Terms Used In Utah Code > Title 35A > Chapter 16 - Office of Homeless Services

• Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• alien: means an individual who is illegally present in the United States. See Utah Code 76-10-2901
• 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.
• Amusement device: includes :

  (i)	a video game;

  (ii)	a driving simulator;

  (iii)

  an electronic game;

  (iv)	a claw machine;

  (v)	a bowling game;

  (vi)	a shuffleboard game;

  (vii)

  a skee-ball game;

  (viii)

  a pool table;

  (ix)	a pinball machine;

  (x)	a target machine; and

  (xi)

  a baseball machine. See Utah Code 76-10-1101 Amusement facility: means a facility that: (a)  is operated primarily for the purpose of providing amusement or entertainment to customers; (b)  is located on property that is open to customers for the purpose of providing customers with an opportunity to use an amusement device; (c)  receives a substantial amount of the facility's revenue from the operation of amusement devices; and (d)  does not provide an opportunity for, or a machine or device that enables, gambling or fringe gambling. See Utah Code 76-10-1101 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicable county: means a county of the first or second class. See Utah Code 35A-16-501 Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501 Appraisal: A determination of property value. Appropriate reward: means a reward that: (i)  an individual receives as a result of the individual's participation in or use of an amusement device; and (ii)  provides: (A)  full and adequate return for money, a token, or other consideration or value invested into the amusement device; (B)  an immediate and unrecorded ability to replay a game featured on an amusement device that is not exchangeable for value; (C)  a toy, novelty, or other non-monetary prize with a value of less than $100 as a reward for playing; or (D)  tickets or credits that are redeemable for a toy, novelty, or non-monetary prize at an amusement facility, or at any franchise or chain of the amusement facility, where the amusement device is located. See Utah Code 76-10-1101 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 Attempt to monopolize: means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. See Utah Code 76-10-3103 Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103 Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with 5. See Utah Code 35A-16-401 Bank: means an agent, agency, or office in this state of a person doing business in any one of the following capacities: (a)  a commercial bank or trust company organized under the laws of this state or of the United States; (b)  a private bank; (c)  a savings and loan association or a building and loan association organized under the laws of the United States; (d)  an insured institution as defined in Section 401 of the National Housing Act; (e)  a savings bank, industrial bank, or other thrift institution; (f)  a credit union organized under the laws of this state or of the United States; or (g)  any other organization chartered under Title 7, Financial Institutions Act, and subject to the supervisory authority set forth in that title. See Utah Code 76-10-1902 Bond: means : (a)  a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and (b)  a lease agreement, installment purchase agreement, or other agreement that: (i)  includes an obligation by the district to pay money; and (ii)  the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102 Business: means a retail business dealing in tangible personal property. See Utah Code 76-10-2401 Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501 Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701 Cemetery maintenance district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501 Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701 Code blue event: means a weather event in which the National Weather Service predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701 Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103 Community location: means the same as that term is defined in Section 10-8-41. See Utah Code 35A-16-501 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conduct: means an act or omission. See Utah Code 76-1-101.5 Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501 Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Council of governments: means the same as that term is defined in Section 72-2-117. See Utah Code 35A-16-501 Counterclaim: A claim that a defendant makes against a plaintiff. County executive: means :Utah Code 68-3-12.5 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Currency: includes United States silver certificates, United States notes, Federal Reserve notes, and foreign bank notes customarily used and accepted as a medium of exchange in a foreign country. See Utah Code 76-10-1902 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dangerous weapon: means :Utah Code 76-1-101.5 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 Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Eligible function: means : (a)  a power conferred on a special district under this title; (b)  a tax or assessment levied by a special district; (c)  an act or proceeding that a special district: (i)  has taken; or (ii)  contemplates taking; or (d)  a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201 Eligible municipality: means : (a)  a first-tier eligible municipality; (b)  a second-tier eligible municipality; or (c)  a third-tier eligible municipality. See Utah Code 35A-16-401 Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401 Eligible shelter: means : (a)  for a first-tier eligible municipality, a homeless shelter that: (i)  has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office; (ii)  operates year-round; and (iii)  is not subject to restrictions that limit the hours, days, weeks, or months of operation; (b)  for a second-tier municipality, a homeless shelter that: (i)  has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office; (ii)  operates year-round; and (iii)  is not subject to restrictions that limit the hours, days, weeks, or months of operation; and (c)  for a third-tier eligible municipality, a homeless shelter that: (i)  (A)  has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and (B)  operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or (ii)  (A)  meets the definition of a homeless shelter under Section 35A-16-501; and (B)  increases capacity during a winter response period, as defined in Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a). See Utah Code 35A-16-401 Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. See Utah Code 76-10-1602 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 committee: means the executive committee of the homelessness council described in Section 35A-16-204. See Utah Code 35A-16-102 Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 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. Fiduciary: A trustee, executor, or