As used in this chapter:

(1) “Agreement” means an oral or written agreement between a public entity and a person.
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Terms Used In Utah Code 11-41-102

  • Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102
  • Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 11-41-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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.
  • Environmental mitigation: means an action or activity intended to remedy known negative impacts to the environment. See Utah Code 11-41-102
  • Executive director: means the executive director of the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
  • General plan: means the same as that term is defined in Section 23A-6-101. See Utah Code 11-41-102
  • 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
  • Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102
  • Office: means the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
  • 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.
  • 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
  • Political subdivision: means any county, city, town, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 11-41-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public entity: means :
         (11)(a) a political subdivision;
         (11)(b) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the executive branch of the state;
         (11)(c) a higher education institution as defined in Section 53B-1-201;
         (11)(d) the Military Installation Development Authority created in Section 63H-1-201;
         (11)(e) the Utah Inland Port Authority created in Section 11-58-201; or
         (11)(f) the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 11-41-102
  • Public funds: means any money received by a public entity that is derived from:
         (12)(a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or
         (12)(b) a property tax levy. See Utah Code 11-41-102
  • Public infrastructure: means :
         (13)(a) a public facility as defined in Section 11-36a-102; or
         (13)(b) public infrastructure included as part of an infrastructure master plan related to a general plan. See Utah Code 11-41-102
  • Retail facility: means any facility operated by a business entity for the primary purpose of making retail transactions. See Utah Code 11-41-102
  • Small business: means a business entity that:
              (17)(a)(i) has fewer than 30 full-time equivalent employees; and
              (17)(a)(ii) maintains the business entity's principal office in the state. See Utah Code 11-41-102
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2) “Business entity” means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit.
(3) “Determination of violation” means a determination by the Governor’s Office of Economic Opportunity of substantial likelihood that a retail facility incentive payment has been made in violation of Section 11-41-103, in accordance with Section 11-41-104.
(4) “Environmental mitigation” means an action or activity intended to remedy known negative impacts to the environment.
(5) “Executive director” means the executive director of the Governor’s Office of Economic Opportunity.
(6) “General plan” means the same as that term is defined in Section 23A-6-101.
(7) “Mixed-use development” means development with mixed land uses, including housing.
(8) “Moderate income housing plan” means the moderate income housing plan element of a general plan.
(9) “Office” means the Governor’s Office of Economic Opportunity.
(10) “Political subdivision” means any county, city, town, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act.
(11) “Public entity” means:

     (11)(a) a political subdivision;
     (11)(b) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the executive branch of the state;
     (11)(c) a higher education institution as defined in Section 53B-1-201;
     (11)(d) the Military Installation Development Authority created in Section 63H-1-201;
     (11)(e) the Utah Inland Port Authority created in Section 11-58-201; or
     (11)(f) the Point of the Mountain State Land Authority created in Section 11-59-201.
(12) “Public funds” means any money received by a public entity that is derived from:

     (12)(a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or
     (12)(b) a property tax levy.
(13) “Public infrastructure” means:

     (13)(a) a public facility as defined in Section 11-36a-102; or
     (13)(b) public infrastructure included as part of an infrastructure master plan related to a general plan.
(14) “Retail facility” means any facility operated by a business entity for the primary purpose of making retail transactions.
(15)

     (15)(a) “Retail facility incentive payment” means a payment of public funds:

          (15)(a)(i) to a person by a public entity;
          (15)(a)(ii) for the development, construction, renovation, or operation of a retail facility within an area of the state; and
          (15)(a)(iii) in the form of:

               (15)(a)(iii)(A) a payment;
               (15)(a)(iii)(B) a rebate;
               (15)(a)(iii)(C) a refund;
               (15)(a)(iii)(D) a subsidy; or
               (15)(a)(iii)(E) any other similar incentive, award, or offset.
     (15)(b) “Retail facility incentive payment” does not include a payment of public funds for:

          (15)(b)(i) the development, construction, renovation, or operation of:

               (15)(b)(i)(A) public infrastructure; or
               (15)(b)(i)(B) a structured parking facility;
          (15)(b)(ii) the demolition of an existing facility;
          (15)(b)(iii) assistance under a state or local:

               (15)(b)(iii)(A) main street program; or
               (15)(b)(iii)(B) historic preservation program;
          (15)(b)(iv) environmental mitigation or sanitation, if determined by a state or federal agency under applicable state or federal law;
          (15)(b)(v) assistance under a water conservation program or energy efficiency program, if any business entity located within the public entity’s boundaries or subject to the public entity’s jurisdiction is eligible to participate in the program;
          (15)(b)(vi) emergency aid or assistance, if any business entity located within the public entity’s boundaries or subject to the public entity’s jurisdiction is eligible to receive the emergency aid or assistance; or
          (15)(b)(vii) assistance under a public safety or security program, if any business entity located within the public entity’s boundaries or subject to the public entity’s jurisdiction is eligible to participate in the program.
(16) “Retail transaction” means any transaction subject to a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
(17)

     (17)(a) “Small business” means a business entity that:

          (17)(a)(i) has fewer than 30 full-time equivalent employees; and
          (17)(a)(ii) maintains the business entity’s principal office in the state.
     (17)(b) “Small business” does not include:

          (17)(b)(i) a franchisee, as defined in 16 C.F.R. § 436.1;
          (17)(b)(ii) a dealer, as defined in Section 41-1a-102; or
          (17)(b)(iii) a subsidiary or affiliate of another business entity that is not a small business.
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