Terms Used In Utah Code > Title 11 > Chapter 70 - Utah Fairpark Area Investment and Restoration District

• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
• Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Airport lounge: means a business location:
       (1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and
       (1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
• Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 5, Airport Lounge License. See Utah Code 32B-1-102
• Alcohol training and education seminar: means a seminar that is:
       (5)(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
       (5)(b) described in Section 26B-5-205. See Utah Code 32B-1-102
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
• 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.
• Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
• Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
• 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.
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• articles of incorporation: means :
       (11)(a) the original articles;
       (11)(b) a special law;
       (11)(c) a charter;
       (11)(d) an amendment;
       (11)(e) restated articles;
       (11)(f) articles of merger or consolidation;
       (11)(g) a trust instrument;
       (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
       (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• authorized insurer: means an insurer:
            (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
            (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Banquet: means an event:
       (8)(a) that is a private event or a privately sponsored event;
       (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:

            (8)(b)(i) a hotel;

            (8)(b)(ii) a resort facility;

            (8)(b)(iii) a sports center;

            (8)(b)(iv) a convention center;

            (8)(b)(v) a performing arts facility;

            (8)(b)(vi) an arena; or

            (8)(b)(vii) a restaurant venue;
       (8)(c) for which there is a contract:

            (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and

            (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
       (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
• Bar establishment license: includes :
            (9)(b)(i) a dining club license;
            (9)(b)(ii) an equity license;
            (9)(b)(iii) a fraternal license; or
            (9)(b)(iv) a bar license. See Utah Code 32B-1-102
• Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
• Base taxable value: means the taxable value of land within the fairpark district boundary as of January 1, 2024, as determined under Subsection 11-70-206(9). See Utah Code 11-70-101
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer retailer: means a business that:
       (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
       (13)(b) is licensed as:

            (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or

            (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the fairpark district's governing body, created in Section 11-70-301. See Utah Code 11-70-101
• board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
• 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 entity: means :
       (17)(a) a corporation;
       (17)(b) an association;
       (17)(c) a partnership;
       (17)(d) a limited liability company;
       (17)(e) a limited liability partnership; or
       (17)(f) another legal entity. See Utah Code 31A-1-301
• business of insurance: includes :
       (98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;
       (98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:

            (98)(b)(i) by a single employer or by multiple employer groups; or

            (98)(b)(ii) through one or more trusts, associations, or other entities;
       (98)(c) providing an annuity:

            (98)(c)(i) including an annuity issued in return for a gift; and

            (98)(c)(ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
       (98)(d) providing the characteristic services of a motor club;
       (98)(e) providing another person with insurance;
       (98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
       (98)(g) transacting or proposing to transact any phase of title insurance, including:

            (98)(g)(i) solicitation;

            (98)(g)(ii) negotiation preliminary to execution;

            (98)(g)(iii) execution of a contract of title insurance;

            (98)(g)(iv) insuring; and

            (98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
       (98)(h) transacting or proposing a life settlement; and
       (98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
• Captive insurance company: means :
       (21)(a) an insurer:

            (21)(a)(i) owned by a parent organization; and

            (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:

                 (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and

                 (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
       (21)(b) in the case of a group or association, an insurer:

            (21)(b)(i) owned by the insureds; and

            (21)(b)(ii) whose purpose is to insure risks of:

                 (21)(b)(ii)(A) a member organization;

                 (21)(b)(ii)(B) a group member; or

                 (21)(b)(ii)(C) an affiliate of:

                      (21)(b)(ii)(C)(I) a member organization; or

                      (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
• cash: means a medium of exchange that a depository institution, as defined in Section 7-1-103, accepts for deposit and allows an immediate credit to an account in the depository institution, including the following in a depository institution:
       (2)(a) a savings account; or
       (2)(b) a certificate of deposit with a maturity date within one year or less from the day on which the certificate of deposit is acquired. See Utah Code 31A-18-101
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• 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
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
• Commission-approved activity: means a leisure activity that:
       (1)(a) the commission approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
       (1)(b) does not involve the use of a dangerous weapon. See Utah Code 32B-6-702
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
• Construction: means the function of constructing or reconstructing a sidewalk with or without curb and gutter and includes land acquisition and engineering or inspection as defined by the rules and regulations of the department. See Utah Code 72-8-102
• consultant: means a person who:
       (99)(a) advises another person about insurance needs and coverages;
       (99)(b) is compensated by the person advised on a basis not directly related to the insurance placed; and
       (99)(c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
• 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.
• contract holder: means a person who purchases a service contract. See Utah Code 31A-6a-101
• Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
• Convention center: means a facility that is:
       (27)(a) in total at least 30,000 square feet; and
       (27)(b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
• 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 an insurance corporation, except when referring to:
            (34)(a)(i) a corporation doing business:

                 (34)(a)(i)(A) as:

                      (34)(a)(i)(A)(I) an insurance producer;

                      (34)(a)(i)(A)(II) a surplus lines producer;

                      (34)(a)(i)(A)(III) a limited line producer;

                      (34)(a)(i)(A)(IV) a consultant;

                      (34)(a)(i)(A)(V) a managing general agent;

                      (34)(a)(i)(A)(VI) a reinsurance intermediary;

                      (34)(a)(i)(A)(VII) a third party administrator; or

                      (34)(a)(i)(A)(VIII) an adjuster; and

                 (34)(a)(i)(B) under:

                      (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;

                      (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or

                      (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
            (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
• Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
• Curb and gutter: means the area between the roadway and sidewalk designed for water runoff and providing a barrier for safety of pedestrian and vehicular traffic. See Utah Code 72-8-102
• 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.
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Designated parcel: means a parcel of land specified in a designation resolution. See Utah Code 11-70-101
• Designation resolution: means a resolution adopted by the board that designates a transition date for the parcel specified in the resolution. See Utah Code 11-70-101
• Development: means :
       (5)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
       (5)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (5)(a). See Utah Code 11-70-101
• Development project: means a project for the development of land within a project area. See Utah Code 11-70-101
• Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302
• 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 of a corporation. See Utah Code 31A-1-301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• dispense: means :
            (36)(a)(i) drawing an alcoholic product; and
            (36)(a)(ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
• Dispensing area: means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
            (2)(a)(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
            (2)(a)(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
            (2)(a)(iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:

                 (2)(a)(iii)(A) at least 42 inches high; and

                 (2)(a)(iii)(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-202
• Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
            (2)(a)(i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
            (2)(a)(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
            (2)(a)(iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:

                 (2)(a)(iii)(A) at least 42 inches high; and

                 (2)(a)(iii)(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-302
• Dispensing structure: means a surface or structure on a licensed premises:
       (37)(a) where an alcoholic product is dispensed; or
       (37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
• District sales tax area: means an area described in and established as provided in Subsection 11-70-206(10). See Utah Code 11-70-101
• Domestic airport: means an airport that:
       (40)(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
       (40)(b) receives scheduled commercial passenger aircraft service; and
       (40)(c) is not an international airport. See Utah Code 32B-1-102
• Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
       (63)(a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
       (63)(b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
• 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.
• Excess surplus: means :
            (186)(c)(i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:

                 (186)(c)(i)(A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:

                      (186)(c)(i)(A)(I) 2. See Utah Code 31A-1-301
• Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
       (67)(a) a specific physical condition;
       (67)(b) a specific medical procedure;
       (67)(c) a specific disease or disorder; or
       (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-70-101
• 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.
• Fair park authority: means the State Fair Park Authority created in Section 11-68-201. See Utah Code 11-70-101
• Fair park land: means the same as that term is defined in Section 11-68-101. See Utah Code 11-70-101
• Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 11-70-101
• Fairpark district boundary: means a line or set of lines that:
       (12)(a) defines the geographic boundary of the fairpark district, consisting of the interior space within each polygon described by the line or set of lines; and
       (12)(b) is delineated in the electronic shapefile that is the electronic component of H. See Utah Code 11-70-101
• Fairpark district funds: means money the fairpark district receives from any source, including money the fairpark district receives under:
       (13)(a) Sections 10-1-304 and 11-70-205;
       (13)(b) Section 10-1-403;
       (13)(c) Section 11-70-203;
       (13)(d) Section 11-70-204;
       (13)(e) Sections 59-12-352 and 59-12-354;
       (13)(f) Section 59-12-401;
       (13)(g) Section 59-12-402; and
       (13)(h) Section 59-12-1201. See Utah Code 11-70-101
• 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.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• 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
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Franchise agreement: means a legally binding and valid agreement under which:
       (15)(a) a franchise is confirmed for a major league sports team that before January 1, 2024 had not been located in the state; and
       (15)(b) the major league sports team agrees to play home games in a stadium to be constructed within the fairpark district boundary. See Utah Code 11-70-101
• Franchise agreement date: means the date that a franchise agreement is fully executed and in effect. See Utah Code 11-70-101
• Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
• Fraud: Intentional deception resulting in injury to another.
• Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section Utah Code 31A-1-301
• 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 an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
• Hard cider: means the same as that term is defined in Utah Code 32B-1-102
• Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 31A-1-301
• health insurance: means insurance providing:
            (84)(a)(i) a health care benefit; or
            (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
• Heavy beer: means a product that:
            (51)(a)(i)

