Utah Code > Title 11 > Chapter 58 – Utah Inland Port Authority Act

		Sections
Part 1	General Provisions	11-58-102 – 11-58-106
Part 2	Utah Inland Port Authority	11-58-201 – 11-58-208
Part 3	Port Authority Board	11-58-301 – 11-58-305
Part 5	Project Area Plan and Budget	11-58-501 – 11-58-505
Part 6	Property Tax Differential	11-58-600.5 – 11-58-606
Part 7	Port Authority Bonds	11-58-701 – 11-58-706
Part 8	Port Authority Budget, Reporting, and Audits	11-58-801 – 11-58-806
Part 9	Port Authority Dissolution	11-58-901

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Terms Used In Utah Code > Title 11 > Chapter 58 - Utah Inland Port Authority Act

Abuse of authority: means an arbitrary or capricious exercise of power that:
(1)(a) adversely affects the employment rights of another; or
(1)(b) results in personal gain to the person exercising the authority or to another person. See Utah Code 67-21-2
Accident and health insurance: means insurance to provide protection against economic losses resulting from:
          (1)(a)(i) a medical condition including:
               (1)(a)(i)(A) a medical care expense; or
               (1)(a)(i)(B) the risk of disability;
          (1)(a)(ii) accident; or
          (1)(a)(iii) sickness. See Utah Code 31A-1-301
Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
Address: includes :
          (1)(b)(i) a post office box number;
          (1)(b)(ii) a rural free delivery route number; and
          (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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
Administrative fee: means any payment, other than a rebate, that a pharmaceutical manufacturer makes directly or indirectly to a pharmacy benefit manager. See Utah Code 31A-46-102
Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103
Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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.
Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
Agency: means :
     (1)(a) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;
     (1)(b) a county, city, town, school district, or special improvement or taxing district; or
     (1)(c) any other political subdivision. See Utah Code 67-20-2
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
          (5)(a)(i) another domestic or foreign corporation;
          (5)(a)(ii) another person; or
          (5)(a)(iii) an employee benefit plan. See Utah Code 16-6a-901
Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
Agricultural use: means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. See Utah Code 15A-1-202
Agriculture water: means :
     (2)(a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
     (2)(b) return flows from irrigated agriculture; and
     (2)(c) agricultural storm water runoff. See Utah Code 19-5-102
AHJ: means "authority having jurisdiction" which is:
     (2)(a) the State Fire Marshal;
     (2)(b) an authorized deputy of the State Fire Marshal; or
     (2)(c) the local fire enforcement authority. See Utah Code 15A-5-102
Airport lounge: means a business location:
(1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 5, Airport Lounge License. See Utah Code 32B-1-102
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
Allegation: something that someone says happened.
Allowable claim amount: means the amount paid by an insurer under the customer's health benefit plan. See Utah Code 31A-46-102
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.
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.
Applicant: means the person:
(3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
(3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved code: means a code, including the standards and specifications contained in the code, approved by the division under Section 15A-1-204 for use by a compliance agency. See Utah Code 15A-1-202
Arena: means an enclosed building:
     (6)(a) that is managed by:
          (6)(a)(i) the same person who owns the enclosed building;
          (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
          (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
     (6)(b) that operates as a venue; and
     (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include :
     (3)(a) amended articles of incorporation;
     (3)(b) restated articles of incorporation;
     (3)(c) articles of merger; and
     (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
Authority jurisdictional land: means land within the authority boundary delineated:
(2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
Automatic renewal provision: means a provision under which a service contract is renewed for one or more specified periods if:
(1)(a) the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract; and
(1)(b) the renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. See Utah Code 15-10-102
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Banquet: means an event:
     (8)(a) that is a private event or a privately sponsored event;
     (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:
          (8)(b)(i) a hotel;
          (8)(b)(ii) a resort facility;
          (8)(b)(iii) a sports center;
          (8)(b)(iv) a convention center;
          (8)(b)(v) a performing arts facility;
          (8)(b)(vi) an arena; or
          (8)(b)(vii) a restaurant venue;
     (8)(c) for which there is a contract:
          (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
          (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
     (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
Bar establishment license: includes :
          (9)(b)(i) a dining club license;
          (9)(b)(ii) an equity license;
          (9)(b)(iii) a fraternal license; or
          (9)(b)(iv) a bar license. See Utah Code 32B-1-102
Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
Base taxable value: means :
     (3)(a)
          (3)(a)(i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and
          (3)(a)(ii) for an area described in Section Utah Code 11-58-102
Beer: means a product that:
(11)(a)(i) contains:
(11)(a)(i)(A) at least . See Utah Code 32B-1-102
Beer retailer: means a business that:
     (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
     (13)(b) is licensed as:
          (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
          (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. 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}
benefit: means the health care services to which a covered person is entitled under the terms of a health care insurance plan offered by a managed care organization. See Utah Code 31A-45-102
Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102
Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-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
Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
Building permit applicant: means the same as that term is defined in Section 15A-1-105. See Utah Code 15A-1-202
Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
Bylaws: includes :
(6)(b)(i) amended bylaws; and
(6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
Career service employee: means the same as that term is defined in Section 63A-17-102. See Utah Code 67-27-102
Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
Charitable organization: means the same as that term is defined in Section 13-22-2. See Utah Code 16-6a-102
Church: means a building:
     (20)(a) set apart for worship;
     (20)(b) in which religious services are held;
     (20)(c) with which clergy is associated; and