administrator. Financial institution: means an agent, agency, branch, or office within this state of a person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities: (a)  a bank, except bank credit card systems; (b)  a broker or dealer in securities; (c)  a currency dealer or exchanger, including a person engaged in the business of check cashing; (d)  an issuer, seller, or redeemer of travelers checks or money orders, except as a selling agent exclusively who does not sell more than $150,000 of the instruments within any 30-day period; (e)  a licensed transmitter of funds or other person engaged in the business of transmitting funds; (f)  a telegraph company; (g)  a person subject to supervision by a state or federal supervisory authority; or (h)  the United States Postal Service regarding the sale of money orders. See Utah Code 76-10-1902 Financial transaction: means a transaction: (a)  involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce; or (b)  involving the use of a financial institution that is engaged in, or its activities affect commerce in any way or degree. See Utah Code 76-10-1902 Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 First-tier eligible municipality: means a municipality that: (a)  is located within a county of the first or second class; (b)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; (c)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and (d)  is certified as a first-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-401 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. Fraud: Intentional deception resulting in injury to another. Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101 Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101 Gambling: includes a lottery. See Utah Code 76-10-1101 Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101 Gambling proceeds: means anything of value used in gambling or fringe gambling. See Utah Code 76-10-1101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grant program: means the COVID-19 Homeless Housing and Services Grant Program established in Section 35A-16-602. See Utah Code 35A-16-601 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:Utah Code 68-3-12.5 Highway: includes :Utah Code 68-3-12.5 HMIS: means an information technology system that: (a)  is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and (b)  meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b). See Utah Code 35A-16-102 Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401 Homeless shelter: means a facility that: (a)  provides temporary shelter to individuals experiencing homelessness; (b)  operates year-round; and (c)  is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501 Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701 Homelessness council: means the Utah Homelessness Council created in Section 35A-16-204. See Utah Code 35A-16-102 Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 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 Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Lottery: means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known. See Utah Code 76-10-1101 Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103 Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Monetary instruments: means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in other form so that title passes upon delivery. See Utah Code 76-10-1902 Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 35A-16-401 Municipality: means a city, town, or metro township. See Utah Code 35A-16-501 Municipality: means a city, town, or metro township. See Utah Code 35A-16-701 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Office of Homeless Services. See Utah Code 35A-16-102 Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5 online gambling: means gambling, fringe gambling, or gaming by use of: (a)  the Internet; or (b)  any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101 Oversight: Committee review of the activities of a Federal agency or program. 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. Pattern of unlawful activity: means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 76-10-1602 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Person: means :Utah Code 68-3-12.5 Person: includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities. See Utah Code 76-10-1602 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Person: means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, and all other entities cognizable as legal personalities. See Utah Code 76-10-1902 Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5 Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101 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. Proceeds: means property acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission and includes property of any kind. See Utah Code 76-10-1902 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Promotional activity that is clearly ancillary to the primary activity of a business: means a promotional activity that: (a)  continues for a limited period of time; (b)  is related to a good or service ordinarily provided by a business or the marketing or advertisement of a good or service ordinarily provided by the business; (c)  does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity; (d)  promotes a good or service described in Subsection (16)(b) on terms that are commercially reasonable; and (e)  does not, through use of a machine or device: (i)  simulate a gambling environment; (ii)  require the purchase of something of value to participate in the promotional activity that is not regularly used, purchased, or redeemed by users of the machine or device; (iii)  provide a good or service described in Subsection (16)(b): (A)  in a manner in which the person acquiring the good or service is unable to immediately acquire, redeem, or otherwise use the good or service after the time of purchase; or (B)  at a value less than the full value of the good or service; (iv)  appear or operate in a manner similar to a machine or device that is normally found in a casino for the purpose of gambling; (v)  provide an entertaining display, designed to appeal to an individual's senses, that promotes actual or simulated game play that is similar in appearance or function to gambling, including: (A)  a video playing card game, including a video poker game; (B)  a video bingo game; (C)  a video craps game; (D)  a video keno game; (E)  a video lotto game; (F)  an 8-liner machine; (G)  a Pot O' Gold game; (H)  a video game involving a random or chance matching of pictures, words, numbers, or symbols; or (I)  a video game that reveals a prize as the game is played; or (vi)  otherwise create a pretextual transaction to facilitate a contest, game, gaming scheme, or sweepstakes in an attempt to circumvent the requirements of this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: means anything of value, and includes an interest in property, including a benefit, privilege, land, or right with