Terms Used In Utah Code > Title 72 > Chapter 17 - Rail Safety

• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• 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
• Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Commuter rail: means the same as that term is defined in Section 63N-3-602. See Utah Code 72-17-102 v2
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Designated conveyance area: means a route within a hotel or resort:
       (2)(a) that connects one or more of the following:

            (2)(a)(i) the premises of a bar establishment sublicensee;

            (2)(a)(ii) the premises of a hospitality amenity sublicensee;

            (2)(a)(iii) the premises of an on-premise banquet sublicensee; or

            (2)(a)(iv) a guest's room; and
       (2)(b) that does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8-102
• Dwelling: means a portion of a resort building:
       (3)(a) owned by one or more individuals;
       (3)(b) that is used or designated for use as a residence by one or more persons; and
       (3)(c) that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence. See Utah Code 32B-8-102
• Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
• Federal Railroad Administration: means the Federal Railroad Administration created in Utah Code 72-17-102 v2
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
• Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). 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 authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102
• Highway-railroad grade crossing: means :
       (1)(a) an intersection where a railroad track crosses a highway at the same level; or
       (1)(b) an intersection where the railroad track of a railroad entity crosses the railroad track of another railroad entity at the same level. See Utah Code 72-17-201
• Hotel: includes a commercial lodging establishment that:
            (53)(b)(i) meets the requirements under Subsection (53)(a); and
            (53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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
• 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
• 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
• Office: means the Office of Rail Safety created in accordance with Section 72-17-101. See Utah Code 72-17-102 v2
• 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
• 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
• Public Service Commission: means the Public Service Commission of Utah created in Section 54-1-1. See Utah Code 72-17-201
• Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• Railroad: means the same as that term is defined in Utah Code 72-17-102
• Railroad: means the same as that term is defined in Utah Code 72-17-102 v2
• Railroad entity: means an entity, a company, a person, or a public transit provider that owns, controls, operates, or manages a railroad. See Utah Code 72-17-201
• Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
• Resort: means a location:
       (6)(a) on which is located one resort building; and
       (6)(b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
• Resort building: means a building:
       (7)(a) that is primarily operated to provide dwellings or lodging accommodations;
       (7)(b) that has at least 150 units that consist of a dwelling or lodging accommodations;
       (7)(c) that consists of at least 400,000 square feet:

            (7)(c)(i) including only the building itself; and

            (7)(c)(ii) not including areas such as above ground surface parking; and
       (7)(d) of which at least 50% of the units described in Subsection (7)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
• Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
• 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
• 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
• Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
• Sublicense: means :
       (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:

            (133)(a)(i) a full-service restaurant license;

            (133)(a)(ii) a limited-service restaurant license;

            (133)(a)(iii) a bar establishment license;

            (133)(a)(iv) an on-premise banquet license;

            (133)(a)(v) an on-premise beer retailer license;

            (133)(a)(vi) a beer-only restaurant license; or

            (133)(a)(vii) a hospitality amenity license; or
       (133)(b) a spa sublicense. See Utah Code 32B-1-102