Terms Used In Utah Code > Title 32B > Chapter 6 - Specific Retail License Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advanced air mobility system: includes each component of a system described in Subsection (2)(a), including:
            (2)(b)(i) the aircraft, including payload;
            (2)(b)(ii) communications equipment;
            (2)(b)(iii) navigation equipment;
            (2)(b)(iv) controllers;
            (2)(b)(v) support equipment; and
            (2)(b)(vi) remote and autonomous functions. See Utah Code 72-10-102
• 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.
• Aeronautics: means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or other air navigation facilities. See Utah Code 72-10-102
• Air instruction: means the imparting of aeronautical information by any aviation instructor or in any air school or flying club. See Utah Code 72-10-102
• Air school: means any person engaged in giving, offering to give, or advertising, representing, or holding himself out as giving, with or without compensation or other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects. See Utah Code 72-10-102
• Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
• Airport: means any area of land, water, or both, that:
       (8)(a) is used or is made available for landing and takeoff;
       (8)(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;
       (8)(c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and
       (8)(d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
• Airport: means any area of land or water which is used, or intended for use for the landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for aircraft buildings or other airport facilities or rights of way, together with all airport buildings and facilities located on them. See Utah Code 72-10-301
• Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
• Airport authority: means a political subdivision of the state, other than a county or municipality, that is authorized by statute to operate an airport. See Utah Code 72-10-102
• Airport hazard: means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport. See Utah Code 72-10-401
• Airport influence area: means land located within 5,000 feet of an airport runway. See Utah Code 72-10-401
• 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
• Airport operator: means a municipality, county, or airport authority that owns or operates a commercial airport. See Utah Code 72-10-102
• Airport overlay zone: means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:
       (4)(a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;
       (4)(b) may extend beyond the airport influence area;
       (4)(c) ensures airport utility as a public asset;
       (4)(d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and
       (4)(e) protects aircraft occupant safety through protection of navigable airspace. See Utah Code 72-10-401
• Airport revenue: means :
            (11)(a)(i) all fees, charges, rents, or other payments received by or accruing to an airport operator for any of the following reasons:

                 (11)(a)(i)(A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport permittees making use of airport property and services, and other parties;

                 (11)(a)(i)(B) revenue received from the activities of others or the transfer of rights to others relating to the airport, including revenue received:

                      (11)(a)(i)(B)(I) for the right to conduct an activity on the airport or to use or occupy airport property;

                      (11)(a)(i)(B)(II) for the sale, transfer, or disposition of airport real or personal property, or any interest in that property, including transfer through a condemnation proceeding;

                      (11)(a)(i)(B)(III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural products or water owned by the airport operator to be taken from the airport; and

                      (11)(a)(i)(B)(IV) for the right to conduct an activity on, or for the use or disposition of, real or personal property or any interest in real or personal property owned or controlled by the airport operator and used for an airport-related purpose but not located on the airport; or

                 (11)(a)(i)(C) revenue received from activities conducted by the airport operator whether on or off the airport, which is directly connected to the airport operator's ownership or operation of the airport; and
            (11)(a)(ii) state and local taxes on aviation fuel. See Utah Code 72-10-102
• Airworthiness: means conformity with requirements prescribed by the Federal Aviation Administration regarding the structure or functioning of aircraft, engine, parts, or accessories. See Utah Code 72-10-102
• 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
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arena: means an enclosed building:
       (6)(a) that is managed by:

            (6)(a)(i) the same person who owns the enclosed building;

            (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or

            (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
       (6)(b) that operates as a venue; and
       (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
• Armed forces: means the same as that term is defined in Section Utah Code 71A-1-101
• Arrest: Taking physical custody of a person by lawful authority.
• Automobile graveyard: means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See Utah Code 72-7-202
• Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:
       (5)(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and
       (5)(b) to prohibit or remove any obstruction to such overflight. See Utah Code 72-10-401
• Banquet: means an event:
       (8)(a) that is a private event or a privately sponsored event;
       (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:

            (8)(b)(i) a hotel;

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

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

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

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

            (8)(b)(vi) an arena; or

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

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

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

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• 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
• Boundary of a hotel: means the physical boundary of one or more contiguous parcels of real property owned or managed by the same person and on which a hotel is located. See Utah Code 32B-6-1002
• Boundary of a resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-6-1002
• 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
• Circulator alley: means a publicly owned passageway:
       (1)(a) with a right-of-way width of 20 feet or greater;
       (1)(b) located within a master planned community;
       (1)(c) established by the city having jurisdictional authority as part of the street network for traffic circulation that may also be used for:

            (1)(c)(i) garbage collection;

            (1)(c)(ii) access to residential garages; or

            (1)(c)(iii) access rear entrances to a commercial establishment; and
       (1)(d) constructed with a bituminous or concrete pavement surface. See Utah Code 72-1-102
• City: means a municipality of the first class, as defined under Section 10-2-301, that:
       (1)(a) is authorized by statute to operate an airport; and
       (1)(b) operates an airport with greater than 10 million annual passengers. See Utah Code 72-10-601
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Civil aircraft: means any aircraft other than a public aircraft. See Utah Code 72-10-102
• Clearly visible: means capable of being read without obstruction by an occupant of a vehicle traveling on the main traveled way of a street or highway within the visibility area. See Utah Code 72-7-502
• Commercial airport: means a landing area, landing strip, or airport that may be used for commercial operations. See Utah Code 72-10-102
• Commercial operations: means :
       (18)(a) any operations of an aircraft for compensation or hire or any services performed incidental to the operation of any aircraft for which a fee is charged or compensation is received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of aircraft, the operation of flight or ground schools, the operation of aircraft for the application or distribution of chemicals or other substances, and the operation of aircraft for hunting and fishing; or
       (18)(b) the brokering or selling of any of these services; but
       (18)(c) does not include any operations of aircraft as common carriers certificated by the federal government or the services incidental to those operations. See Utah Code 72-10-102
• Commercial or industrial activities: means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following are commercial or industrial activities:
       (2)(a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;
       (2)(b) transient or temporary activities;
       (2)(c) activities not visible from the main-traveled way;
       (2)(d) activities conducted in a building principally used as a residence; and
       (2)(e) railroad tracks and minor sidings. See Utah Code 72-7-502
• Commercial or industrial zone: means only:
            (3)(a)(i) those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;
            (3)(a)(ii) those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;
            (3)(a)(iii) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that:

                 (3)(a)(iii)(A) are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and

                 (3)(a)(iii)(B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; or
            (3)(a)(iv) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes. See Utah Code 72-7-502
• Commercial vehicle: includes :
            (1)(a)(i) an interstate commercial vehicle;
            (1)(a)(ii) an intrastate commercial vehicle; and
            (1)(a)(iii) a tow truck. See Utah Code 72-9-102
• 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
• Committee: means the Utah State Scenic Byway Committee created in Section 72-4-302. See Utah Code 72-4-301
• 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.
• Comprehensive local zoning ordinances or regulations: means a municipality's comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and 17-27a-501. See Utah Code 72-7-502
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• 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
• Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
• Construction: includes :
            (2)(b)(i) removing vegetation;
            (2)(b)(ii) moving obstructions, including rocks, boulders, and outcroppings;
            (2)(b)(iii) filling low spots;
            (2)(b)(iv) maintenance over several years;
            (2)(b)(v) creation of an identifiable route by use over time; and
            (2)(b)(vi) other similar activities. See Utah Code 72-5-301
• 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
• Contiguous: means that a portion of one parcel of land is situated immediately adjacent to, and shares a common boundary with, a portion of another parcel of land. See Utah Code 72-7-502
• Continuance: Putting off of a hearing ot trial until a later time.
• Controlled route: means any route where outdoor advertising control is mandated by state or federal law, including under this part and under the Utah-Federal Agreements described in Section 72-7-501. See Utah Code 72-7-502
• 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.
• 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.
• Correctional facility: means the same as that term is defined in Section 77-16b-102. See Utah Code 72-10-102
• Corridor: means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it. See Utah Code 72-5-401
• Corridor management plan: means a written document:
       (2)(a) required to be submitted for a highway to be nominated as a National Scenic Byway or All-American Road that specifies the actions, procedures, controls, operational practices, and administrative strategies to maintain the scenic, historic, recreational, cultural, archeological, and natural qualities of a scenic byway; and
       (2)(b) adopted by each municipality or county affected by the corridor management plan. See Utah Code 72-4-301
• Corridor preservation: means planning or acquisition processes intended to:
       (2)(a) protect or enhance the capacity of existing corridors; and
       (2)(b) protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction. See Utah Code 72-5-401
• 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 Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• 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
• Cut-off date: means the earlier of the date the underlying land was reserved for public use or October 21, 1976. See Utah Code 72-5-301
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 Veterans and Military Affairs. See Utah Code 71A-1-101
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Dependent: A person dependent for support upon another.
• Development: means :
       (3)(a) the subdividing of land;
       (3)(b) the construction of improvements, expansions, or additions; or
       (3)(c) any other action that will appreciably increase the value of and the future acquisition cost of land. See Utah Code 72-5-401
• Devise: To gift property by will.
• Dining area: means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-202
• 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 area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
• 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
• Directional signs: means signs containing information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the interest of the traveling public. See Utah Code 72-7-502
• 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 area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
                 (1)(b)(i)(A) 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 beer;
                 (1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
                 (1)(b)(i)(C) 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 at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902
• 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
• Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 72-10-601
• 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
• 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
• Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being. See Utah Code 72-7-502
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• 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
• Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
• Experimental aircraft: means :
       (21)(a) any aircraft designated by the Federal Aviation Administration or the military as experimental and used solely for the purpose of experiments, or tests regarding the structure or functioning of aircraft, engines, or their accessories; and
       (21)(b) any aircraft designated by the Federal Aviation Administration as:

