Utah Code > Title 11 > Chapter 63 – Trampoline Park Safety

		Sections
Part 1	General Provisions	11-63-101 – 11-63-103
Part 2	License Required	11-63-201 – 11-63-202
Part 3	Safety Standards	11-63-301 – 11-63-305
Part 4	Compliance	11-63-401 – 11-63-402
Part 5	Liability	11-63-501 – 11-63-502

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Terms Used In Utah Code > Title 11 > Chapter 63 - Trampoline Park Safety

Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
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
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
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 the same as that term is defined in Section 16-10a-102. See Utah Code 16-10a-1802
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
Allegation: something that someone says happened.
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.
Announcement date: when used in reference to a business combination, means the date of the first public announcement of the final, definitive proposal for the business combination. See Utah Code 16-10a-1802
Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
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.
Appraisal: A determination of property value.
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arrest: Taking physical custody of a person by lawful authority.
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.
Associate: when used to indicate a relationship with a person, means:
     (3)(a) a corporation or organization of which the person is an officer or partner or is, directly or indirectly, the beneficial owner of 10% or more of any class of voting stock;
     (3)(b) a trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and
     (3)(c) a relative or spouse of the person, or any relative of the spouse, who has the same home as the person. See Utah Code 16-10a-1802
Assumed corporate name: means a name assumed for use in this state by a foreign corporation pursuant to Section 16-10a-1506 because its corporate name is not available for use in this state. See Utah Code 16-10a-102
Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-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.
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
Beneficial owner: when used with respect to stock, means a person:
     (4)(a) that, individually or with or through any of its affiliates or associates, beneficially owns the stock, directly or indirectly;
     (4)(b) that, individually or with or through any of its affiliates or associates, has:
          (4)(b)(i) the right to acquire the stock:
               (4)(b)(i)(A) whether the right is exercisable immediately or only after the passage of time, pursuant to an agreement, arrangement, or understanding, whether or not in writing; or
               (4)(b)(i)(B) upon the exercise of conversion rights, exchange rights, warrants, or options, or otherwise, except that a person may not be considered the beneficial owner of stock tendered pursuant to a tender or exchange offer made by the person or an affiliate or associate of the person until the tendered stock is accepted for purchase or exchange; or
          (4)(b)(ii) the right to vote the stock pursuant to an agreement, arrangement, or understanding, whether or not in writing, except that a person may not be considered the beneficial owner of any stock under this Subsection (4)(b)(ii) if the agreement, arrangement, or understanding to vote the stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable regulations under the Exchange Act and is not then reportable on a Schedule 13D under the Exchange Act, or any comparable or successor report; or
     (4)(c) that has an agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in Subsection (4)(b)(ii), or disposing of the stock with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the stock. See Utah Code 16-10a-1802
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 corporation: means a business corporation:
(2)(a) that elects to become subject to this chapter; and
(2)(b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
(4)(a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
(4)(b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103
Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
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
Business combination: when used in reference to any domestic corporation and an interested shareholder of the corporation, means:
     (5)(a) a merger or consolidation of the corporation or any subsidiary of the corporation with:
          (5)(a)(i) the interested shareholder; or
          (5)(a)(ii) any other corporation, whether or not that corporation is an interested shareholder of the corporation, that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder;
     (5)(b) any sale, lease, exchange, mortgage, pledge, transfer, or other disposition, in one transaction or a series of transactions, to or with the interested shareholder or any affiliate or associate of the interested shareholder of assets of the corporation or any subsidiary of the corporation:
          (5)(b)(i) having an aggregate market value equal to 10% or more of the aggregate market value of all the assets, determined on a consolidated basis, of the corporation;
          (5)(b)(ii) having an aggregate market value equal to 10% or more of the aggregate market value of all the outstanding stock of the corporation; or
          (5)(b)(iii) representing 10% or more of the earning power or net income, determined on a consolidated basis, of the corporation;
     (5)(c) the issuance or transfer by the corporation or any subsidiary of the corporation, in one transaction or a series of transactions, of any stock of the corporation or any subsidiary of the corporation that has an aggregate market value equal to 5% or more of the aggregate market value of all the outstanding stock of the corporation to the interested shareholder or any affiliate or associate of the interested shareholder except pursuant to the exercise of warrants or rights to purchase stock offered, or a dividend or distribution paid or made, pro rata to all shareholders of the corporation;
     (5)(d) the adoption of any plan or proposal for the liquidation or dissolution of the corporation proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder;
     (5)(e) any reclassification of securities, including a stock split, stock dividend, or other distribution of stock in respect of stock, or any reverse stock split, or recapitalization of the corporation, or any merger or consolidation of the corporation with any subsidiary of the corporation, or any other transaction, whether or not with, into, or otherwise involving the interested shareholder:
          (5)(e)(i) proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; and
          (5)(e)(ii) that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of any class or series of voting stock or securities convertible into voting stock of the corporation or any subsidiary of the corporation that is directly or indirectly owned by the interested shareholder or any affiliate or associate of the interested shareholder, except as a result of immaterial changes due to fractional share adjustments; or
     (5)(f) a receipt by the interested shareholder or an affiliate or associate of the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of the corporation, of a loan, advance, guarantee, pledge, or other financial assistance or any tax credit or other tax advantage provided by or through the corporation. See Utah Code 16-10a-1802
Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
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
Chambers: A judge's office.