                 (51)(a)(i)(A) contains more than 5% alcohol by volume;

                 (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
• Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
• 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
• Home warranty service contract: means a service contract that requires a person to repair or replace a component, system, or appliance of a home or make indemnification to the contract holder for the repair or replacement of a component, system, or appliance of the home:
       (1)(a) upon mechanical or operational failure of the component, system, or appliance;
       (1)(b) for a predetermined fee; and
       (1)(c) if:

            (1)(c)(i) the person is not the builder, seller, or lessor of the home that is the subject of the contract; and

            (1)(c)(ii) the failure described in Subsection (1)(a) occurs within a specified period of time. See Utah Code 31A-6a-101
• Host municipality: means the municipality whose boundary includes the land within the fairpark district boundary. See Utah Code 11-70-101
• 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
• 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}
• Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
• Individual: means a natural person. See Utah Code 31A-1-301
• Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insolvent: means that:
       (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
       (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
       (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• insurance company: means a person doing an insurance business as a principal including:
            (104)(a)(i) a fraternal benefit society;
            (104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
            (104)(a)(iii) a motor club;
            (104)(a)(iv) an employee welfare plan;
            (104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
            (104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301
• Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
• Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Interinsurance exchange: means the same as that term is defined in Subsection (168). See Utah Code 31A-1-301
• International airport: means an airport:
       (59)(a) with a United States Customs and Border Protection office on the premises of the airport; and
       (59)(b) at which international flights may enter and depart. See Utah Code 32B-1-102
• Internationally active insurance group: means an insurance holding company system:
       (106)(a) that includes an insurer registered under Section 31A-16-105;
       (106)(b) that has premiums written in at least three countries;
       (106)(c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
       (106)(d) that, based on a three-year rolling average, has:

            (106)(d)(i) total assets of at least $50,000,000,000; or

            (106)(d)(ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
• Investigator: means an individual who is:
       (61)(a) a department compliance officer; or
       (61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• License: means :
       (62)(a) a retail license;
       (62)(b) a sublicense;
       (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
       (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
       (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
       (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
       (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
• Licensee: means a person who holds a license. See Utah Code 32B-1-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited line insurance: includes :
       (118)(a) bail bond;
       (118)(b) limited line credit insurance;
       (118)(c) legal expense insurance;
       (118)(d) motor club insurance;
       (118)(e) car rental related insurance;
       (118)(f) travel insurance;
       (118)(g) crop insurance;
       (118)(h) self-service storage insurance;
       (118)(i) guaranteed asset protection waiver;
       (118)(j) portable electronics insurance; and
       (118)(k) another form of limited insurance that the commissioner determines by rule should be designated a form of limited line insurance. See Utah Code 31A-1-301
• 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
• Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
• Major league sports team: means a team:
       (18)(a) consisting of professional athletes;
       (18)(b) that is part of a professional sports league; and
       (18)(c) that is engaged in the business of presenting live sporting events before primarily a paying audience. See Utah Code 11-70-101
• Mechanical breakdown insurance: means a policy, contract, or agreement issued by an insurance company that has complied with either Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers, that undertakes to perform or provide repair or replacement service on goods or property, or indemnification for repair or replacement service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear. See Utah Code 31A-6a-101
• Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
• Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
• Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
• minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
• 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.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor club: means a person:
       (131)(a) licensed under:

            (131)(a)(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;

            (131)(a)(ii) Chapter 11, Motor Clubs; or

            (131)(a)(iii) Chapter 14, Foreign Insurers; and
       (131)(b) that promises for an advance consideration to provide for a stated period of time one or more:

            (131)(b)(i) legal services under Subsection 31A-11-102(1)(b);

            (131)(b)(ii) bail services under Subsection 31A-11-102(1)(c); or

            (131)(b)(iii)

                 (131)(b)(iii)(A) trip reimbursement;

                 (131)(b)(iii)(B) towing services;

                 (131)(b)(iii)(C) emergency road services;

                 (131)(b)(iii)(D) stolen automobile services;

