Terms Used In Utah Code > Title 70A > Chapter 9a - Uniform Commercial Code - Secured Transactions

• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Beer: means a product that:

  (i)

  contains: (A)  at least . See Utah Code 32B-1-102 Beer retailer: means a business that: (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 (b)  is licensed as: (i)  an off-premise beer retailer, in accordance with 2; or (ii)  an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC 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: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Community location: means : (a)  a public or private school; (b)  a church; (c)  a public library; (d)  a public playground; or (e)  a public park. See Utah Code 32B-1-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Container: means a receptacle that contains an alcoholic product, including: (a)  a bottle; (b)  a vessel; or (c)  a similar item. See Utah Code 32B-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. Decedent: A deceased person. 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 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 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. Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-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 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Grantor: The person who establishes a trust and places property into it. 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 26 U. See Utah Code 32B-1-102 Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. See Utah Code 32B-1-102 Hospitality guest: means an individual: (a)  (i)  who is a resident of a resort; (ii)  for whom a resident of a resort provides lodging accommodations for compensation; (iii)  for whom a hotel provides lodging accommodations for compensation; or (iv)  for whom a resort provides lodging accommodations for compensation; and (b)  who is at least 21 years of age. See Utah Code 32B-6-1002 Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002 Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by: (a)  law; or (b)  court order. See Utah Code 32B-1-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :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 License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (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. Lineal descendant: Direct descendant of the same ancestors. Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Local authority: means : (a)  for premises that are located in an unincorporated area of a county, the governing body of a county; (b)  for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or (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 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. 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 beer retailer: means a beer retailer who is: (i)  licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and (ii)  engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102 Off-premise beer retailer state license: means a state license issued in accordance with 4. 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 Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including: (a)  a customer; (b)  a member; (c)  a guest; (d)  an attendee of a banquet or event; (e)  an individual who receives room service; (f)  a resident of a resort; or (g)  a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. 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 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 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. Record: includes : (i)  a book; (ii)  a book of account; (iii)  a paper; (iv)  a contract; (v)  an agreement; (vi)  a document; or (vii)  a recording in any medium. See Utah Code 32B-1-102 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. See Utah Code 32B-1-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Testator: A male person who leaves a will at death. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. 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 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5