Terms Used In Utah Code > Title 35A > Chapter 8 > Part 22 - Commission on Housing Affordability

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• 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.
• Amusement device: includes :
            (1)(b)(i) a video game;
            (1)(b)(ii) a driving simulator;
            (1)(b)(iii) an electronic game;
            (1)(b)(iv) a claw machine;
            (1)(b)(v) a bowling game;
            (1)(b)(vi) a shuffleboard game;
            (1)(b)(vii) a skee-ball game;
            (1)(b)(viii) a pool table;
            (1)(b)(ix) a pinball machine;
            (1)(b)(x) a target machine; and
            (1)(b)(xi) a baseball machine. See Utah Code 76-10-1101
• Amusement facility: means a facility that:
       (2)(a) is operated primarily for the purpose of providing amusement or entertainment to customers;
       (2)(b) is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device;
       (2)(c) receives a substantial amount of the facility's revenue from the operation of amusement devices; and
       (2)(d) does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriate reward: means a reward that:
            (3)(a)(i) an individual receives as a result of the individual's participation in or use of an amusement device; and
            (3)(a)(ii) provides:

                 (3)(a)(ii)(A) full and adequate return for money, a token, or other consideration or value invested into the amusement device;

                 (3)(a)(ii)(B) an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value;

                 (3)(a)(ii)(C) a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or

                 (3)(a)(ii)(D) tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101
• Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Commission on Housing Affordability created in Section 35A-8-2202. See Utah Code 35A-8-2201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Dependent: A person dependent for support upon another.
• Director: means the director of the division. See Utah Code 35A-8-101
• Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
• 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.
• Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fraud: Intentional deception resulting in injury to another.
• Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
• Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
• Gambling: includes a lottery. See Utah Code 76-10-1101
• Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
• Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Housing affordability: means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
• 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
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
• Moderate income housing unit: means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities. See Utah Code 35A-8-2201
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• online gambling: means gambling, fringe gambling, or gaming by use of:
       (12)(a) the Internet; or
       (12)(b) any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101
• 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.
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• 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
• Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that:
       (16)(a) continues for a limited period of time;
       (16)(b) is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business;
       (16)(c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity;
       (16)(d) promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and
       (16)(e) does not, through use of a machine or device:

            (16)(e)(i) simulate a gambling environment;

            (16)(e)(ii) require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device;

            (16)(e)(iii) provide a good or service described in Subsection (16)(b):

                 (16)(e)(iii)(A) in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or

                 (16)(e)(iii)(B) at a value less than the full value of the good or service;

            (16)(e)(iv) appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling;

            (16)(e)(v) provide an entertaining display, designed to appeal to an individual's senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including:

                 (16)(e)(v)(A) a video playing card game, including a video poker game;

                 (16)(e)(v)(B) a video bingo game;

                 (16)(e)(v)(C) a video craps game;

                 (16)(e)(v)(D) a video keno game;

                 (16)(e)(v)(E) a video lotto game;

                 (16)(e)(v)(F) an 8-liner machine;

                 (16)(e)(v)(G) a Pot O' Gold game;

                 (16)(e)(v)(H) a video game involving a random or chance matching of pictures, words, numbers, or symbols; or

                 (16)(e)(v)(I) a video game that reveals a prize as the game is played; or

            (16)(e)(vi) otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301
• Public place: means a place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual activity: means , regardless of the gender of either participant:
       (5)(a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or
       (5)(b) the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion:
       (18)(a) that an individual may enter with or without payment of any consideration;
       (18)(b) that qualifies the person to win a prize; and
       (18)(c) the result of which is based on chance. See Utah Code 76-10-1101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• trade device: as used in this part , includes every trademark registrable with the Division of Corporations and Commercial Code. See Utah Code 76-10-1001
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Vending machine: means a device:
       (19)(a) that dispenses merchandise in exchange for money or any other item of value;
       (19)(b) that provides full and adequate return of the value deposited;
       (19)(c) through which the return of value is not conditioned on an element of chance or skill; and
       (19)(d)

            (19)(d)(i) does not include a promotional activity; or

            (19)(d)(ii) includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101
• Video gaming device: means a device that includes all of the following:
       (20)(a) a video display and computer mechanism for playing a game;
       (20)(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;
       (20)(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;
       (20)(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:

            (20)(d)(i) does not significantly extend the length of play time of any single game; and

            (20)(d)(ii) provides for a chance of greater return of credits, games, or money; and
       (20)(e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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