Utah Code > Title 11 > Chapter 59 – Point of the Mountain State Land Authority Act

		Sections
Part 1	General Provisions	11-59-102 – 11-59-104
Part 2	Point of the Mountain State Land Authority	11-59-201 – 11-59-208
Part 3	Authority Board	11-59-301 – 11-59-306
Part 4	Authority Budget and Reporting Requirements	11-59-401 – 11-59-404
Part 5	Authority Dissolution	11-59-501
Part 6	Authority Bonds	11-59-601 – 11-59-606

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Terms Used In Utah Code > Title 11 > Chapter 59 - Point of the Mountain State Land Authority Act

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
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 16-10a-102
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.
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
Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
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.
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
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
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
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
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 22-5-2
Assumed corporate name: means a name assumed for use in this state:
     (4)(a) by a:
          (4)(a)(i) foreign corporation as described in Section 16-10a-1506; or
          (4)(a)(ii) a foreign nonprofit corporation as described in Section 16-6a-1506; and
     (4)(b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102
Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102
Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
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
Beer: means a product that:
(11)(a)(i) contains:
(11)(a)(i)(A) at least . 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}
Bequest: Property gifted by will.
Billboard: means a public display used to advertise, including:
     (15)(a) a light device;
     (15)(b) a painting;
     (15)(c) a drawing;
     (15)(d) a poster;
     (15)(e) a sign;
     (15)(f) a signboard; or
     (15)(g) a scoreboard. See Utah Code 32B-1-102
Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
Bylaws: includes :
(6)(b)(i) amended bylaws; and
(6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-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
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
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
Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See Utah Code 22-5-2
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
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Commissioner: means a member of the commission. See Utah Code 32B-1-102
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
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
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
Contract: A legal written agreement that becomes binding when signed.
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-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 name: means :
(10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
(10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-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 private or public corporation, association or trust issuing a security. See Utah Code 22-5-2
County executive: means :
     (7)(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;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
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
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
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
Director: means a member of the board of directors. See Utah Code 16-6a-102
Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
(35)(a) against a person subject to administrative action; and
(35)(b) that is brought on the basis of a violation of this title. 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: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
(13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-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 corporation: means a corporation for profit that:
(11)(a) is not a foreign corporation; and
(11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-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
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
electronically transmitted: means a process of communication not directly involving the physical transfer of paper that is suitable for the receipt, retention, retrieval, and reproduction of information by the recipient, whether by e-mail, facsimile, or otherwise. See Utah Code 16-10a-102
Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
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
Entity: includes :
     (19)(a) a domestic and foreign corporation;
     (19)(b) a nonprofit corporation;
     (19)(c) a limited liability company;
     (19)(d) a profit or nonprofit unincorporated association;
     (19)(e) a business trust;
     (19)(f) an estate;
     (19)(g) a partnership;
     (19)(h) a trust;
     (19)(i) two or more persons having a joint or common economic interest;
     (19)(j) a state;
     (19)(k) the United States; and
     (19)(l) a foreign government. See Utah Code 16-10a-102
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}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-59-102
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
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.
Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 22-5-2
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
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 corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-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
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
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Governmental subdivision: means :
     (21)(a) county;
     (21)(b) municipality; or
     (21)(c) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-10a-102
Grantor: The person who establishes a trust and places property into it.
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
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
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 :
     (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
Individual: means :
     (22)(a) a natural person;
     (22)(b) the estate of an incompetent individual; or
     (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legatee: A beneficiary of a decedent
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
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
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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
mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
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
Malted beverage: means :
     (1)(a) beer;
     (1)(b) a flavored malt beverage; and
     (1)(c) heavy beer. See Utah Code 32B-1-602
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
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
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
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.
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 20A-1-102
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
New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102
Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
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.
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
Opaque: means impenetrable to sight. See Utah Code 32B-1-102
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
Packaging: means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container. See Utah Code 32B-1-602
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.
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
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: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 22-5-2
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
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
Plaintiff: The person who files the complaint in a civil lawsuit.
Point of the mountain state land: means :
     (6)(a) the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility; and
     (6)(b) any land, in addition to the land described in Subsection (6)(a), that:
          (6)(b)(i) the state acquires; and
          (6)(b)(ii) is contiguous to the land described in Subsection (6)(a). See Utah Code 11-59-102
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}
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
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
Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
     (25)(a) an annual report;
     (25)(b) an application for a certificate of authority; or
     (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
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: includes :
     (26)(a) a civil suit;
     (26)(b) arbitration or mediation; and
     (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public entity: means :
(7)(a) the state, including each department, division, or other agency of the state; or
(7)(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 11-59-102
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
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
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
     (28)(a) the corporation at its:
          (28)(a)(i) registered office in this state; or
          (28)(a)(ii) principal office;
     (28)(b) the secretary of the corporation, wherever the secretary is found; or
     (28)(c) 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 16-10a-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
Record: includes :
          (103)(b)(i) a book;
          (103)(b)(ii) a book of account;
          (103)(b)(iii) a paper;
          (103)(b)(iv) a contract;
          (103)(b)(v) an agreement;
          (103)(b)(vi) a document; or
          (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
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
Registered office: means the office within this state designated by a domestic or foreign corporation as its registered office in the most recent document on file with the division providing that information, including:
     (30)(a) articles of incorporation;
     (30)(b) an application for a certificate of authority; or
     (30)(c) a notice of change of registered office. See Utah Code 16-10a-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.
Resort: means the same as that term is defined in Section 32B-8-102. 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
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
Restricted area: means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted. See Utah Code 32B-1-402
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
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
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
     (32)(a) the preparation and maintenance of:
          (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
          (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
     (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Utah Code 22-5-2
Service of process: The service of writs or summonses to the appropriate party.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
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
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-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
Shareholder: means :
(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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
Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. 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 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 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
Statement of age: means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement. See Utah Code 32B-1-402
Statute: A law passed by a legislature.
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.
Swear: includes "affirm. See Utah Code 68-3-12.5
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
Taxing entity: means the same as that term is defined in Section 59-2-102. See Utah Code 11-59-102
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 22-5-2
Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Utah Code 22-5-2
Tribal nonprofit corporation: means a nonprofit corporation:
(52)(a) incorporated under the law of a tribe; and
(52)(b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102
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 their status as Indians. See Utah Code 16-10a-102
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Unincorporated: means not within a municipality. See Utah Code 10-1-104
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
Uphold: The decision of an appellate court not to reverse a lower court decision.
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.
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 group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-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
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under 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