     (20)(d) that is tax exempt under the laws of this state. See Utah Code 32B-1-102
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
Code: means :
(5)(a) the State Construction Code; or
(5)(b) an approved code. See Utah Code 15A-1-202
Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Commission: means the Uniform Building Code Commission created in Section 15A-1-203. See Utah Code 15A-1-202
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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
Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102
Compensatory service worker: means a person who performs a public service with or without compensation for an agency as a condition or part of the person's:
     (2)(a) incarceration;
     (2)(b) plea;
     (2)(c) sentence;
     (2)(d) diversion;
     (2)(e) probation; or
     (2)(f) parole. See Utah Code 67-20-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Completion: means , regarding property covered by an agreement:
(4)(a) no further response actions are necessary; or
(4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
Compliance agency: means :
     (7)(a) an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes;
     (7)(b) any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes;
     (7)(c) a third-party inspection firm as defined in Section 15A-1-105; or
     (7)(d) any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than this part and Part 3, Factory Built Housing and Modular Units Administration Act. See Utah Code 15A-1-202
Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including:
     (8)(a) a building code;
     (8)(b) an electrical code;
     (8)(c) a residential one and two family dwelling code;
     (8)(d) a plumbing code;
     (8)(e) a mechanical code;
     (8)(f) a fuel gas code;
     (8)(g) an energy conservation code;
     (8)(h) a swimming pool and spa code;
     (8)(i) a manufactured housing installation standard code; and
     (8)(j) Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as specifically modified by provisions of this title governing modular units. See Utah Code 15A-1-202
Construction documents: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
Consumer: includes a representative of an association subject to:
(3)(b)(i) Title 57, Chapter 8, Condominium Ownership Act; or
(3)(b)(ii) Title 57, Chapter 8a, Community Association Act. See Utah Code 15-10-102
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
Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102
Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-5-102
Contaminant: means :
     (5)(a) hazardous materials as defined in Section 19-6-302;
     (5)(b) hazardous substance as defined in Section 19-6-302;
     (5)(c) hazardous waste as defined in Section 19-6-102;
     (5)(d) hazardous waste constituent listed in Utah Code 19-8-102
Contaminated land: means land:
(6)(a) within a project area; and
(6)(b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
Contract: A legal written agreement that becomes binding when signed.
Contracting insurer: means an insurer with whom a pharmacy benefit manager contracts to provide a pharmacy benefit management service. See Utah Code 31A-46-102
Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
Convention center: means a facility that is:
(27)(a) in total at least 30,000 square feet; and
(27)(b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102
Conviction: A judgement of guilt against a criminal defendant.
cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
Corporate name: means :
     (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
     (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
     (13)(c) the name of a foreign corporation as stated in the foreign corporation's:
          (13)(c)(i) articles of incorporation; or
          (13)(c)(ii) document of similar import to articles of incorporation; or
     (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
          (13)(d)(i) articles of incorporation; or
          (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-102
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.
Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
Cost share: means the amount paid by an insured customer under the customer's health benefit plan. See Utah Code 31A-46-102
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Damages: means general and special damages for injury or loss caused by each violation of this chapter. See Utah Code 67-21-2
Decal: means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements. See Utah Code 15A-1-302
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Delegate: means a person elected or appointed to vote in a representative assembly:
(16)(a) for the election of a director; or
(16)(b) on matters other than the election of a director. See Utah Code 16-6a-102
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
Department: means the Department of Environmental Quality. See Utah Code 19-1-103
Department: means the Insurance Department. See Utah Code 31A-1-301
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
Development: means :
(7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
(7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
Device: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Dining club license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a dining club license. See Utah Code 32B-1-102
Direct or indirect remuneration: means any adjustment in the total compensation:
(9)(a) received by a pharmacy from a pharmacy benefit manager for the sale of a drug, device, or other product or service; and
(9)(b) that is determined after the sale of the product or service. See Utah Code 31A-46-102
Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102
Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Director: means a member of the board of directors. See Utah Code 16-6a-102
Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
Discharge permit: means a permit issued to a person who:
(8)(a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or
(8)(b) generates or manages sewage sludge. See Utah Code 19-5-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Dispensing structure: means a surface or structure on a licensed premises:
(37)(a) where an alcoholic product is dispensed; or
(37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
          (19)(a)(i) members;
          (19)(a)(ii) directors; or
          (19)(a)(iii) officers. See Utah Code 16-6a-102
Distribution center: means a building that is:
(9)(a) used for the storage, sorting, and distribution of goods intended for sale; and
(9)(b) not associated with or operated in conjunction with an adjacent manufacturing facility. See Utah Code 11-58-102
Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102
Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
(2)(a) Part 4, State Fire Code Administration Act; and
(2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-5-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-1-402
Domestic airport: means an airport that:
     (40)(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
     (40)(b) receives scheduled commercial passenger aircraft service; and
     (40)(c) is not an international airport. See Utah Code 32B-1-102
domestic corporation: means a corporation for profit that:
(15)(a) is not a foreign corporation; and
(15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
domestic nonprofit corporation: means an entity that:
(37)(a) is not a foreign nonprofit corporation; and
(37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
Donor: The person who makes a gift.
Drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Dwelling unit: includes a hotel room, dormitory room, apartment, condominium, sleeping room in a nursing home, or similar living unit. See Utah Code 15A-5-102
Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
Employee: means :
(57)(a) an individual employed by an employer; or
(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
Employer: includes an agent of an employer. See Utah Code 67-21-2
Enrollee: includes an insured. See Utah Code 31A-1-301
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: includes :
     (25)(a) a domestic or foreign corporation;
     (25)(b) a domestic or foreign nonprofit corporation;
     (25)(c) a limited liability company;
     (25)(d) a profit or nonprofit unincorporated association;
     (25)(e) a business trust;
     (25)(f) an estate;
     (25)(g) a partnership;
     (25)(h) a trust;
     (25)(i) two or more persons having a joint or common economic interest;
     (25)(j) a state;
     (25)(k) the United States; or
     (25)(l) a foreign government. See Utah Code 16-6a-102
Entrance fee: includes a monthly fee, assessed at a rate that is greater than the value of the provider's monthly services, that a resident agrees to pay in exchange for acceptance into a facility or a promise of future monthly fees assessed at a rate that is less than the value of the services rendered. See Utah Code 31A-44-102
Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103
Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
Event permit: means :
(42)(a) a single event permit; or
(42)(b) a temporary beer event permit. See Utah Code 32B-1-102
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.
Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
     (67)(a) a specific physical condition;
     (67)(b) a specific medical procedure;
     (67)(c) a specific disease or disorder; or
     (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
Executive branch elected official: means :
     (2)(a) the governor;
     (2)(b) the lieutenant governor;
     (2)(c) the attorney general;
     (2)(d) the state treasurer; or
     (2)(e) the state auditor. See Utah Code 67-27-102
Executive branch official: means an individual who:
(3)(a) is a management level employee of an executive branch elected official; and
(3)(b) is not a career service employee. See Utah Code 67-27-102
Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Executive director: means the executive director of the Department of Commerce. See Utah Code 15A-1-202
Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
Expenses: includes attorneys' fees. See Utah Code 16-6a-901
Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302
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
Fiduciary: A trustee, executor, or administrator.
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Fire jurisdiction: means a contiguous geographic area for which there is a single authority having jurisdiction. See Utah Code 15A-5-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . See Utah Code 32B-1-102
FLSA aggregate amount: means , except as otherwise required by the United States Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay a volunteer, generally not exceeding 20% of the total compensation that the supervising agency would pay a full-time employee providing the same services as the volunteer. See Utah Code 67-20-2
Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
Foreign nonprofit corporation: means an entity:
(28)(a) incorporated under a law other than the laws of this state; and
(28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
Fraud: Intentional deception resulting in injury to another.
Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
Furnish: includes to:
          (47)(b)(i) serve;
          (47)(b)(ii) deliver; or
          (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
General differential: means property tax differential generated by a property tax levied:
(1)(a) on property that is not part of the authority jurisdictional land or within a remediation project area; and
(1)(b) by all taxing entities. See Utah Code 11-58-600.5
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good faith: means that an employee acts with:
(6)(a) subjective good faith; and
(6)(b) the objective good faith of a reasonable employee. See Utah Code 67-21-2
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Governmental entity: means :
     (29)(a)
          (29)(a)(i) the executive branch of the state;
          (29)(a)(ii) the judicial branch of the state;
          (29)(a)(iii) the legislative branch of the state;
          (29)(a)(iv) an independent entity, as defined in Section 63E-1-102;
          (29)(a)(v) a political subdivision of the state;
          (29)(a)(vi) a state institution of higher education, as defined in Section 53B-3-102;
          (29)(a)(vii) an entity within the state system of public education; or
          (29)(a)(viii) the National Guard; or
     (29)(b) any of the following that is established or controlled by a governmental entity listed in Subsection (29)(a) to carry out the public's business:
          (29)(b)(i) an office;
          (29)(b)(ii) a division;
          (29)(b)(iii) an agency;
          (29)(b)(iv) a board;
          (29)(b)(v) a bureau;
          (29)(b)(vi) a committee;
          (29)(b)(vii) a department;
          (29)(b)(viii) an advisory board;
          (29)(b)(ix) an administrative unit; or
          (29)(b)(x) a commission. See Utah Code 16-6a-102
Governmental subdivision: means :
     (30)(a) a county;
     (30)(b) a city;
     (30)(c) a town; or
     (30)(d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Gross mismanagement: means action or failure to act by a person, with respect to a person's responsibility, that causes significant harm or risk of harm to the mission of the public entity or public body that employs, or is managed or controlled by, the person. See Utah Code 67-21-2
Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
Ground lessor: means , for a facility subject to a ground lease, the owner and lessor of the land and infrastructure improvements to the land on which the facility is located. See Utah Code 31A-44-102
Groundwater source: includes :
          (6)(b)(i) a well;
          (6)(b)(ii) a spring;
          (6)(b)(iii) a tunnel; or
          (6)(b)(iv) an adit. See Utah Code 19-4-102
Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
Hard cider: means the same as that term is defined in Utah Code 32B-1-102
Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
     (83)(a) a professional service;
     (83)(b) a personal service;
     (83)(c) a facility;
     (83)(d) equipment;
     (83)(e) a device;
     (83)(f) supplies; or
     (83)(g) medicine. See Utah Code 31A-1-301
Health care practitioner: means :
     (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
     (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
     (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
     (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
     (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
     (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
     (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
     (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
     (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
     (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
     (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
     (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
     (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Heavy beer: means a product that:
          (51)(a)(i)
               (51)(a)(i)(A) contains more than 5% alcohol by volume;
               (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. 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
Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
HUD Code: means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C. See Utah Code 15A-2-102
HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, Utah Code 15A-1-302
Identification card: means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act. See Utah Code 32B-1-102
IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Individual: means a natural person. See Utah Code 31A-1-301
Individual: means :
     (31)(a) a natural person;