respect to anything of value, whether real or personal, tangible or intangible. See Utah Code 76-10-1902 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301 Public place: means a place to which the public or any substantial group of the public has access. See Utah Code 76-10-1301 Public safety services: means law enforcement, emergency medical services, or fire protection. See Utah Code 35A-16-401 Public servant: means :Utah Code 76-1-101.5 Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. Research: means studious and serious inquiry, examination, investigation, or experimentation aimed at the discovery, examination, or accumulation of facts, data, devices, theories, technologies, or applications done for any public, governmental, proprietorial, or teaching purpose. See Utah Code 76-10-2001 Research facility: means any building, or separately secured yard, pad, pond, laboratory, pasture, pen, or corral which is not open to the public, the major use of which is to conduct research, to house research subjects, to store supplies, equipment, samples, specimens, records, data, prototypes, or other property used in or generated from research. See Utah Code 76-10-2001 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 Second-tier eligible municipality: means a municipality that: (a)  is located within a county of the third, fourth, fifth, or sixth class; (b)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; (c)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and (d)  is certified as a second-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-401 Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103 Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102 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. Sexual activity: means , regardless of the gender of either participant: (a)  an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or (b)  the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101 Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Specified unlawful activity: means an unlawful activity defined as an unlawful activity in Section 76-10-1602, except an illegal act under Title 18, Section 1961(1)(B), (C), and (D), United States Code, and includes activity committed outside this state which, if committed within this state, would be unlawful activity. See Utah Code 76-10-1902 Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-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 Statute: A law passed by a legislature. Steering committee: means the Utah Homeless Network Steering Committee created in Section 35A-16-206. See Utah Code 35A-16-102 Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102 Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501 Summons: Another word for subpoena used by the criminal justice system. Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion: (a)  that an individual may enter with or without payment of any consideration; (b)  that qualifies the person to win a prize; and (c)  the result of which is based on chance. See Utah Code 76-10-1101 Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501 task force: means a task force described in Section 35A-16-501. See Utah Code 35A-16-501 Temporary winter response shelter: means a facility that: (a)  provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and (b)  does not operate year-round. See Utah Code 35A-16-501 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Third-tier eligible municipality: means a municipality that: (a)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and (b)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services. See Utah Code 35A-16-401 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 trade device: as used in this part , includes every trademark registrable with the Division of Corporations and Commercial Code. See Utah Code 76-10-1001 Trade or commerce: includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation. See Utah Code 76-10-3103 transaction: includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of a stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See Utah Code 76-10-1902 Transaction in currency: means a transaction involving the physical transfer of currency from one person to another. See Utah Code 76-10-1902 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. 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 Unlawful activity: means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony: (a)  any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized Recording Practices Act; (b)  any act prohibited by the criminal provisions of Title 19, Environmental Quality Code, Sections 19-1-101 through 19-7-109; (c)  taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources Code of Utah, or Section 23-20-4; (d)  false claims for medical benefits, kickbacks, and any other act prohibited by 11, Sections 26B-3-1101 through 26B-3-1112; (e)  any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal Offenses and Procedure Act; (f)  any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; (g)  any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act; (h)  any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform Securities Act; (i)  any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah Procurement Code; (j)  assault or aggravated assault, Sections 76-5-102 and 76-5-103; (k)  a threat of terrorism, Section 76-5-107. See Utah Code 76-10-1602 Usury: Charging an illegally high interest rate on a loan. Source: OCC Validation order: means a court order adjudicating the validity of an eligible function. See Utah Code 17B-1-1201 Validation petition: means a petition requesting a validation order. See Utah Code 17B-1-1201 Vending machine: means a device: (a)  that dispenses merchandise in exchange for money or any other item of value; (b)  that provides full and adequate return of the value deposited; (c)  through which the return of value is not conditioned on an element of chance or skill; and (d)  (i)  does not include a promotional activity; or (ii)  includes a promotional activity that is clearly ancillary to the primary activity of a business. See Utah Code 76-10-1101 Video gaming device: means a device that includes all of the following: (a)  a video display and computer mechanism for playing a game; (b)  the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player; (c)  a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining; (d)  a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits: (i)  does not significantly extend the length of play time of any single game; and (ii)  provides for a chance of greater return of credits, games, or money; and (e)  an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101 Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501 Winter response plan: means the plan described in Section 35A-16-502. See Utah Code 35A-16-501 Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102 Writing: includes :Utah Code 68-3-12.5 written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5