            (21)(b)(i) being custom or amateur built; and

            (21)(b)(ii) used for recreational, educational, or display purposes. See Utah Code 72-10-102
• 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.
• Federal aid primary highway: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 72-1-102
• Fixed guideway capital development: includes :
            (9)(b)(i) a project to strategically double track commuter rail lines; and
            (9)(b)(ii) a project to develop and construct public transit facilities and related infrastructure pertaining to the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 72-1-102
• Flavored malt beverage: means a beverage:
            (44)(a)(i) that contains at least . See Utah Code 32B-1-102
• Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
• Flying club: means five or more persons who for neither profit nor reward own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both. See Utah Code 72-10-102
• Forbearance: A means of handling a delinquent loan. A
• 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
• 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
• Fund: means the State Infrastructure Bank Fund created under Section 72-2-202. See Utah Code 72-2-201
• Fund: means the County of the First Class Infrastructure Bank Fund created under Section 72-2-402. See Utah Code 72-2-301
• 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.
• Glider: means an aircraft heavier than air, similar to an airplane, but without a power plant. See Utah Code 72-10-102
• Grant: means a public transit innovation grant. See Utah Code 72-2-401
• Grantor: The person who establishes a trust and places property into it.
• Greenfield: means the same as that term is defined in Section 17C-1-102. See Utah Code 72-1-102
• Ground transportation service: means transporting passengers for hire or as a courtesy in connection with a business over public streets pursuant to a license with the city. See Utah Code 72-10-601
• Ground transportation service provider: includes :
            (4)(b)(i) a taxicab driver;
            (4)(b)(ii) a limousine or luxury car driver;
            (4)(b)(iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section 17B-2a-802;
            (4)(b)(iv) a courtesy vehicle or hotel vehicle driver;
            (4)(b)(v) a special transportation vehicle driver who transports persons with a disability; and
            (4)(b)(vi) a van driver. See Utah Code 72-10-601
• 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
• 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 :
            (4)(b)(i) pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance; and
            (4)(b)(ii) irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water transmission and their attendant access for maintenance. See Utah Code 72-5-301
• Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102
• Highway service zone: means a highway service area where the primary use of the land is used or reserved for commercial and roadside services other than outdoor advertising to serve the traveling public. See Utah Code 72-7-502
• Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. See Utah Code 32B-1-102
• Hospitality guest: means an individual:
       (1)(a)

            (1)(a)(i) who is a resident of a resort;

            (1)(a)(ii) for whom a resident of a resort provides lodging accommodations for compensation;

            (1)(a)(iii) for whom a hotel provides lodging accommodations for compensation; or