     (31)(b) the estate of an incompetent individual; or
     (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inland port: means one or more sites that:
     (10)(a) contain multimodal facilities, intermodal facilities, or other facilities that:
          (10)(a)(i) are related but may be separately owned and managed; and
          (10)(a)(ii) together are intended to:
               (10)(a)(ii)(A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;
               (10)(a)(ii)(B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
               (10)(a)(ii)(C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
               (10)(a)(ii)(D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
     (10)(b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
Inland port use: means a use of land:
     (11)(a) for an inland port;
     (11)(b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (10);
     (11)(c) that complements or supports the purposes of an inland port, as stated in Subsection (10); or
     (11)(d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
insolvent: means that:
     (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
     (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
     (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
Insolvent: means :
     (7)(a) having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute;
     (7)(b) being unable to pay debts as they become due; or
     (7)(c) being insolvent within the meaning of federal bankruptcy law. See Utah Code 31A-44-102
institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
     (1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
     (1)(b)
          (1)(b)(i) limits the use of the real property, groundwater, or surface water;
          (1)(b)(ii) limits activities that may be performed on or at the property; or
          (1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
          (103)(a)(i) a policyholder;
          (103)(a)(ii) a subscriber;
          (103)(a)(iii) a member; and
          (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
Insurer: means the same as that term is defined in Section 31A-22-636. See Utah Code 31A-46-102
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
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
International airport: means an airport:
(59)(a) with a United States Customs and Border Protection office on the premises of the airport; and
(59)(b) at which international flights may enter and depart. 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
IRC: means the edition of the International Residential Code adopted under Section 15A-2-103. See Utah Code 15A-2-102
IRS aggregate amount: means the fixed or determinable income aggregate amount described in Utah Code 67-20-2
Judicial employee: means an employee of the judicial branch of state government. See Utah Code 67-21-2
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.
Juror: A person who is on the jury.
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
Landfill material: means garbage, waste, debris, or other materials disposed of or placed in a landfill. See Utah Code 11-58-102
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}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative action: includes legislation that:
     (11)(a) adopts a new State Construction Code;
     (11)(b) amends the State Construction Code; or
     (11)(c) repeals one or more provisions of the State Construction Code. See Utah Code 15A-1-202
Legislative action: includes legislation that:
     (2)(a) adopts a State Fire Code;
     (2)(b) amends a State Fire Code; or
     (2)(c) repeals one or more provisions of a State Fire Code. See Utah Code 15A-1-402
Legislative employee: means an employee of the legislative branch of state government. See Utah Code 67-21-2
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
(3)(a) an excise tax assessed with respect to an employee benefit plan; or
(3)(b) reasonable expenses. See Utah Code 16-6a-901
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
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
Lien: A claim against real or personal property in satisfaction of a debt.
Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
     (65)(a) in which the driver and a passenger are separated by a partition, glass, or other barrier;
     (65)(b) that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
     (65)(c) to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. 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
Liquor Control Fund: means the enterprise fund created by Section 32B-2-301. See Utah Code 32B-1-102
Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
Liquor warehousing license: means a license that is issued:
(69)(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(69)(b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lobbying: is a s defined in Section 36-11-102. See Utah Code 67-24-102
Lobbyist: is a s defined in Section 36-11-102. See Utah Code 67-24-102
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
Local regulator: means a political subdivision of the state that is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, installation, inspection, or other activities subject to the codes. See Utah Code 15A-1-202
Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
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
Malt substitute: means :
     (72)(a) rice;
     (72)(b) grain;
     (72)(c) bran;
     (72)(d) glucose;
     (72)(e) sugar; or
     (72)(f) molasses. See Utah Code 32B-1-102
Managed care organization: means :
(2)(a) a managed care organization as that term is defined in Section 31A-1-301; and
(2)(b) a third party administrator as that term is defined in Section 31A-1-301. See Utah Code 31A-45-102
Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that:
(8)(a) in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and
(8)(b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 15A-1-302
Manufacturing plant: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
Maximum allowable cost: means :
(13)(a) a maximum reimbursement amount for a group of pharmaceutically and therapeutically equivalent drugs; or
(13)(b) any similar reimbursement amount that is used by a pharmacy benefit manager to reimburse pharmacies for multiple source drugs. See Utah Code 31A-46-102
Medicaid program: means the same as that term is defined in Section 26B-3-101. See Utah Code 31A-46-102
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
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
Member: includes :
(34)(b)(i) "voting member"; and
(34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
Membrane-covered frame structure: means a nonpressurized building with a structure composed of a rigid framework to support a tensioned membrane that provides a weather barrier. See Utah Code 15A-1-202
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
Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code. See Utah Code 15A-1-302
modular building unit: means a structure:
     (12)(a) constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;
     (12)(b) the purpose of which is for human habitation, occupancy, or use; and
     (12)(c) is not a factory-built house, manufactured home, or mobile home. See Utah Code 15A-1-302
Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. See Utah Code 15A-1-302
Module: means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction. See Utah Code 15A-1-302
money: means :
          (7)(a)(i) legal tender;
          (7)(a)(ii) a negotiable instrument; or
          (7)(a)(iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
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
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
Mutual benefit corporation: means a nonprofit corporation:
(36)(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
(36)(b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or the members' predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
NFPA: means the edition of the National Fire Protection Association adopted under Section 15A-5-103. See Utah Code 15A-5-102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nominal fee: means a fee described in Utah Code 67-20-2
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
Nondepartment enforcement officer: means an individual who is:
(79)(a) a peace officer, examiner, or investigator; and
