Utah Code > Title 17 > Chapter 41 – Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas
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Terms Used In Utah Code > Title 17 > Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Administrative functions: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory board: means :
(1)(a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section17-41-201 ;(1)(b) for an industrial protection area, the industrial protection area advisory board created as provided in Section17-41-201 ; and(1)(c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section17-41-201 . See Utah Code 17-41-101- 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.
- Agent: means a person who is authorized to act on behalf of an owner with respect to a digital asset. See Utah Code 13-62-101
- Agreement administrator: means a person who provides administrative functions related to a vehicle value protection agreement. See Utah Code 13-64-101
- Agricultural land: means "land in agricultural use" as defined in Section 59-2-502. See Utah Code 17-41-601
- Agriculture production: includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator. See Utah Code 17-41-101
- Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
- 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 Section26B-5-205 . See Utah Code 32B-1-102- Alcoholic beverage: means the following:
(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- 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.
- Amortization: Paying off a loan by regular installments.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Applicable legislative body: means :
(4)(a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:(4)(a)(i) the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or(4)(a)(ii) the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and(4)(b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:(4)(b)(i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or(4)(b)(ii) the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beer: means a product that:
(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102- Beer retailer: means a business that:
(13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102- Beer wholesaling license: means a license:
(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102- Board: means the Board of Oil, Gas, and Mining created in Section
40-6-4 . See Utah Code 17-41-101- Boundary of a hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
- Boundary of a resort building: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
- Brewer: means a person engaged in manufacturing:
(16)(a) beer;(16)(b) heavy beer; or(16)(c) a flavored malt beverage. See Utah Code 32B-1-102- Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
- Certificate of approval: means a certificate of approval obtained from the department under Section
32B-11-201 . See Utah Code 32B-1-102- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- 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
- Community location: means :
(23)(a) a public or private school as defined in Subsection32B-1-102 (115);(23)(b) a church;(23)(c) a public library;(23)(d) a public playground; or(23)(e) a public park. See Utah Code 32B-1-102- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Container: means a receptacle that contains an alcoholic product, including:
(25)(a) a bottle;(25)(b) a vessel; or(25)(c) a similar item. See Utah Code 32B-1-102- Contract: A legal written agreement that becomes binding when signed.
- Control: means :
(2)(a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or(2)(b) a secured party has created a smart contract that gives the secured party exclusive legal authority to conduct a transaction relating to a digital security. See Utah Code 13-62-101- Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102
- 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.
- 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 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 Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-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 Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Covered vehicle: means a vehicle that is covered under a vehicle value protection agreement. See Utah Code 13-64-101
- Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
- Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
- Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(8)(a) owns, controls, or manages a critical infrastructure materials operation; and(8)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-41-101- Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Digital asset: includes :
(3)(b)(i) a digital user asset; or(3)(b)(ii) a digital security. See Utah Code 13-62-101- Digital security: means a digital asset that constitutes a security, as that term is defined in Section
70A-8-101 . See Utah Code 13-62-101- Digital user asset: includes an open blockchain token. See Utah Code 13-62-101
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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- Distillery manufacturing license: means a license issued in accordance with Chapter 11, Part 4, Distillery Manufacturing License. See Utah Code 32B-1-102
- Division: means the Division of Consumer Protection created in Section
13-2-1 . See Utah Code 13-61-101- Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-64-101
- Division: means the Division of Oil, Gas, and Mining created in Section
40-6-15 . See Utah Code 17-41-101- 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
- Event permit: means :
(42)(a) a single event permit; or(42)(b) a temporary beer event permit. See Utah Code 32B-1-102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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- Executor: A male person named in a will to carry out the decedent
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- Finance agreement: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
- 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- 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- 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- Hard cider: means the same as that term is defined in Utah Code 32B-1-102
- health care facility: means a facility that is licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 32B-10-702
- 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- hospitality room: means a room or facility:
(1) that a public service permittee operates; and(2) in which an alcoholic product is sold, offered for sale, furnished, or consumed. See Utah Code 32B-10-302- Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
- Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
- Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
- Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
- Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102
- Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
(58)(a) law; or(58)(b) court order. See Utah Code 32B-1-102- International airport: means an airport:
(59)(a) with a United States Customs and Border Protection office on the premises of the airport; and(59)(b) at which international flights may enter and depart. See Utah Code 32B-1-102- intoxication: means that
an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
(60)(a) an alcoholic product;(60)(b) a controlled substance;(60)(c) a substance having the property of releasing toxic vapors; or(60)(d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102- 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- 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- Liquor warehousing license: means a license that is issued:
(69)(a) in accordance with Chapter 12, Liquor Warehousing License Act; and(69)(b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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 Section63H-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
- 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
- manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102
- Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
- 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- Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019:
(13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and(13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101- Mineral deposit: means the same as that term is defined in Section
40-8-4 . See Utah Code 17-41-101- Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101
- 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
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Multi-signature arrangement: means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the digital asset, in which two or more private keys are required to conduct a transaction. See Utah Code 13-62-101
- Municipal: means of or relating to a city or town. See Utah Code 17-41-101
- Municipality: means a city or town. See Utah Code 17-41-101
- New land: means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit. See Utah Code 17-41-101
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Off-site: means the same as that term is defined in Section
40-8-4 . See Utah Code 17-41-101- 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-site: means the same as that term is defined in Section
40-8-4 . See Utah Code 17-41-101- Open land: includes land described in Subsection (2)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body:
(2)(b)(i) enhance the natural, scenic, or aesthetic qualities of the land; or(2)(b)(ii) facilitate the public's access to, or use of, the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. See Utah Code 17-41-601- 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 Section32B-6-1002 , under a hospitality amenity license. See Utah Code 32B-1-102- Permittee: means a person issued a permit under:
(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102- Person: 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- Plaintiff: The person who files the complaint in a civil lawsuit.
