Utah Code > Title 17 > Chapter 27a > Part 10 – Vested Critical Infrastructure Materials Operations


§ 17-27a-1001	Definitions
§ 17-27a-1002	Vested critical infrastructure materials operations — Conclusive presumption
§ 17-27a-1003	Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations
§ 17-27a-1004	Notice
§ 17-27a-1005	Abandonment of a vested critical infrastructure materials operations

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Terms Used In Utah Code > Title 17 > Chapter 27a > Part 10 - Vested Critical Infrastructure Materials Operations

Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Utah Code 70A-5-102
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Aggravating circumstances: means :
     (1)(a) prior warnings about compliance problems;
     (1)(b) a prior violation history;
     (1)(c) a lack of written policies governing employee conduct;
     (1)(d) multiple violations during the course of an investigation;
     (1)(e) efforts to conceal a violation;
     (1)(f) an intentional violation;
     (1)(g) the violation involved more than one patron or employee; or
     (1)(h) a violation that results in injury or death. See Utah Code 32B-3-102
Alcoholic beverage: means the following:
(3)(a) beer; or
(3)(b) liquor. See Utah Code 32B-1-102
Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
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.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a person at whose request or for whose account a letter of credit is issued. See Utah Code 70A-5-102
Beer: means a product that:
(11)(a)(i) contains:
(11)(a)(i)(A) at least . See Utah Code 32B-1-102
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}
Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Utah Code 70A-5-102
Brewer: means a person engaged in manufacturing:
     (16)(a) beer;
     (16)(b) heavy beer; or
     (16)(c) a flavored malt beverage. See Utah Code 32B-1-102
Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Community location: means :
     (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
     (23)(b) a church;
     (23)(c) a public library;
     (23)(d) a public playground; or
     (23)(e) a public park. See Utah Code 32B-1-102
Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Utah Code 70A-5-102
Consumer purchasing system: means the consumer purchasing system established in Section 32B-2-802. See Utah Code 32B-2-801
Container: means a receptacle that contains an alcoholic product, including:
     (25)(a) a bottle;
     (25)(b) a vessel; or
     (25)(c) a similar item. See Utah Code 32B-1-102
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001
Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(3)(a) owns, controls, or manages a critical infrastructure materials operations; and
(3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-27a-1001
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Department compliance officer: means an individual who is:
(31)(a) an auditor or inspector; and
(31)(b) employed by the department. See Utah Code 32B-1-102
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.
Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
(35)(a) against a person subject to administrative action; and
(35)(b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-701
Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-801
Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion:
(6)(a) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in Subsection 70A-5-108(5); and
(6)(b) which is capable of being examined for compliance with the terms and conditions of the letter of credit. See Utah Code 70A-5-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
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}
Fraud: Intentional deception resulting in injury to another.
Furnish: includes to:
          (47)(b)(i) serve;
          (47)(b)(ii) deliver; or
          (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
Good faith: means honesty in fact in the conduct or transaction concerned. See Utah Code 70A-5-102
Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
Hotel: includes a commercial lodging establishment that:
(53)(b)(i) meets the requirements under Subsection (53)(a); and
(53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
(58)(a) law; or
(58)(b) court order. See Utah Code 32B-1-102
intoxication: means that
     an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
     (60)(a) an alcoholic product;
     (60)(b) a controlled substance;
     (60)(c) a substance having the property of releasing toxic vapors; or
     (60)(d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102
Investigator: means an individual who is:
(61)(a) a department compliance officer; or
(61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Utah Code 70A-5-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Letter of credit: means a definite undertaking that satisfies the requirements of Section 70A-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Utah Code 70A-5-102
License: means :
     (62)(a) a retail license;
     (62)(b) a sublicense;
     (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
     (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
     (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
     (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
     (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
Licensee: means a person who holds a license. See Utah Code 32B-1-102
Liquor: includes :
               (66)(a)(ii)(A) heavy beer;
               (66)(a)(ii)(B) wine; and
               (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local authority: means :
     (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
     (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
     (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
          (75)(a)(i)
               (75)(a)(i)(A) under the control of the United States Department of Defense; or
               (75)(a)(i)(B) of the National Guard;