(79)(b) employed by a nondepartment enforcement agency. See Utah Code 32B-1-102
Nonmunicipal differential: means property tax differential generated from a property tax imposed:
(2)(a) on property that is part of the authority jurisdictional land; and
(2)(b) by all taxing entities other than the primary municipality. See Utah Code 11-58-600.5
Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102
Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
Nonvoting member: means an individual appointed as a member of the board under Subsection 11-58-302(3) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102
Not for human occupancy: means use of a structure for purposes other than protection or comfort of human beings, but allows people to enter the structure for:
(14)(a) maintenance or repair; or
(14)(b) the care of livestock, crops, or equipment intended for agricultural use which are kept there. See Utah Code 15A-1-202
Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
Obsolete: means a product that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. See Utah Code 31A-46-102
Off-premise beer retailer: means a beer retailer who is:
(80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License. See Utah Code 32B-1-102
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
Official capacity: means :
(6)(a)(i) when used with respect to a director, the office of director in a corporation; and
(6)(a)(ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
Offsite construction: means a modular building unit that:
     (14)(a) is designed and constructed in compliance with this part;
     (14)(b) is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; and
     (14)(c) has been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit. See Utah Code 15A-1-302
On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
On-premise beer retailer: means a beer retailer who is:
     (83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
     (83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
          (83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
          (83)(b)(ii) on and after March 1, 2012, operating:
               (83)(b)(ii)(A) as a tavern; or
               (83)(b)(ii)(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
Onsite construction: means :
(15)(a) the preparation of a location where a modular building unit will be installed, including preparation of site foundation, construction of any necessary supporting structure, and preparation to connect the modular building unit to necessary utilities; and
(15)(b) assembly and installation of one or more modules or panelized systems in accordance with construction documents into a modular building unit, including completion of any site-related construction and connecting the modular building unit to necessary utilities. See Utah Code 15A-1-302
Opaque: means impenetrable to sight. See Utah Code 32B-1-102
Opinion: means a written, nonbinding, and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue. See Utah Code 15A-1-202
Order: means an order of the commissioner. See Utah Code 31A-1-301
Oversight: Committee review of the activities of a Federal agency or program.
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
Panelized system: means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction. See Utah Code 15A-1-302
Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
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.
Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
Party related to a director: means :
     (39)(a) the spouse of the director;
     (39)(b) a child of the director;
     (39)(c) a grandchild of the director;
     (39)(d) a sibling of the director;
     (39)(e) a parent of the director;
     (39)(f) the spouse of an individual described in Subsections (39)(b) through (e);
     (39)(g) an individual having the same home as the director;
     (39)(h) a trust or estate of which the director or another individual specified in this Subsection (39) is a substantial beneficiary; or
     (39)(i) any of the following of which the director is a fiduciary:
          (39)(i)(i) a trust;
          (39)(i)(ii) an estate;
          (39)(i)(iii) an incompetent;
          (39)(i)(iv) a conservatee; or
          (39)(i)(v) a minor. See Utah Code 16-6a-102
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
Performing arts facility: means a multi-use performance space that:
          (88)(a)(i) is primarily used to present various types of performing arts, including dance, music, and theater;
          (88)(a)(ii) contains over 2,500 seats;
          (88)(a)(iii) is owned and operated by a governmental entity; and
          (88)(a)(iv) is located in a city of the first class. 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, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Person: means an:
(40)(a) individual; or
(40)(b) entity. See Utah Code 16-6a-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
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Pharmaceutical facility: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Pharmaceutical manufacturer: means a pharmaceutical facility that manufactures prescription drugs. See Utah Code 31A-46-102
Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Pharmacy: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Pharmacy benefit manager: means a person licensed under this chapter to provide a pharmacy benefits management service. See Utah Code 31A-46-102
Pharmacy benefits management service: means any of the following services provided to a health benefit plan, or to a participant of a health benefit plan:
     (21)(a) negotiating the amount to be paid by a health benefit plan for a prescription drug; or
     (21)(b) administering or managing a prescription drug benefit provided by the health benefit plan for the benefit of a participant of the health benefit plan, including administering or managing:
          (21)(b)(i) an out-of-state mail service pharmacy;
          (21)(b)(ii) a specialty pharmacy;
          (21)(b)(iii) claims processing;
          (21)(b)(iv) payment of a claim;
          (21)(b)(v) retail network management;
          (21)(b)(vi) clinical formulary development;
          (21)(b)(vii) clinical formulary management services;
          (21)(b)(viii) rebate contracting;
          (21)(b)(ix) rebate administration;
          (21)(b)(x) a participant compliance program;
          (21)(b)(xi) a therapeutic intervention program;
          (21)(b)(xii) a disease management program; or
          (21)(b)(xiii) a service that is similar to, or related to, a service described in Subsection (21)(a) or (21)(b)(i) through (xii). See Utah Code 31A-46-102
Pharmacy service: means a product, good, or service provided to an individual by a pharmacy or pharmacist. See Utah Code 31A-46-102
Pharmacy service entity: means :
(25)(a) a pharmacy services administration organization; or
(25)(b) a pharmacy benefit manager. See Utah Code 31A-46-102
Pharmacy services administration organization: means an entity that contracts with a pharmacy to assist with third-party payer interactions and administrative services related to third-party payer interactions, including:
(24)(a) contracting with a pharmacy benefit manager on behalf of the pharmacy; and
(24)(b) managing a pharmacy's claims payments from third-party payers. See Utah Code 31A-46-102
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Political subdivision employee: means an employee of a political subdivision of the state. See Utah Code 67-21-2
pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
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
Premium: includes , however designated:
          (156)(b)(i) an assessment;
          (156)(b)(ii) a membership fee;
          (156)(b)(iii) a required contribution; or
          (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
Prescription: means an order issued by a health care practitioner when:
     (92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
     (92)(b) the order is made in the course of that health care practitioner's professional practice; and
     (92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
Prescription device: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Prescription drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
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.
