Terms Used In Utah Code > Title 10 > Chapter 18 > Part 2 - Conditions for Providing Services

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
• Cable television service: means :
       (1)(a) the one-way transmission to subscribers of:

            (1)(a)(i) video programming; or

            (1)(a)(ii) other programming service; and
       (1)(b) subscriber interaction, if any, that is required for the selection or use of:

            (1)(b)(i) the video programming; or

            (1)(b)(ii) other programming service. See Utah Code 10-18-102
• Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
• 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.
• Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
• 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.
• Division: means the Division of Consumer Protection. See Utah Code 13-23-2
• Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
• Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
       (5)(a) cable television service; and
       (5)(b) public telecommunications service. See Utah Code 10-18-102
• Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
            (6)(a)(i) a cable television service; or
            (6)(a)(ii) a public telecommunications service. See Utah Code 10-18-102
• Health spa: means a business enterprise that provides access to a facility:
            (4)(a)(i) for a charge or a fee; and
            (4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
• Health spa facility: means a facility to which a business entity provides access:
       (5)(a) for a charge or a fee; and
       (5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
• Health spa service: includes a personal training service. See Utah Code 13-23-2
• 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}
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
            (2)(a)(i) who is or holds itself out to be:

                 (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;

                 (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or

                 (2)(a)(i)(C) established for any charitable purpose;
            (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
            (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
• 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, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
• Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
• Professional fund raiser: means a person who:
            (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:

                 (16)(a)(i)(A) solicits contributions; or

                 (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
            (16)(a)(ii)

                 (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and

                 (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
            (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
            (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
            (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
• Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
• Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• solicitation: includes :
            (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:

                 (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;

                 (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or

                 (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
            (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
• 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
• Subscribers: means a person that lawfully receives:
       (11)(a) cable television services; or
       (11)(b) public telecommunications services. See Utah Code 10-18-102
• United States: includes each state, district, and territory of the United States of America. 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