                 (131)(b)(iii)(E) a combination of the services listed in Subsections (131)(b)(iii)(A) through (D); or

                 (131)(b)(iii)(F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
• 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
• Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
• NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
• NAIC liquidity stress test framework: means a NAIC publication that includes:
       (134)(a) a history of the NAIC's development of regulatory liquidity stress testing;
       (134)(b) the scope criteria applicable for a specific data year; and
       (134)(c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
• 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.
• Ocean marine insurance: means insurance against loss of or damage to:
       (138)(a) ships or hulls of ships;
       (138)(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
       (138)(c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
       (138)(d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
• 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
• On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
• On-premise beer retailer: means a beer retailer who is:
       (83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
       (83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:

            (83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and

            (83)(b)(ii) on and after March 1, 2012, operating:

                 (83)(b)(ii)(A) as a tavern; or

                 (83)(b)(ii)(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
• ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
• ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
• Other state land: means :
       (19)(a) land within the fairpark district boundary, other than fair park land, that is owned by the state on January 1, 2024; and
       (19)(b) land acquired by the fairpark district or the state on or after May 1, 2024. See Utah Code 11-70-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
       (143)(a)

            (143)(a)(i) of each material and relevant risk associated with the insurer or insurance group;

            (143)(a)(ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (143)(a)(i); and

            (143)(a)(iii) of the sufficiency of capital resources to support each risk described in Subsection (143)(a)(i); and
       (143)(b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
• 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
• 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
• Payment period: means a period of up to 35 years, as specified in a designation resolution, beginning on the transition date, during which enhanced property tax revenue under Section 11-70-401 is to be paid. See Utah Code 11-70-101
• Performing arts facility: means a multi-use performance space that:
            (88)(a)(i) is primarily used to present various types of performing arts, including dance, music, and theater;
            (88)(a)(ii) contains over 2,500 seats;
            (88)(a)(iii) is owned and operated by a governmental entity; and
            (88)(a)(iv) is located in a city of the first class. See Utah Code 32B-1-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Person: means :
       (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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
• Post-designation parcel: means a parcel within a project area after the transition date for that parcel. See Utah Code 11-70-101
• Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
• Premium: includes , however designated:
            (156)(b)(i) an assessment;
            (156)(b)(ii) a membership fee;
            (156)(b)(iii) a required contribution; or
            (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
• Private event: means a specific social, business, or recreational event:
            (95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
            (95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
• Professional sports league: means a group of major league sports teams that have formed a league:
       (23)(a) for the major league sports teams to compete against one another; and
       (23)(b) in which the combined average annual payroll for the major league sports teams in the league on the franchise agreement date is not less than $100,000,000. See Utah Code 11-70-101
• Project area: means land described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-70-101
• Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-70-101
• Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-70-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-70-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public entity: means :
       (28)(a) the state, including each department, division, or other agency of the state; or
       (28)(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 fairpark district. See Utah Code 11-70-101
• Public infrastructure and improvements: includes :
            (29)(b)(i) facilities, lines, or systems that provide:

                 (29)(b)(i)(A) water, chilled water, or steam; or

                 (29)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
            (29)(b)(ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
            (29)(b)(iii) a qualified stadium;
            (29)(b)(iv) public trails and pathways associated with and rehabilitation of and improvements to the Jordan River; and
            (29)(b)(v) agricultural and related exhibit facilities on fair park land. See Utah Code 11-70-101
• Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• Qualified owner: means an owner of at least 65 contiguous acres of privately owned land within the fairpark district boundary, or the owner's affiliate. See Utah Code 11-70-101
• Qualified stadium: includes parking structures or facilities, lighting facilities, plazas, and open space associated with a stadium described in Subsection (31)(a). See Utah Code 11-70-101
• Quorum: The number of legislators that must be present to do business.
• Rate: means :
            (163)(a)(i) the cost of a given unit of insurance; or
            (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:

                 (163)(a)(ii)(A) a single number; or

                 (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:

                      (163)(a)(ii)(B)(I) expenses;

                      (163)(a)(ii)(B)(II) profit; and

                      (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• 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
• Recreational amenity: means :
            (2)(a)(i) a billiard parlor;
            (2)(a)(ii) a pool parlor;
            (2)(a)(iii) a bowling facility;
            (2)(a)(iv) a golf course;
            (2)(a)(v) miniature golf;
            (2)(a)(vi) a golf driving range;
            (2)(a)(vii) a tennis club;
            (2)(a)(viii) a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 5,000;
            (2)(a)(ix) a concert venue that has a seating capacity equal to or greater than 5,000;
            (2)(a)(x) one of the following if owned by a government agency:

                 (2)(a)(x)(A) a convention center;

                 (2)(a)(x)(B) a fair facility;

                 (2)(a)(x)(C) an equestrian park;

                 (2)(a)(x)(D) a theater; or

                 (2)(a)(x)(E) a concert venue;
            (2)(a)(xi) an amusement park:

                 (2)(a)(xi)(A) with one or more permanent amusement rides; and

                 (2)(a)(xi)(B) located on at least 50 acres;
            (2)(a)(xii) a ski resort;
            (2)(a)(xiii) a venue for live entertainment if the venue:

                 (2)(a)(xiii)(A) is not regularly open for more than five hours on any day;

                 (2)(a)(xiii)(B) is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and

                 (2)(a)(xiii)(C) is operated so that no more than 15% of its total annual receipts are from the sale of beer;
            (2)(a)(xiv) concessions operated within the boundary of a park administered by the:

                 (2)(a)(xiv)(A) Division of State Parks; or

                 (2)(a)(xiv)(B) National Parks Service;
            (2)(a)(xv) a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020;
            (2)(a)(xvi) a venue for karaoke; or
            (2)(a)(xvii) an enterprise developed around a commission-approved activity. See Utah Code 32B-6-702
• reimbursement insurance policy: means a policy of insurance providing coverage for all obligations and liabilities incurred by the service contract provider or warrantor under the terms of the service contract or vehicle protection product warranty issued by the provider or warrantor. See Utah Code 31A-6a-101
• Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
• Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
• 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.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
• Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Restaurant: means a business location:
       (110)(a) at which a variety of foods are prepared;
       (110)(b) at which complete meals are served; and
       (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
• Restaurant license: means one of the following licenses issued under this title:
       (111)(a) a full-service restaurant license;
       (111)(b) a limited-service restaurant license; or
       (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
• Restaurant venue: means a room within a restaurant that:
       (112)(a) is located on the licensed premises of a restaurant licensee;
       (112)(b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
       (112)(c)

            (112)(c)(i) has at least 1,000 square feet that:

                 (112)(c)(i)(A) may be reserved for a banquet; and

                 (112)(c)(i)(B) accommodates at least 75 individuals; or

            (112)(c)(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
• Retail license: means one of the following licenses issued under this title:
       (113)(a) a full-service restaurant license;
       (113)(b) a master full-service restaurant license;
       (113)(c) a limited-service restaurant license;
       (113)(d) a master limited-service restaurant license;
       (113)(e) a bar establishment license;
       (113)(f) an airport lounge license;
       (113)(g) an on-premise banquet license;
       (113)(h) an on-premise beer license;
       (113)(i) a reception center license;
       (113)(j) a beer-only restaurant license;
       (113)(k) a hospitality amenity license;
       (113)(l) a resort license;
       (113)(m) a hotel license; or
       (113)(n) an arena license. See Utah Code 32B-1-102
• Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
• Risk Management Fund: means the fund created under Section 63A-4-201. See Utah Code 31A-12-101
• 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
• Road hazard: includes potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Utah Code 31A-6a-101
• Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
       (114)(a) hotel; or
       (114)(b) resort facility. See Utah Code 32B-1-102
• Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
• Security: means a:
            (176)(a)(i) note;
            (176)(a)(ii) stock;
            (176)(a)(iii) bond;
            (176)(a)(iv) debenture;
            (176)(a)(v) evidence of indebtedness;
            (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
            (176)(a)(vii) collateral-trust certificate;
            (176)(a)(viii) preorganization certificate or subscription;
            (176)(a)(ix) transferable share;
            (176)(a)(x) investment contract;
            (176)(a)(xi) voting trust certificate;
            (176)(a)(xii) certificate of deposit for a security;
            (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
            (176)(a)(xiv) commodity contract or commodity option;
            (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
            (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
• Securityholder: means a specified person who owns a security of a person, including:
       (177)(a) common stock;
       (177)(b) preferred stock;
       (177)(c) debt obligations; and
       (177)(d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (177). See Utah Code 31A-1-301
• Sell: means to exchange a contract of insurance:
       (179)(a) by any means;
       (179)(b) for money or its equivalent; and
       (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
• Service contract: includes any contract or agreement to perform or reimburse the service contract holder for any one or more of the following services:
            (6)(c)(i) the repair or replacement of tires, wheels, or both on a motor vehicle damaged as a result of coming into contact with a road hazard;
            (6)(c)(ii) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
            (6)(c)(iii) the repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard, that is primary to the coverage offered by the motor vehicle owner's motor vehicle insurance policy; or
            (6)(c)(iv) the replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen, except that the replacement of lost or stolen property is limited to only the replacement of a lost or stolen motor vehicle key or key-fob. See Utah Code 31A-6a-101
• Service contract provider: means a person who issues, makes, provides, administers, sells or offers to sell a service contract, or who is contractually obligated to provide service under a service contract. See Utah Code 31A-6a-101
• 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.
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-70-101
• 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 employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
            (182)(a)(i)