Primary municipality: means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality. See Utah Code 11-58-600.5
Primary municipality differential: means property tax differential generated by a property tax levied:
(4)(a) on property in the reduced area; and
(4)(b) by the primary municipality. See Utah Code 11-58-600.5
Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
Principal license: means :
     (94)(a) a resort license;
     (94)(b) a hotel license; or
     (94)(c) an arena license. See Utah Code 32B-1-102
Principal office: means :
     (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
          (41)(a)(i) an annual report;
          (41)(a)(ii) an application for a certificate of authority; or
          (41)(a)(iii) a notice of change of principal office; or
     (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
Private event: means a specific social, business, or recreational event:
(95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
(95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
Privately sponsored event: means a specific social, business, or recreational event:
(96)(a) that is held in or on the premises of an on-premise banquet licensee; and
(96)(b) to which entry is restricted by an admission fee. See Utah Code 32B-1-102
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.
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
Proceeding: includes :
     (42)(a) a civil suit;
     (42)(b) arbitration;
     (42)(c) mediation;
     (42)(d) a criminal action;
     (42)(e) an administrative action; or
     (42)(f) an investigatory action. See Utah Code 16-6a-102
Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102
Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
Project area: means :
(16)(a) the authority jurisdictional land, subject to Section 11-58-605; or
(16)(b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-58-102
Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
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
Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Provider: means :
          (9)(a)(i) the owner of a facility;
          (9)(a)(ii) a person, other than a resident, that claims a possessory interest in a facility; or
          (9)(a)(iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
Provisions applicable to a sublicense: means :
     (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
     (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
     (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
     (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
     (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
     (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
     (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
     (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
Public body: means any of the following:
     (11)(a) a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
     (11)(b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
     (11)(c) a county, city, town, regional governing body, council, school district, special district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
     (11)(d) any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
     (11)(e) a law enforcement agency or any member or employee of a law enforcement agency; and
     (11)(f) the judiciary and any member or employee of the judiciary. See Utah Code 67-21-2
Public building: means a building or permanent structure that is:
          (99)(a)(i) owned or leased by:
               (99)(a)(i)(A) the state; or
               (99)(a)(i)(B) a local government entity; and
          (99)(a)(ii) used for:
               (99)(a)(ii)(A) public education;
               (99)(a)(ii)(B) transacting public business; or
               (99)(a)(ii)(C) regularly conducting government activities. See Utah Code 32B-1-102
Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
Public entity: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-21-2
Public entity: means :
(21)(a) the state, including each department, division, or other agency of the state; or
(21)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
Public entity employee: means an employee of a public entity. See Utah Code 67-21-2
Public infrastructure and improvements: includes :
          (22)(b)(i) facilities, lines, or systems that provide:
               (22)(b)(i)(A) water, chilled water, or steam; or
               (22)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service;
          (22)(b)(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
          (22)(b)(iii) an inland port; and
          (22)(b)(iv) infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
Public water system: includes :
(8)(b)(i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and
(8)(b)(ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102
Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102
Quorum: The number of legislators that must be present to do business.
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
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
Reasonable benefits: includes , in accordance with Utah Code 67-20-2
Rebate: means a refund, discount, or other price concession that is paid by a pharmaceutical manufacturer to a pharmacy benefit manager based on a prescription drug's utilization or effectiveness. See Utah Code 31A-46-102
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
     (43)(a) by the domestic or foreign nonprofit corporation at:
          (43)(a)(i) its registered office in this state; or
          (43)(a)(ii) its principal office;
     (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
     (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
Reception center: means a business that:
(101)(a) operates facilities that are at least 5,000 square feet; and
(101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License. See Utah Code 32B-1-102
Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
Reduced area: means the authority jurisdictional land that is within a primary municipality, excluding:
(6)(a) an area described in Subsection 11-58-600. See Utah Code 11-58-600.5
Registered agent: means the registered agent of:
(45)(a) a domestic nonprofit corporation; or
(45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
     (46)(a) articles of incorporation;
     (46)(b) an application for a certificate of authority; or
     (46)(c) a notice of change of registered office. See Utah Code 16-6a-102
Reimbursement report: means a report on the adjustment in total compensation for a claim. See Utah Code 31A-46-102
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.