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
Commercial trampoline: means a device that:
(1)(a) incorporates a trampoline bed; and
(1)(b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102
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.
Common stock: means stock other than preferred stock. See Utah Code 16-10a-1802
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
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
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
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
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
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
Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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.
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.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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 16-10a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
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 violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
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 :
     (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.
Exchange Act: means the Securities Exchange Act of 1934, Utah Code 16-10a-1802
Executive officer: means :
     (8)(a) a benefit corporation's president;
     (8)(b) a vice president of the benefit corporation in charge of a principal business unit, division, or function; or
     (8)(c) any other officer who performs a policy-making function for the benefit corporation. See Utah Code 16-10b-103
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
Fiduciary: A trustee, executor, or administrator.
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.
Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
Fraud: Intentional deception resulting in injury to another.
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 public benefit: means a material positive impact on society and the environment:
     (9)(a) taken as a whole;
     (9)(b) assessed against a third-party standard; and
     (9)(c) from the business of a benefit corporation. See Utah Code 16-10b-103
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Guest: means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment. See Utah Code 29-2-102
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
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
Immediate family: means a parent, spouse, surviving spouse, child, or sibling of a person. See Utah Code 16-10b-103
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}
Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
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
Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Innkeeper: means the proprietor or designated employee of a proprietor of a lodging establishment. See Utah Code 29-2-102
Inspection: means a procedure that an inspector conducts to:
     (4)(a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
     (4)(b) determine the operational safety of a trampoline park facility, including any device or material; and
     (4)(c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
Inspector: means an individual who:
     (5)(a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
     (5)(b)
          (5)(b)(i) is certified by:
               (5)(b)(i)(A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
               (5)(b)(i)(B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);
          (5)(b)(ii) represents the insurer of the trampoline park;
          (5)(b)(iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:
               (5)(b)(iii)(A) inspects amusement and recreational facilities and equipment; and
               (5)(b)(iii)(B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
          (5)(b)(iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
Interested shareholder: when used in reference to a domestic corporation, means a person, other than the corporation or a subsidiary of the corporation, that:
(10)(a)(i) is the beneficial owner, directly or indirectly, of 20% or more of the outstanding voting stock of the corporation; or
(10)(a)(ii) is an affiliate or associate of the corporation and at any time within the five-year period immediately before the date in question was the beneficial owner, directly or indirectly, of 20% or more of the then outstanding voting stock of the corporation. See Utah Code 16-10a-1802
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
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}
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.
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 regulating authority: means the business licensing division of:
(6)(a) the city or town in which the trampoline park is located; or
(6)(b) if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
Lodging establishment: means a place providing temporary sleeping accommodations to the public, including any of the following:
     (5)(a) a bed and breakfast establishment;
     (5)(b) a boarding house;
     (5)(c) a hotel;
     (5)(d) an inn;
     (5)(e) a lodging house;
     (5)(f) a motel;
     (5)(g) a resort; or
     (5)(h) a rooming house. See Utah Code 29-2-102
mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
Man: means an adult human male. See Utah Code 68-3-12.5
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
Market value: when used in reference to stock or property of a domestic corporation, means:
     (11)(a) in the case of stock:
          (11)(a)(i) the highest closing sale price during the 30-day period immediately preceding the date in question of a share of the stock on the composite tape for New York stock exchange-listed stocks;
          (11)(a)(ii) if the stock is not quoted on the composite tape or listed on the exchange described in Subsection (11)(a)(i), the highest closing sale price during the 30-day period immediately preceding the date in question on the principal United States securities exchange registered under the Exchange Act on which the stock is listed; or
          (11)(a)(iii) if no quotation is available under Subsection (11)(a)(i) or (ii), the fair market value on the date in question of a share of the stock as determined by the board of directors of the corporation in good faith; and
     (11)(b) in the case of property other than cash or stock, the fair market value of the property on the date in question as determined by the board of directors of the corporation in good faith. See Utah Code 16-10a-1802
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
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
Minimum status vote: means :
     (12)(a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions:
          (12)(a)(i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and
          (12)(a)(ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or
     (12)(b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions:
          (12)(b)(i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and
          (12)(b)(ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103
Minor: means an unemancipated person younger than 18 years of age. See Utah Code 29-2-102
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
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.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
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
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.