            (1)(a)(iv) for whom a resort provides lodging accommodations for compensation; and
       (1)(b) who is at least 21 years of age. See Utah Code 32B-6-1002
• Hotel: includes a commercial lodging establishment that:
            (53)(b)(i) meets the requirements under Subsection (53)(a); and
            (53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
• Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002
• Housing and transit reinvestment zone: means the same as that term is defined in Section 63N-3-602. See Utah Code 72-1-102
• Implement of husbandry: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102
• Infrastructure assistance: means any use of fund money, except an infrastructure loan, to provide financial assistance for transportation projects or publicly owned infrastructure projects, including:
       (2)(a) capital reserves and other security for bond or debt instrument financing; or
       (2)(b) any letters of credit, lines of credit, bond insurance, or loan guarantees obtained by a public entity to finance transportation projects. See Utah Code 72-2-201
• Infrastructure assistance: means any use of fund money, except an infrastructure loan, to provide financial assistance for transportation projects or publicly owned infrastructure projects, including:
       (2)(a) capital reserves and other security for bond or debt instrument financing; or
       (2)(b) any letters of credit, lines of credit, bond insurance, or loan guarantees obtained by a public entity to finance transportation projects. See Utah Code 72-2-301
• Infrastructure loan: means a loan of fund money to finance a transportation project or publicly owned infrastructure project. See Utah Code 72-2-201
• Infrastructure loan: means a loan of fund money to finance a transportation project or publicly owned infrastructure project. See Utah Code 72-2-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interchange or intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes, or feeder systems, from or to another federal, state, county, city, or other route. See Utah Code 72-7-502
• 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
• Interstate system: means any highway officially designated by the department and included as part of the national interstate and defense highways, as provided in the Federal Aid Highway Act of 1956 and any supplemental acts or amendments. See Utah Code 72-1-102
• Intrastate commercial vehicle: means a motor vehicle, vehicle, trailer, or semitrailer used or maintained for business, compensation, or profit to transport passengers or property on a highway only within the boundaries of this state if the commercial vehicle:
       (3)(a)

            (3)(a)(i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross combination weight rating or gross combination weight of 26,001 or more pounds, whichever is greater, and is operated by an individual who is 18 years old or older; or

            (3)(a)(ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating of 16,001 or more pounds and is operated by an individual who is under 18 years old;
       (3)(b)

            (3)(b)(i) is designed to transport more than 15 passengers, including the driver; or

            (3)(b)(ii) is designed to transport more than 12 passengers, including the driver, and has a manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or more pounds; or
       (3)(c) is used in the transportation of hazardous materials and is required to be placarded in accordance with Utah Code 72-9-102
• Investigator: means an individual who is:
       (61)(a) a department compliance officer; or
       (61)(b) a nondepartment enforcement officer. See Utah Code 32B-1-102
• Junk: means old or scrap copper, brass, rope, rags, batteries, plastic, paper, trash, rubber, waste, junked, dismantled, or wrecked automobiles or their parts, and iron, steel, and other old or scrap ferrous or nonferrous material. See Utah Code 72-7-202
• Junkyard: means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See Utah Code 72-7-202
• 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
• Land use regulation: means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 72-10-401
• Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• Law enforcement agency: means the same as that term is defined in Section 53-3-102. See Utah Code 72-10-801
• Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 72-10-801
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legacy: A gift of property made by will.
• 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.
• Limited-access facility: means a highway especially designated for through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 72-1-102
• 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
• Main-traveled way: means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. See Utah Code 72-7-502
• Maintain: means to allow to exist, subject to the provisions of this chapter. See Utah Code 72-7-502
• Maintenance: means any physical act of upkeep of a highway or repair of wear or damage whether from natural or other causes, including the following:
       (5)(a) vertical and horizontal alignment alterations to meet applicable safety standards;
       (5)(b) widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards;
       (5)(c) grooming and grading of the previously constructed road surface;
       (5)(d) establishing and maintaining the road crown with materials gathered along the road;
       (5)(e) filling ruts;
       (5)(f) spot filling with the same materials of the road, or improved materials;
       (5)(g) leveling or smoothing washboards;
       (5)(h) clearing the roadway of obstructing debris;
       (5)(i) cleaning culverts, including head basins and outlets;
       (5)(j) resurfacing with the same or improved materials;
       (5)(k) installing, maintaining, repairing and replacing rip rap;
       (5)(l) maintaining drainage;
       (5)(m) maintaining and repairing washes and gullies;
       (5)(n) installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion;
       (5)(o) repairing washouts;
       (5)(p) installing, maintaining, repairing and replacing marker posts;
       (5)(q) installing, maintaining, and repairing water crossings;
       (5)(r) installing, maintaining, and repairing and replacing cattle guards;
       (5)(s) installing, maintaining, and repairing and replacing road signs;
       (5)(t) installing, maintaining, and repairing and replacing road striping;
       (5)(u) repair, stabilization and improvement of cut and fill slopes;
       (5)(v) application of seal coats; or
       (5)(w) snow removal. See Utah Code 72-5-301
• Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God. See Utah Code 72-7-502
• Man: means an adult human male. See Utah Code 68-3-12.5
• Master planned community: means a land use development:
       (18)(a) designated by the city as a master planned community; and
       (18)(b) comprised of a single development agreement for a development larger than 500 acres. See Utah Code 72-1-102
• Mechanic: means a person who constructs, repairs, adjusts, inspects, or overhauls aircraft, engines, or accessories. See Utah Code 72-10-102
• 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
• Minibar: means an area of a hotel guest room where one or more alcoholic products are kept and offered for self-service sale or consumption. See Utah Code 32B-1-102
• Minor: means an individual under 21 years old. See Utah Code 32B-1-102
• Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
• Municipality: means any county, city, town, or political subdivision of this state. See Utah Code 72-10-301
• National highway systems highways: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102
• Navigable airspace: means the same as that term is defined in Utah Code 72-10-102 v2
• Non-scenic area: means :
       (3)(a) any property that is unzoned or zoned for commercial or industrial use adjoining a highway that does not contain at least one of the intrinsic qualities described in Subsection 72-4-303(1)(b) immediately upon the property; or
       (3)(b) any property that is unzoned or zoned for commercial or industrial use that contains an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but the intrinsic quality does not represent the primary use of the property. See Utah Code 72-4-301
• 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.
• Off-premise sign: means a sign located in an area zoned industrial, commercial, or H-1 and in an area determined by the department to be unzoned industrial or commercial that advertises an activity, service, event, person, or product located on premises other than the premises on which the sign is located. See Utah Code 72-7-502
• offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
• Official map: means a map, drawn by government authorities and recorded in county recording offices that:
       (4)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
       (4)(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
       (4)(c) for counties and municipalities may be adopted as an element of the general plan, pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part 4, General Plan. See Utah Code 72-5-401
• Official signs and notices: means signs and notices erected and maintained by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties or responsibilities in accordance with direction or authorization contained in federal, state, or local law. See Utah Code 72-7-502
• 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
• On-premise sign: means a sign used to advertise the sale or lease of, or activities conducted on, the property on which the sign is located. See Utah Code 72-7-502
• Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502
• Outdoor advertising corridor: means a strip of land 660 feet wide, measured perpendicular from the edge of a controlled highway right-of-way. See Utah Code 72-7-502
• outdoor structure: means any sign structure, including any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor sign. See Utah Code 72-7-502
• Oversight: Committee review of the activities of a Federal agency or program.
• Package agency: means a retail liquor location operated:
       (85)(a) under an agreement with the department; and
       (85)(b) by a person:

            (85)(b)(i) other than the state; and

            (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
• 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
• 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 any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
• Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representation thereof. See Utah Code 72-10-301
• 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
• Pilot: means any person who operates the controls of an aircraft while in-flight. See Utah Code 72-10-102
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Point of widening: means the point of the gore or the point where the intersecting lane begins to parallel the other lanes of traffic, but the point of widening may never be greater than 2,640 feet from the center line of the intersecting highway of the interchange or intersection at grade. See Utah Code 72-7-502
• Political subdivision: means any municipality, city, town, or county. See Utah Code 72-10-401
• Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102
• Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. See Utah Code 72-1-102
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property owner: means the owner or lessee of real property. See Utah Code 72-9-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means the United States government or any of its agencies, a state or its agencies, a municipality or other political subdivision, or a tax-supported organization. See Utah Code 72-10-301
• Public aircraft: means an aircraft used exclusively in the service of any government or of any political subdivision, including the government of the United States, of the District of Columbia, and of any state, territory, or insular possession of the United States, but not including any government-owned aircraft engaged in carrying persons or goods for commercial purposes. See Utah Code 72-10-102
• Public assembly facility: means a convention facility as defined under Section 59-12-602 that:
       (23)(a) includes all contiguous interests in land, improvements, and utilities acquired, constructed, and used in connection with the operation of the public assembly facility, whether the interests are owned or held in fee title or a lease or easement for a term of at least 40 years, and regardless of whether the interests are owned or operated by separate governmental authorities or districts;
       (23)(b) is wholly or partially funded by public money;
       (23)(c) requires a person attending an event at the public assembly facility to purchase a ticket or that otherwise charges for the use of the public assembly facility as part of its regular operation; and
       (23)(d) has a minimum and permanent seating capacity of at least 10,000 people. See Utah Code 72-7-502
• Public entity: means a state agency, county, municipality, special district, special service district, an intergovernmental entity organized under state law, or the military installation development authority created in Section 63H-1-201. See Utah Code 72-2-201
• Public entity: means a county of the first class or any of the following located within a county of the first class:
       (4)(a) a municipality;
       (4)(b) a special district;
       (4)(c) a special service district; or
       (4)(d) an intergovernmental entity organized under state law. See Utah Code 72-2-301
• Public lands not reserved for public uses: means the surface of federal lands open to entry and location and includes the surface of lands that are subject to subsurface coal withdrawals or mining claims. See Utah Code 72-5-301
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public officer: means the same as that term is defined in Section 67-16-3. See Utah Code 71A-8-101
• Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• Public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-2-401
• Public transit facility: means a fixed guideway, transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:
       (25)(a) leased by or operated by or on behalf of a public transit district; and
       (25)(b) related to the public transit services provided by the district, including:

            (25)(b)(i) railway or other right-of-way;

            (25)(b)(ii) railway line; and

            (25)(b)(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 72-1-102
• Public transit innovation grant: includes a grant to provide:
            (5)(b)(i) pilot bus routes and services in high growth areas;
            (5)(b)(ii) pilot shuttle connections between fixed guideway stations and job centers, recreation and cultural facilities and attractions, or schools; and
            (5)(b)(iii) other pilot programs similar to those described in Subsections (5)(b)(i) and (ii) as coordinated between the public transit district and political subdivisions within the public transit district. See Utah Code 72-2-401
• Publicly owned infrastructure project: means a project to improve sewer or water infrastructure that is owned by a public entity. See Utah Code 72-2-201
• Publicly owned infrastructure project: means a project to improve sewer or water infrastructure that is owned by a public entity. See Utah Code 72-2-301
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Reception center: means a business that:
       (101)(a) operates facilities that are at least 5,000 square feet; and
       (101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
• Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License. See Utah Code 32B-1-102
• Record: 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
• Registration number: means the number assigned by the Federal Aviation Administration to any aircraft, whether or not the number includes a letter or letters. See Utah Code 72-10-102
• Relocation: includes the removal of a sign from one situs together with the erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute. See Utah Code 72-7-502
• 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.
• Remodel: means the upgrading, changing, alteration, refurbishment, modification, or complete substitution of a new outdoor advertising structure for one permitted pursuant to this part and that is located in a commercial or industrial area. See Utah Code 72-7-502
• 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
• Responsible authority: means a private party, the state of Utah, or a political subdivision of the state claiming rights to a highway right-of-way, easement, or right of entry across state lands. See Utah Code 72-5-202
• Rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public. See Utah Code 72-7-502
• 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-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
• 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
• Roadable aircraft: means an aircraft capable of taking off and landing from a suitable airfield and is also designed to be driven on a highway as a conveyance. See Utah Code 72-10-102 v2
• 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
• Segmentation: means :
       (4)(a) removing the scenic byway designation from a portion of an existing scenic byway that adjoins a non-scenic area; or
       (4)(b) excluding a portion of a highway from a scenic byway designation where the highway adjoins a non-scenic area. See Utah Code 72-4-301
• Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
• Service member: means a currently serving member of the armed forces. See Utah Code 71A-1-101
• Small beer-only restaurant licensee: means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
            (1)(c)(i) when measured in accordance with Subsection (1)(b)(i)(B); and
            (1)(c)(ii) based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-902
• 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
• 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 highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
• State impound yard: means the same as that term is defined in Section 41-1a-102. See Utah Code 72-9-102
• State lands: means sovereign and trust lands, as well as all other lands held by or on behalf of the departments, divisions, or institutions of the state. See Utah Code 72-5-202
• state park access highways: means the highways specified under this part. See Utah Code 72-3-201
• State transportation purposes: has the meaning set forth in Section 72-5-102. See Utah Code 72-1-102
• state transportation purposes: includes :
  (1) highway, public transit facility, and transportation rights-of-way, including those necessary within cities and towns;
  (2) the construction, reconstruction, relocation, improvement, maintenance, and mitigation from the effects of these activities on state highways and other transportation facilities, including parking facilities, under the control of the department;
  (3) limited access facilities, including rights of access, air, light, and view and frontage and service roads to highways;
  (4) adequate drainage in connection with any highway, cut, fill, or channel change and the maintenance of any highway, cut, fill, or channel change;
  (5) weighing stations, shops, offices, storage buildings and yards, and road maintenance or construction sites;
  (6) road material sites, sites for the manufacture of road materials, and access roads to the sites;
  (7) the maintenance of an unobstructed view of any portion of a highway to promote the safety of the traveling public;
  (8) the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers, and obstructions for the convenience of the traveling public;
  (9) the construction and maintenance of storm sewers, sidewalks, and highway illumination;
  (10) the construction and maintenance of livestock highways;
  (11) the construction and maintenance of roadside rest areas adjacent to or near any highway; and