                 (182)(a)(i)(A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or

                 (182)(a)(i)(B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
            (182)(a)(ii) employs at least one employee on the first day of the plan year; and
            (182)(a)(iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under Utah Code 31A-1-301
• Small full-service restaurant licensee: means a converted full-service restaurant licensee as defined in Section 32B-6-404. See Utah Code 32B-6-202
• Small limited-service restaurant licensee: means a limited-service restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
       (3)(a) when measured in accordance with Subsection (2)(a)(ii); and
       (3)(b) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-302
• Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
• Sports center: is a s defined by the commission by rule. See Utah Code 32B-1-102
• Stadium contribution: means the principal amount of bonds that the district issues to pay for the development and construction of a qualified stadium, plus any other amount the district pays toward the development and construction of a qualified stadium. See Utah Code 11-70-101
• 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 fair purposes: means the purposes for the use of fair park land related to the fair park authority's management, supervision, and control over a state fair and related events and activities. See Utah Code 11-70-101
• State-owned land: means :
       (35)(a) fair park land; and
       (35)(b) other state land. See Utah Code 11-70-101
• Statute: A law passed by a legislature.
• Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
• Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
• Subpoena: A command to a witness to appear and give testimony.
• Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
• Tavern: means an on-premise beer retailer who is:
       (135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
       (135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-70-101
• Taxing entity: means the same as that term is defined in Section 59-2-102, excluding a public infrastructure district that the fairpark district creates under Title 17D, Chapter 4, Public Infrastructure District Act. See Utah Code 11-70-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
• Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
       (189)(a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
       (189)(b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
• total passengers: means the number of total passengers in a calendar year that is reported in the most current comprehensive annual financial report for the airport in which an airport lounge is located. See Utah Code 32B-6-502
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transition date: means the date indicated in a designation resolution after which the parcel that is the subject of the designation resolution becomes a post-designation parcel. See Utah Code 11-70-101
• Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
• Trustee: A person or institution holding and administering property in trust.
• under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
• 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}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle protection product: includes :
            (10)(b)(i) a vehicle protection product warranty;
            (10)(b)(ii) an alarm system;
            (10)(b)(iii) a body part marking product;
            (10)(b)(iv) a steering lock;
            (10)(b)(v) a window etch product;
            (10)(b)(vi) a pedal and ignition lock;
            (10)(b)(vii) a fuel and ignition kill switch; and
            (10)(b)(viii) an electronic, radio, or satellite tracking device. See Utah Code 31A-6a-101
• Vehicle protection product warranty: means a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent the theft of the motor vehicle, or aid in the recovery of the motor vehicle within a time period specified in the warranty, not exceeding 30 days after the day on which the motor vehicle is reported stolen, the warrantor will reimburse the warranty holder for incidental costs specified in the warranty, not exceeding $5,000, or in a specified fixed amount not exceeding $5,000. See Utah Code 31A-6a-101
• Vehicle service contract: means a service contract for the repair or maintenance of a vehicle:
       (12)(a) for operational or structural failure because of a defect in materials, workmanship, normal wear and tear, or accidental damage from handling; and
       (12)(b) with or without additional provision for incidental payment of indemnity under limited circumstances, including towing, providing a rental car, or providing emergency road service. See Utah Code 31A-6a-101
• Venue: The geographical location in which a case is tried.
• Waiting area: includes a lobby. See Utah Code 32B-6-302
• Warrantor: means a person who is contractually obligated to the warranty holder under the terms of a vehicle protection product warranty. See Utah Code 31A-6a-101
• Warranty holder: means the person who purchases a vehicle protection product, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the vehicle protection product warranty. See Utah Code 31A-6a-101
• 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