Remediation: includes :
(23)(a) activities for the cleanup, rehabilitation, and development of contaminated land; and
(23)(b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
Remediation differential: means property tax differential generated from a remediation project area. See Utah Code 11-58-102
Remediation project: means a project for the remediation of contaminated land that:
     (25)(a) is owned by:
          (25)(a)(i) the state or a department, division, or other instrumentality of the state;
          (25)(a)(ii) an independent entity, as defined in Section 63E-1-102; or
          (25)(a)(iii) a political subdivision of the state; and
     (25)(b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
Remote yurt: means a membrane-covered frame structure that:
     (16)(a) is no larger than 710 square feet;
     (16)(b) is not used as a permanent residence;
     (16)(c) is located in an unincorporated county area that is not zoned for residential, commercial, industrial, or agricultural use;
     (16)(d) does not have plumbing or electricity;
     (16)(e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
     (16)(f) is registered with the local health department. See Utah Code 15A-1-202
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.
Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
     (109)(a) over-serving alcoholic beverages to customers;
     (109)(b) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and
     (109)(c) serving alcoholic beverages to minors. See Utah Code 32B-1-102
Restaurant: means a business location:
     (110)(a) at which a variety of foods are prepared;
     (110)(b) at which complete meals are served; and
     (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
Restaurant license: means one of the following licenses issued under this title:
     (111)(a) a full-service restaurant license;
     (111)(b) a limited-service restaurant license; or
     (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
Restaurant venue: means a room within a restaurant that:
     (112)(a) is located on the licensed premises of a restaurant licensee;
     (112)(b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
     (112)(c)
          (112)(c)(i) has at least 1,000 square feet that:
               (112)(c)(i)(A) may be reserved for a banquet; and
               (112)(c)(i)(B) accommodates at least 75 individuals; or
          (112)(c)(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
Retail license: means one of the following licenses issued under this title:
     (113)(a) a full-service restaurant license;
     (113)(b) a master full-service restaurant license;
     (113)(c) a limited-service restaurant license;
     (113)(d) a master limited-service restaurant license;
     (113)(e) a bar establishment license;
     (113)(f) an airport lounge license;
     (113)(g) an on-premise banquet license;
     (113)(h) an on-premise beer license;
     (113)(i) a reception center license;
     (113)(j) a beer-only restaurant license;
     (113)(k) a hospitality amenity license;
     (113)(l) a resort license;
     (113)(m) a hotel license; or
     (113)(n) an arena license. See Utah Code 32B-1-102
Retail pharmacy: means the same as that term is defined in Section 58-17b-102. See Utah Code 31A-46-102
Retail water supplier: means a person that:
(9)(a) supplies water for human consumption and other domestic uses to an end user; and
(9)(b) has more than 500 service connections. See Utah Code 19-4-102
Retaliatory action: means the same as that term is defined in Section 67-19a-101. See Utah Code 67-21-2
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
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
Sale: means a prescription drug or prescription device claim covered by a health benefit plan. See Utah Code 31A-46-102
School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
          (115)(a)(i) elementary school;
          (115)(a)(ii) secondary school; or
          (115)(a)(iii) kindergarten. See Utah Code 32B-1-102
Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
     (47)(a) the preparation and maintenance of:
          (47)(a)(i) minutes of the meetings of:
               (47)(a)(i)(A) the board of directors; or
               (47)(a)(i)(B) the members; and
          (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
     (47)(b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Sell: means to exchange a contract of insurance:
     (179)(a) by any means;
     (179)(b) for money or its equivalent; and
     (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
Seller: means a person providing service, maintenance, or repair under a service contract. See Utah Code 15-10-102
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Service contract: means a contract for service, maintenance, or repair:
(5)(a)(i) in connection with real property; or
(5)(a)(ii) that provides a benefit to the real property. See Utah Code 15-10-102
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
Sexually oriented entertainer: means a person who while in a state of seminudity appears at or performs:
     (119)(a) for the entertainment of one or more patrons;
     (119)(b) on the premises of:
          (119)(b)(i) a bar licensee; or
          (119)(b)(ii) a tavern;
     (119)(c) on behalf of or at the request of the licensee described in Subsection (119)(b);
     (119)(d) on a contractual or voluntary basis; and
     (119)(e) whether or not the person is designated as:
          (119)(e)(i) an employee;
          (119)(e)(ii) an independent contractor;
          (119)(e)(iii) an agent of the licensee; or
          (119)(e)(iv) a different type of classification. See Utah Code 32B-1-102
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
Share: means a share as defined in:
(4)(a) Section 16-6a-102 for a nonprofit corporation; and
(4)(b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-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
Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. See Utah Code 32B-1-102
Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
     (122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
     (122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
          (122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
          (122)(b)(ii) does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102
Small or unincorporated locality: means :
     (123)(a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
     (123)(b) a town, as classified under Section 10-2-301; or
     (123)(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified under Section 17-50-501. See Utah Code 32B-1-102
Spa sublicense: means a sublicense:
(124)(a) to a resort license or hotel license; and
(124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
Sports center: is a s defined by the commission by rule. See 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 agency: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-27-102