- Planning commission: means :
(21)(a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;(21)(b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or(21)(c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101- Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
- 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
- Preliminary period: means a time period that:
(7)(a) begins the day on which the vehicle value protection agreement becomes effective; and(7)(b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. See Utah Code 13-64-101- 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
- Prescription: means an order issued by a health care practitioner when:
(92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;(92)(b) the order is made in the course of that health care practitioner's professional practice; and(92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102- Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
- Private key: means a unique element of cryptographic data that is:
(7)(a) held by a person;(7)(b) paired with a public key; and(7)(c) used to digitally sign a transaction. See Utah Code 13-62-101- 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.
- Provider: means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. See Utah Code 13-64-101
- Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
- Public key: means a unique element of cryptographic data that:
(8)(a) is publicly available;(8)(b) is paired with a private key that is held by the owner of the public key; and(8)(c) allows viewing, but not digitally signing, electronic transactions. See Utah Code 13-62-101- Public land county: means a county in which over 50% of the land area is publicly owned. See Utah Code 17-41-601
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Purchaser: means a person who purchases a benefit from another person under a vehicle value protection agreement. See Utah Code 13-64-101
- 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- Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
- Resort: means the same as that term is defined in Section
32B-8-102 . See Utah Code 32B-1-102- Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
- Restaurant: means a business location:
(110)(a) at which a variety of foods are prepared;(110)(b) at which complete meals are served; and(110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102- 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- Rollback tax funds: means the rollback taxes paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710. See Utah Code 17-41-601
- Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
- 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.
- Single event permit: means an event permit issued in accordance with Part 3, Single Event Permit. See Utah Code 32B-9-102
- Single event permit: means :
(3)(a) a 120 hour single event permit; and(3)(b) a 72 hour single event permit. See Utah Code 32B-9-302- 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- Spa: means a spa:
(5)(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and(5)(b) that is within the:(5)(b)(i) boundary of a resort building; or(5)(b)(ii) boundary of a hotel. See Utah Code 32B-8d-102- Spa sublicense: means a sublicense:
(124)(a) to a resort license or hotel license; and(124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102- Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
- special use permit: means a special use permit issued under this chapter, including:
(1) a religious wine use permit;(2) an industrial or manufacturing use permit;(3) a scientific or educational use permit; and(4) a public service permit. See Utah Code 32B-10-102- Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State agency: means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 17-41-101
- 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.
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- Sublicense: means :
(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102- Summons: Another word for subpoena used by the criminal justice system.
- Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
- Temporary beer event permit: means an event permit issued in accordance with Part 4, Temporary Beer Event Permit. See Utah Code 32B-9-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
- Unincorporated: means not within a city or town. See Utah Code 17-41-101
- 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- Vehicle: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
- Vehicle value protection agreement: includes :
(12)(b)(i) a vehicle trade-in agreement;(12)(b)(ii) a vehicle diminished value agreement;(12)(b)(iii) a vehicle cash down payment protection agreement; and(12)(b)(iv) a vehicle depreciation benefit agreement. See Utah Code 13-64-101- Venue: The geographical location in which a case is tried.
- Vested mining use: means a mining use:
(26)(a) by a mine operator; and(26)(b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101- Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102- Winery manufacturing license: means a license issued in accordance with Chapter 11, Part 3, Winery Manufacturing License. See Utah Code 32B-1-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5