Terms Used In Utah Code > Title 57 > Chapter 19 - Timeshare and Camp Resort Act

• Accommodation: means :
       (1)(a) a hotel or motel room;
       (1)(b) a condominium or cooperative unit;
       (1)(c) a cabin;
       (1)(d) a lodge;
       (1)(e) an apartment; or
       (1)(f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
• Advertise: means information provided by a person in any medium:
       (3)(a) to the public; and
       (3)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
• Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
• Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
• Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
• Cannabis: means marijuana. See Utah Code 26B-4-201
• Cannabis product: means a product that:
       (8)(a) is intended for human use; and
       (8)(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
• Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
• Committee: means the Primary Care Grant Committee described in Section 26B-1-410. See Utah Code 26B-4-301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
• Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
• Designated caregiver: means :
       (16)(a) an individual:

            (16)(a)(i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and

            (16)(a)(ii) who registers with the department under Section 26B-4-214; or
       (16)(b)

            (16)(b)(i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or

            (16)(b)(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201
• Developer: means a person that:
       (10)(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or
       (10)(b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2
• Development: includes :
            (11)(b)(i) a single-site development; or
            (11)(b)(ii) a multiple-site development. See Utah Code 57-19-2
• Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
• Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
• Director: means the director of the division. See Utah Code 57-19-2
• Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
• Emergency medical dispatch center: means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the office. See Utah Code 26B-4-301
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Department of Commerce. See Utah Code 57-19-2
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Government issued photo identification: means any of the following forms of identification:
       (19)(a) a valid state-issued driver license or identification card;
       (19)(b) a valid United States federal-issued photo identification, including:

            (19)(b)(i) a United States passport;

            (19)(b)(ii) a United States passport card;

            (19)(b)(iii) a United States military identification card; or

            (19)(b)(iv) a permanent resident card or alien registration receipt card; or
       (19)(c) a foreign passport. See Utah Code 26B-4-201
• 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
• Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
• Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal dosage limit: means an amount that:
       (22)(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
       (22)(b) may not exceed:

            (22)(b)(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and

            (22)(b)(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited medical provider: means an individual who:
       (24)(a) meets the recommending qualifications; and
       (24)(b) has no more than 15 patients with a valid medical cannabis patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
• Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
• Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. See Utah Code 26B-4-201
• Medical cannabis cardholder: means :
       (28)(a) a holder of a medical cannabis card; or
       (28)(b) a facility or assigned employee, described in Subsection (16)(b), only:

            (28)(b)(i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and

            (28)(b)(ii) while in possession of documentation that establishes:

                 (28)(b)(ii)(A) a caregiver designation described in Subsection 26B-4-214(1)(b);

                 (28)(b)(ii)(B) the identity of the individual presenting the documentation; and

                 (28)(b)(ii)(C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201
• Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (29)(a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
       (29)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
• Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
• Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (32)(a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
       (32)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (33)(a) the department issues to an individual with a qualifying condition; and
       (33)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis pharmacy: means a person that:
       (34)(a)

            (34)(a)(i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or

            (34)(a)(ii) possesses medical cannabis or a medical cannabis device; and
       (34)(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
• Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
• Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
• Medically underserved population: means the population of an urban or rural area or a population group that the committee determines has a shortage of primary health care. See Utah Code 26B-4-301
• Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
            (39)(b)(i) the medical cannabis cardholder has recently removed from the container described in Subsection (39)(a)(ii) for use; and
            (39)(b)(ii) does not exceed the quantity described in Subsection (39)(a)(ii). See Utah Code 26B-4-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonresident patient: means an individual who:
       (40)(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
       (40)(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
       (40)(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. See Utah Code 26B-4-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
• Office: means the Office of Emergency Medical Services and Preparedness within the department. See Utah Code 26B-4-301
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Primary care grant: means a grant awarded by the department under Subsection 26B-4-310(1). See Utah Code 26B-4-301
• Primary health care: includes :
            (11)(b)(i) services of physicians, nurses, physician's assistants, and dentists licensed to practice in this state under Title 58, Occupations and Professions;
            (11)(b)(ii) diagnostic and radiologic services;
            (11)(b)(iii) preventive health services including perinatal services, well-child services, and other services that seek to prevent disease or its consequences;
            (11)(b)(iv) emergency medical services;
            (11)(b)(v) preventive dental services; and
            (11)(b)(vi) pharmaceutical services. See Utah Code 26B-4-301
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2
• Provisional patient card: means a card that:
       (42)(a) the department issues to a minor with a qualifying condition for whom:

            (42)(a)(i) a recommending medical provider has recommended a medical cannabis treatment; and

            (42)(a)(ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
       (42)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
• Qualified medical provider: means an individual:
       (43)(a) who meets the recommending qualifications; and
       (43)(b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
• Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
• recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
       (46)(a) certifies the patient's eligibility for a medical cannabis card; and
       (46)(b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
• Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
• Registration: means :
       (20)(a) for a development, an approved application for registration described in Section 57-19-5; or
       (20)(b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
• renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2
• Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
• sell: means selling an interest in a development for value. See Utah Code 57-19-2
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2
• 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 central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
• State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2
• Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2
• Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5