in a place of agricultural employment which violates a standard or rule or section 3-3104, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice. See Arizona Laws 3-3101
• Service vehicle: means a motor vehicle, including a trailer attached to the motor vehicle, that is used to transport equipment or pesticides for the business of pest management. See Arizona Laws 3-3601
• Services: includes labor, professional services, transportation, cable service and video service, computer or communication services, gas or electricity services, accommodation in hotels, restaurants or leased premises or elsewhere, admission to exhibitions and use of vehicles or other movable property. See Arizona Laws 13-1801
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual intercourse: means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. See Arizona Laws 13-1401
• Simulcast: means the telecast shown within this state of live audio and visual signals of horse, harness or dog races conducted at an out-of-state track or the telecast shown outside this state of live audio and visual signals of horse or harness races originating within this state for the purpose of pari-mutuel wagering. See Arizona Laws 5-101
• Slug: means an object, article or device that by virtue of its size, its shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as a fraudulent substitute for a genuine token, lawful coin or bill of the United States. See Arizona Laws 13-2001
• Source market fee: means the fee that an advance deposit wagering provider pays to a commercial permittee in the state where the advance deposit wagering customer resides. See Arizona Laws 5-101
• Special anchorage area: means an area set aside and under the control of a federal, state or local governmental agency, or by a duly authorized marina operator or concessionaire for the mooring, anchoring or docking of watercraft. See Arizona Laws 5-301
• Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 4-101
• Spouse: means a person who is legally married and cohabiting. See Arizona Laws 13-1401
• Standard: means any agricultural safety and health standard which has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and has the same meaning as and includes the term "code". See Arizona Laws 3-3101
• state lottery: means the lottery created and operated pursuant to this chapter. See Arizona Laws 5-551
• State of principal operation: means the state where a watercraft is primarily used, navigated or employed. See Arizona Laws 5-301
• Statement: means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. See Arizona Laws 13-2701
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Structure: means any device that accepts electronic or physical currency and that is used to conduct commercial transactions, any vending machine or any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage. See Arizona Laws 13-1501
• Structure: means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage. See Arizona Laws 13-1701
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
• Summons: Another word for subpoena used by the criminal justice system.
• Supervisor: means the supervisor of aquaculture or the supervisor's authorized representative. See Arizona Laws 3-2901
• Supervisor: means a person who is primarily responsible for the conduct of bingo games on each occasion including the supervision of all activities and the making of any report required by the licensing authority for the occasion. See Arizona Laws 5-401
• Supplier: means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area. See Arizona Laws 3-3401
• Suspension: means the disciplinary termination of bingo license activity for a period of less than five years. See Arizona Laws 5-401
• Tampering with utility property: means any of the following if committed against property that is owned or operated by a utility for the purposes of transmission or distribution:

  (a) Rearranging, damaging, altering, interfering with or otherwise preventing the performance of a normal or customary function of utility property. See Arizona Laws 13-1601

• Tamperproof sealed: means designed to prevent consumption without the removal of a tamperproof cap, seal, cork or closure that has a device, mechanism or adhesive that clearly shows whether a container has been opened. See Arizona Laws 4-101
• Teacher: means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state. See Arizona Laws 13-1401
• Telephone: means any device that a person uses for voice communications in connection with the services of a telephone company. See Arizona Laws 5-101
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
• Threat: means a threat proscribed by section 13-1804, subsection A. See Arizona Laws 13-2801
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tough man contest: means any boxing match consisting of one minute rounds, between two or more persons who use their hands, wearing padded gloves that weigh at least twelve ounces, or their feet, or both, in any manner. See Arizona Laws 5-221
• Trafficking: means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person. See Arizona Laws 13-3101
• Trainer: means a person who is certified by the department pursuant to section 3-3125 for training individuals in agricultural health and safety standards. See Arizona Laws 3-3101
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transporter: means a person that transports live aquatic animals or plants to persons who are licensed to resell, process or stock aquatic animals or plants. See Arizona Laws 3-2901
• Trap and trace device: means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Unauthorized racing meeting: means any racing meeting conducted outside the bounds of a permit. See Arizona Laws 5-101
• Underway: means a watercraft that is not at anchor, is not made fast to the shore or is not aground. See Arizona Laws 5-301
• Undocumented watercraft: means any watercraft that does not have and is not required to have a valid marine document as a watercraft of the United States. See Arizona Laws 5-301
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Utility: means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air. See Arizona Laws 13-1601
• Value: means the fair market value of the property or services at the time of the theft. See Arizona Laws 13-1801
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Vehicle: means any means of transportation by land, water or air, and includes everything made use of in any way for such transportation. See Arizona Laws 4-101
• Vehicle emissions control area: means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area. See Arizona Laws 3-3401
• Vending machine: means a machine that dispenses merchandise or service through the means of currency, coin, token, credit card or other nonpersonal means of accepting payment for merchandise or service received. See Arizona Laws 13-1501
• Vending machine: means a machine that dispenses merchandise through the means of coin, token, credit card or other nonpersonal means of accepting payment for merchandise received. See Arizona Laws 4-101
• Venue: The geographical location in which a case is tried.
• Veteran: means a person who has served in the United States air force, army, navy, marine corps or coast guard, as an active nurse in the services of the American red cross, in the army and navy nurse corps in time of war, or in any expedition of the armed forces of the United States, and who has received a discharge other than dishonorable. See Arizona Laws 4-101
• Volunteer firefighters organization: means any organization within this state, not for pecuniary profit, established pursuant to Title 48, Chapter 5 which has been in existence continuously for two years immediately before applying for a license under this article. See Arizona Laws 5-401
• Wakeless speed: means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour. See Arizona Laws 5-301
• Watercraft: means any boat designed to be propelled by machinery, oars, paddles or wind action on a sail for navigation on the water, or as may be defined by rule of the commission. See Arizona Laws 5-301
• Waterway: means any body of water, public or private, on which a watercraft can be navigated. See Arizona Laws 5-301
• Weed: means any plant that grows where it is not wanted. See Arizona Laws 3-3601
• Week: means seven consecutive days beginning on Monday and ending on Sunday, mountain standard time. See Arizona Laws 5-101
• Wildland: means any brush covered land, cutover land, forest, grassland or woods. See Arizona Laws 13-1701
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Wine: means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohol by volume. See Arizona Laws 4-101
• Without consent: includes any of the following:

  (a) The victim is coerced by the immediate use or threatened use of force against a person or property. See Arizona Laws 13-1401

• Wood-destroying insect inspection report: means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction. See Arizona Laws 3-3601
• Wood-destroying organisms: means organisms that attack, damage or destroy wood or wood-derivative products, but does not include birds or mammals. See Arizona Laws 3-3601
• Workplace: means a location or site where temporary or permanent work is conducted in connection with agriculture. See Arizona Laws 3-3101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
• Written instrument: means either:

  (a) Any paper, document or other instrument that contains written or printed matter or its equivalent. See Arizona Laws 13-2001