          (75)(a)(ii) that is located within the state; and
          (75)(a)(iii) including a leased facility. See Utah Code 32B-1-102
Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
Mitigating circumstances: means :
     (3)(a) no prior violation history for the licensee or permittee;
     (3)(b) no prior violation history for the individual who committed the violation;
     (3)(c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
     (3)(d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation. See Utah Code 32B-3-102
Nominated person: means a person whom the issuer:
(11)(a) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and
(11)(b) undertakes by agreement or custom and practice to reimburse. See Utah Code 70A-5-102
Nonconforming use: means a use of land that:
     (48)(a) legally existed before the current land use designation;
     (48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
     (48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103
Nondepartment enforcement agency: means an agency that:
     (78)(a)
          (78)(a)(i) is a state agency other than the department; or
          (78)(a)(ii) is an agency of a county, city, or town; and
     (78)(b) has a responsibility to enforce one or more provisions of this title. See Utah Code 32B-1-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Package agency: means a retail liquor location operated:
     (85)(a) under an agreement with the department; and
     (85)(b) by a person:
          (85)(b)(i) other than the state; and
          (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
     (87)(a) a customer;
     (87)(b) a member;
     (87)(c) a guest;
     (87)(d) an attendee of a banquet or event;
     (87)(e) an individual who receives room service;
     (87)(f) a resident of a resort; or
     (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
Permittee: means a person issued a permit under:
(89)(a) Chapter 9, Event Permit Act; or
(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Person subject to administrative action: means :
     (90)(a) a licensee;
     (90)(b) a permittee;
     (90)(c) a manufacturer;
     (90)(d) a supplier;
     (90)(e) an importer;
     (90)(f) one of the following holding a certificate of approval:
          (90)(f)(i) an out-of-state brewer;
          (90)(f)(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
          (90)(f)(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
     (90)(g) staff of:
          (90)(g)(i) a person listed in Subsections (90)(a) through (f); or
          (90)(g)(ii) a package agent. See Utah Code 32B-1-102
Plaintiff: The person who files the complaint in a civil lawsuit.
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Utah Code 70A-5-102
Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Utah Code 70A-5-102
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Proof of age: means :
          (97)(a)(i) an identification card;
          (97)(a)(ii) an identification that:
               (97)(a)(ii)(A) is substantially similar to an identification card;
               (97)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
               (97)(a)(ii)(C) includes date of birth; and
               (97)(a)(ii)(D) has a picture affixed;
          (97)(a)(iii) a valid driver license certificate that:
               (97)(a)(iii)(A) includes date of birth;
               (97)(a)(iii)(B) has a picture affixed; and
               (97)(a)(iii)(C) is issuedunder Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, orin accordance with federal law by the United States Department of State;
          (97)(a)(iv) a military identification card that:
               (97)(a)(iv)(A) includes date of birth; and
               (97)(a)(iv)(B) has a picture affixed; or
          (97)(a)(v) a valid passport. See Utah Code 32B-1-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70A-5-102
Record: includes :
          (103)(b)(i) a book;
          (103)(b)(ii) a book of account;
          (103)(b)(iii) a paper;
          (103)(b)(iv) a contract;
          (103)(b)(v) an agreement;
          (103)(b)(vi) a document; or
          (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
(114)(a) hotel; or
(114)(b) resort facility. See Utah Code 32B-1-102
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
Staff: includes :
          (128)(b)(i) an officer;
          (128)(b)(ii) a director;
          (128)(b)(iii) an employee;
          (128)(b)(iv) personnel management;
          (128)(b)(v) an agent of the licensee, including a managing agent;
          (128)(b)(vi) an operator; or
          (128)(b)(vii) a representative. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and
(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102
Statute: A law passed by a legislature.
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
Subdivision: includes :
(73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
Subpoena: A command to a witness to appear and give testimony.
Subscriber: means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). See Utah Code 32B-2-701
Subscription program: means the wine subscription program established in Section 32B-2-702. See Utah Code 32B-2-701
Successor of a beneficiary: means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. See Utah Code 70A-5-102
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Trustee: A person or institution holding and administering property in trust.
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}
Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
(4)(b) January 1, 2019. See Utah Code 17-27a-1001
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
Wine subscription: means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. See Utah Code 32B-2-701
Wine subscription business: means a person that:
(5)(a) sells or offers for sale a wine subscription; and
(5)(b) contracts with the department to participate in the subscription program. See Utah Code 32B-2-701
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5