  (12) the mitigation of impacts from transportation projects. See Utah Code 72-5-102
• State transportation systems: means all streets, alleys, roads, highways, pathways, and thoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of conveyance used by the public. See Utah Code 72-1-102
• statewide public safety interest highway: means a designated state highway that serves a compelling statewide public safety interest. See Utah Code 72-3-301
• 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
• Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See Utah Code 72-10-401
• Subpoena: A command to a witness to appear and give testimony.
• Target: means a person upon whom, or an object, structure, or area upon which, another person:
       (4)(a) has intentionally collected or attempted to collect information through the operation of an unmanned aircraft system; or
       (4)(b) intends to collect or to attempt to collect information through the operation of an unmanned aircraft system. See Utah Code 72-10-801
• 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
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tollway development agreement: means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them. See Utah Code 72-6-202
• 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
• Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
• Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102
• Tow truck operator: means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier. See Utah Code 72-9-102
• Tow truck service: means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck. See Utah Code 72-9-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trailer: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102
• 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
• Transportation: means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier. See Utah Code 72-9-102
• Transportation project: includes the costs of acquisition, construction, reconstruction, rehabilitation, equipping, and fixturing. See Utah Code 72-2-301
• Transportation reinvestment zone: means a transportation reinvestment zone created pursuant to Section 11-13-227. See Utah Code 72-1-102
• Traveled way: means that portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See Utah Code 72-7-502
• Tree: means any object of natural growth. See Utah Code 72-10-401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck tractor: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102
• Trustee: A person or institution holding and administering property in trust.
• UDOT: means the Utah Department of Transportation. See Utah Code 72-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unmanned aircraft: means an aircraft that is:
       (37)(a) capable of sustaining flight; and
       (37)(b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102
• Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:
       (38)(a) the unmanned aircraft, including payload;
       (38)(b) communications equipment;
       (38)(c) navigation equipment;
       (38)(d) controllers;
       (38)(e) support equipment; and
       (38)(f) autopilot functionality. See Utah Code 72-10-102
• Unzoned commercial or industrial area: means :
            (31)(a)(i) those areas not zoned by state law or local law, regulation, or ordinance that are occupied by one or more industrial or commercial activities other than outdoor advertising signs;
            (31)(a)(ii) the lands along the highway for a distance of 600 feet immediately adjacent to those activities; and
            (31)(a)(iii) lands covering the same dimensions that are directly opposite those activities on the other side of the highway, if the department determines that those lands on the opposite side of the highway do not have scenic or aesthetic value. See Utah Code 72-7-502
• Urbanized county: means a county with a population of at least 125,000 persons. See Utah Code 72-7-502
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• Vertiport: means an area of land, or a structure, used or intended to be used for electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated buildings and facilities. See Utah Code 72-10-102
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Veteran: means the same as that term is defined in Section Utah Code 71A-1-101
• Visibility area: means the area on a street or highway that is:
       (33)(a) defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
       (33)(b) defined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is:

            (33)(b)(i) perpendicular to the street or highway; and

            (33)(b)(ii) 500 feet from the base of the billboard. See Utah Code 72-7-502
• Waiting area: includes a lobby. See Utah Code 32B-6-202
• Waiting area: includes a lobby. See Utah Code 32B-6-302
• Waiting area: includes a lobby. See Utah Code 32B-6-902
• weapon: means :
  (1) a firearm as that term is defined in Section 76-10-501; or
  (2) an object that in the manner of the object's use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors:

       (2)(a) the location and circumstances in which the object is used or possessed;

       (2)(b) the primary purpose for which the object is made;

       (2)(c) the character of the damage, if any, the object is likely to cause;

       (2)(d) the manner in which the object is used;

       (2)(e) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

       (2)(f) the lawful purposes for which the object may be used. See Utah Code 72-10-901
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Wine: includes :
            (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102