Terms Used In Utah Code 13-14-304

• Affected municipality: means an incorporated city or town:
       (2)(a) that is located in the notice area; and
       (2)(b)

            (2)(b)(i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or

            (2)(b)(ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
• 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.
• board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
• Dealership: means a site or location in this state:
       (5)(a) at which a franchisee conducts the business of a new motor vehicle dealer; and
       (5)(b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
• 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 of Commerce. See Utah Code 13-14-102
• franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
• Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
• Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
       (11)(a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
       (11)(b) an intermediate distributor; and
       (11)(c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
• 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}
• Line-make: means :
       (13)(a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
       (13)(b) for a recreational vehicle, a specific series of recreational vehicle product that:

            (13)(b)(i) is identified by a common series trade name or trademark;

            (13)(b)(ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;

            (13)(b)(iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;

            (13)(b)(iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

            (13)(b)(v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
• Motor vehicle: means :
            (16)(a)(i) except as provided in Subsection (16)(b), a trailer;
            (16)(a)(ii) a travel trailer;
            (16)(a)(iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
            (16)(a)(iv) a semitrailer as defined in Section 41-1a-102; and
            (16)(a)(v) a recreational vehicle. See Utah Code 13-14-102
• New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
• 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