State Construction Code: means the State Construction Code adopted by:
     (3)(a) Chapter 2, Adoption of State Construction Code;
     (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
     (3)(c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
     (3)(d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
     (3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
State Fire Code: means the State Fire Code adopted by Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 67-21-2
State of nudity: means :
     (129)(a) the appearance of:
          (129)(a)(i) the nipple or areola of a female human breast;
          (129)(a)(ii) a human genital;
          (129)(a)(iii) a human pubic area; or
          (129)(a)(iv) a human anus; or
     (129)(b) a state of dress that fails to opaquely cover:
          (129)(b)(i) the nipple or areola of a female human breast;
          (129)(b)(ii) a human genital;
          (129)(b)(iii) a human pubic area; or
          (129)(b)(iv) a human anus. See Utah Code 32B-1-102
State of seminudity: means a state of dress in which opaque clothing covers no more than:
     (130)(a) the nipple and areola of the female human breast in a shape and color other than the natural shape and color of the nipple and areola; and
     (130)(b) the human genitals, pubic area, and anus:
          (130)(b)(i) with no less than the following at its widest point:
               (130)(b)(i)(A) four inches coverage width in the front of the human body; and
               (130)(b)(i)(B) five inches coverage width in the back of the human body; and
          (130)(b)(ii) with coverage that does not taper to less than one inch wide at the narrowest point. See Utah Code 32B-1-102
State official: means :
     (3)(a) a member of the Legislature;
     (3)(b) the governor;
     (3)(c) the lieutenant governor;
     (3)(d) the state auditor;
     (3)(e) the state treasurer; and
     (3)(f) the attorney general. See Utah Code 67-24-102
State regulator: means an agency of the state which is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes adopted pursuant to this chapter. See Utah Code 15A-1-202
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.
Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
Sublicense: means :
     (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
          (133)(a)(i) a full-service restaurant license;
          (133)(a)(ii) a limited-service restaurant license;
          (133)(a)(iii) a bar establishment license;
          (133)(a)(iv) an on-premise banquet license;
          (133)(a)(v) an on-premise beer retailer license;
          (133)(a)(vi) a beer-only restaurant license; or
          (133)(a)(vii) a hospitality amenity license; or
     (133)(b) a spa sublicense. See Utah Code 32B-1-102
Summons: Another word for subpoena used by the criminal justice system.
Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Third party inspection agency: means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code. See Utah Code 15A-1-302
Third party inspector: means a person who:
     (19)(a) is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
     (19)(b) works under the direction of a third party inspection agency;
     (19)(c) has been licensed by the division under Section 15A-1-307; and
     (19)(d) is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307. See Utah Code 15A-1-302
Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of the tribe's status as Indians. See Utah Code 16-6a-102
Trustee: A person or institution holding and administering property in trust.
Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102
Unethical conduct: means conduct that violates a provision of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act. See Utah Code 67-21-2
United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unregistered modular unit: means a modular unit that:
(20)(a) has not been inspected as required by this title; or
(20)(b) does not have a required decal. See Utah Code 15A-1-302
Unsaleable liquor merchandise: means a container that:
     (139)(a) is unsaleable because the container is:
          (139)(a)(i) unlabeled;
          (139)(a)(ii) leaky;
          (139)(a)(iii) damaged;
          (139)(a)(iv) difficult to open; or
          (139)(a)(v) partly filled;
     (139)(b)
          (139)(b)(i) has faded labels or defective caps or corks;
          (139)(b)(ii) has contents that are:
               (139)(b)(ii)(A) cloudy;
               (139)(b)(ii)(B) spoiled; or
               (139)(b)(ii)(C) chemically determined to be impure; or
          (139)(b)(iii) contains:
               (139)(b)(iii)(A) sediment; or
               (139)(b)(iii)(B) a foreign substance; or
     (139)(c) is otherwise considered by the department as unfit for sale. See Utah Code 32B-1-102
Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
Volunteer facilitator: means a business or nonprofit organization that, from individuals who have a relationship with the business or nonprofit organization, such as membership or employment, provides volunteers to an agency or facilitates volunteers volunteering with an agency. See Utah Code 67-20-2
Volunteer safety officer: means an individual who:
     (10)(a) provides services as a volunteer under the supervision of an agency; and
     (10)(b) at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is:
          (10)(b)(i) exercising peace officer authority as provided in Section 53-13-102; or
          (10)(b)(ii) if the supervising agency described in Subsection (10)(a) is a fire department:
               (10)(b)(ii)(A) on the rolls of the supervising agency as a firefighter;
               (10)(b)(ii)(B) not regularly employed as a firefighter by the supervising agency; and
               (10)(b)(ii)(C) acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2
Volunteer search and rescue team member: means an individual who:
     (11)(a) provides services as a volunteer under the supervision of a county sheriff; and
     (11)(b) at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is:
          (11)(b)(i) certified as a member of the county sheriff's search and rescue team; and
          (11)(b)(ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2
Vote: includes authorization by:
(55)(a) written ballot; and
(55)(b) written consent. See Utah Code 16-6a-102
Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
Voting member: means an individual appointed or designated as a member of the board under Subsection 11-58-302(2). See Utah Code 11-58-102
voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
Water company: means :
(58)(a) the same as that term is defined in Subsection 16-4-102(5); or
(58)(b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
Wholesale water supplier: means a person that provides most of that person's water to a retail water supplier. See Utah Code 19-4-102
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
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