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Nuisance activity: means :
(1)(a) a judicial finding that a licensed establishment is a nuisance under Section 32B-4-208; or
(1)(b) an act described in Section 32B-3-303. See Utah Code 32B-3-302
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
Objecting governmental entity: means :
     (2)(a) a local government entity;
     (2)(b) a prosecutor's office; or
     (2)(c) a law enforcement agency. See Utah Code 32B-3-302
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
Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
Oppressive conduct: means a continuing course of conduct, a significant action, or a series of actions that substantially interferes with the interests of a shareholder as a shareholder. See Utah Code 16-10a-1901
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
Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
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
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
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.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
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.
Preferred stock: means a class or series of stock of a domestic corporation that under the bylaws or articles of incorporation of the corporation:
(12)(a) is entitled to receive payment of dividends before any payment of dividends on some other class or series of stock; or
(12)(b) is entitled in the event of a voluntary liquidation, dissolution, or winding up of the corporation to receive payment or distribution of a preferential amount before a payment or distribution is received by some other class or series of stock. See Utah Code 16-10a-1802
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
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.
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 :
     (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
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.
Protective order: means :
     (6)(a) a civil protective order, as that term is defined in Section 78B-7-102;
     (6)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
     (6)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 30-3-10.1
Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:
     (7)(a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
     (7)(b) conveys that a child is worthless, defective, or expendable; and
     (7)(c) may terrorize a child. See Utah Code 30-3-10.1
Publicly traded corporation: means a business corporation that has shares listed on a national securities exchange or traded in a market maintained by one or more members of a national securities association. See Utah Code 16-10b-103
Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
     (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
     (27)(b) the voting of which is controlled, by:
          (27)(b)(i) a director who has a conflicting interest respecting the transaction;
          (27)(b)(ii) a related person of that director; or
          (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
Quorum: The number of legislators that must be present to do business.
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
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 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.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
Service member: means a member of a uniformed service. See Utah Code 30-3-10.1
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.
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
Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-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
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
Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
Specific public benefit: includes :
     (14)(a) providing low-income or underserved individuals or communities with beneficial products or services;
     (14)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
     (14)(c) protecting or restoring the environment;
     (14)(d) improving human health;
     (14)(e) promoting the arts, sciences, or advancement of knowledge;
     (14)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
     (14)(g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
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 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.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Stock: means :
     (13)(a) a stock or similar security, a certificate of interest, any participation in a profit sharing agreement, a voting trust certificate, or a certificate of deposit for stock;
     (13)(b) a security convertible, with or without consideration, into stock;
     (13)(c) a warrant, call, or other option or privilege of buying stock without being bound to do so; or
     (13)(d) any other security carrying a right to acquire, subscribe to, or purchase stock. See Utah Code 16-10a-1802
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
Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity had been exercised. See Utah Code 16-10b-103
Summons: Another word for subpoena used by the criminal justice system.
Supplier: means a person who sells an alcoholic product to the department. 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.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
     (16)(a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
     (16)(b) is developed by an entity that is not controlled by the benefit corporation;
     (16)(c) is developed by an entity that both:
          (16)(c)(i) has access to necessary expertise to assess overall corporate social and environmental performance; and
          (16)(c)(ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
     (16)(d) makes the following information publicly available:
          (16)(d)(i) about the standard:
               (16)(d)(i)(A) the criteria considered when measuring the overall social and environmental performance of a business; and
               (16)(d)(i)(B) the relative weightings, if any, of those criteria; and
          (16)(d)(ii) about the development and revision of the standard:
               (16)(d)(ii)(A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;
               (16)(d)(ii)(B) the process by which revisions to the standard and changes to the membership of the governing body are made; or
               (16)(d)(ii)(C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
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
Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
Trampoline court: means an area of a trampoline park comprising:
(10)(a) multiple commercial trampolines; or
(10)(b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribal corporation: means a corporation:
(37)(a) incorporated under the law of a tribe; and
(37)(b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-10a-102
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Uniformed service: means :
     (10)(a) active and reserve components of the United States Armed Forces;
     (10)(b) the United States Merchant Marine;
     (10)(c) the commissioned corps of the United States Public Health Service;
     (10)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
     (10)(e) the National Guard of a state. See Utah Code 30-3-10.1
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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
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
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 stock: means shares of capital stock of a corporation entitled to vote generally in the election of directors. See Utah Code 16-10a-1802
Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
Woman: means an adult human female. See Utah Code 68-3-12.5
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5