Terms Used In Utah Code > Title 11 > Chapter 42a - Commercial Property Assessed Clean Energy Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• Agricultural use: means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. See Utah Code 15A-1-202
• Airport lounge: means a business location:

  (a)	at which an alcoholic product is sold at retail for consumption on the premises; and

  (b)

  that is located at an international airport or domestic airport. See Utah Code 32B-1-102 Alcoholic beverage: means the following: (a)  beer; or (b)  liquor. 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. 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 Approved code: means a code, including the standards and specifications contained in the code, approved by the division under Section 15A-1-204 for use by a compliance agency. See Utah Code 15A-1-202 Arena: means an enclosed building: (a)  that is managed by: (i)  the same person who owns the enclosed building; (ii)  a person who has a majority interest in each person who owns or manages a space in the enclosed building; or (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; (b)  that operates as a venue; and (c)  that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102 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. Automatic renewal provision: means a provision under which a service contract is renewed for one or more specified periods if: (a)  the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract; and (b)  the renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. See Utah Code 15-10-102 Banquet: means an event: (a)  that is a private event or a privately sponsored event; (b)  that is held at one or more designated locations approved by the commission in or on the premises of: (i)  a hotel; (ii)  a resort facility; (iii)  a sports center; (iv)  a convention center; (v)  a performing arts facility; (vi)  an arena; or (vii)  a restaurant venue; (c)  for which there is a contract: (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 (ii)  under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and (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 : (i)  a dining club license; (ii)  an equity license; (iii)  a fraternal license; or (iv)  a bar license. See Utah Code 32B-1-102 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 Beer wholesaling license: means a license: (a)  issued in accordance with Chapter 13, Beer Wholesaling License Act; and (b)  to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102 Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 9. See Utah Code 32B-1-102 Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102 Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3 Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202 Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental purchase agreement. See Utah Code 15-8-3 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Code: means : (a)  the State Construction Code; or (b)  an approved code. See Utah Code 15A-1-202 Commission: means the Uniform Building Code Commission created in Section 15A-1-203. See Utah Code 15A-1-202 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Commissioner: means a member of the commission. See Utah Code 32B-1-102 Compliance agency: means : (a)  an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes; (b)  any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes; or (c)  any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than this part and 3. See Utah Code 15A-1-202 Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including: (a)  a building code; (b)  an electrical code; (c)  a residential one and two family dwelling code; (d)  a plumbing code; (e)  a mechanical code; (f)  a fuel gas code; (g)  an energy conservation code; (h)  a swimming pool and spa code; and (i)  a manufactured housing installation standard code. See Utah Code 15A-1-202 Consumer: includes a representative of an association subject to: (i)  Title 57, Chapter 8, Condominium Ownership Act; or (ii)  Title 57, Chapter 8a, Community Association Act. See Utah Code 15-10-102 Consumer: means a natural person who rents personal property under a rental purchase agreement to be used primarily for personal, family, or household purposes. See Utah Code 15-8-3 Consummation: means the time at which a consumer becomes contractually obligated on a rental purchase agreement. See Utah Code 15-8-3 Contract: A legal written agreement that becomes binding when signed. 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. Counterclaim: A claim that a defendant makes against a plaintiff. County executive: means :Utah Code 68-3-12.5 County general fund: means the general fund used by a county. See Utah Code 17-36-3 County legislative body: means :Utah Code 68-3-12.5 Cross examine: Questioning of a witness by the attorney for the other side. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Department compliance officer: means an individual who is: (a)  an auditor or inspector; and (b)  employed by the department. See Utah Code 32B-1-102 Devise: To gift property by will. Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in: (a)  4; and (b)  Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-1-402 Escrow: Money given to a third party to be held for payment until certain conditions are met. Event permit: means : (a)  a single event permit; or (b)  a temporary beer event permit. See Utah Code 32B-1-102 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: 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: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (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 of Commerce. See Utah Code 15A-1-202 Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302 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. 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 Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: You are late making a payment or commit some other default, triggering an increase to a penalty rate The bank changes the terms of your account and you do not reject the change. The rate expires (if the rate was fixed for only a certain period of time). 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 Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. See Utah Code 32B-1-102 Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3 General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains at least . See Utah Code 32B-1-102 Highway: includes :Utah Code 68-3-12.5 Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and 10. See Utah Code 32B-1-102 Hotel: includes a commercial lodging establishment that: (i)  meets the requirements under Subsection (53)(a); and (ii)  has one or more privately owned dwelling units. See Utah Code 32B-1-102 HUD Code: means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C. See Utah Code 15A-2-102 HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, 42 U. See Utah Code 15A-1-302 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 IRC: means the edition of the International Residential Code adopted under Section 15A-2-103. See Utah Code 15A-2-102 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 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (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 Legislative action: includes legislation that: (a)  adopts a new State Construction Code; (b)  amends the State Construction Code; or (c)  repeals one or more provisions of the State Construction Code. See Utah Code 15A-1-202 Legislative action: includes legislation that: (a)  adopts a State Fire Code; (b)  amends a State Fire Code; or (c)  repeals one or more provisions of a State Fire Code. See Utah Code 15A-1-402 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. 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. Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 3. See Utah Code 32B-1-102 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Local regulator: means a political subdivision of the state that is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes. See Utah Code 15A-1-202 Local regulator: is a s defined in Section 15A-1-202. See Utah Code 15A-1-302 Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102 Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that: (a)  in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and (b)  is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 15A-1-302 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 Membrane-covered frame structure: means a nonpressurized building with a structure composed of a rigid framework to support a tensioned membrane that provides a weather barrier. See Utah Code 15A-1-202 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code. See Utah Code 15A-1-302 Modular unit: means a structure: (a)  built from sections that are manufactured in accordance with the State Construction Code and transported to a building site; and (b)  the purpose of which is for human habitation, occupancy, or use. See Utah Code 15A-1-302 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. Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Not for human occupancy: means use of a structure for purposes other than protection or comfort of human beings, but allows people to enter the structure for: (a)  maintenance and repair; and (b)  the care of livestock, crops, or equipment intended for agricultural use which are kept there. See Utah Code 15A-1-202 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 Package agency: means a retail liquor location operated: (a)  under an agreement with the department; and (b)  by a person: (i)  other than the state; and (ii)  who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 Package agent: means a person who holds a package agency. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Person subject to administrative action: means : (a)  a licensee; (b)  a permittee; (c)  a manufacturer; (d)  a supplier; (e)  an importer; (f)  one of the following holding a certificate of approval: (i)  an out-of-state brewer; (ii)  an out-of-state importer of beer, heavy beer, or flavored malt beverages; or (iii)  an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or (g)  staff of: (i)  a person listed in Subsections (90)(a) through (f); or (ii)  a package agent. See Utah Code 32B-1-102 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 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. Reception center: means a business that: (a)  operates facilities that are at least 5,000 square feet; and (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 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 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. Remote yurt: means a membrane-covered frame structure that: (a)  is no larger than 710 square feet; (b)  is not used as a permanent residence; (c)  is located in an unincorporated county area that is not zoned for residential, commercial, industrial, or agricultural use; (d)  does not have plumbing or electricity; (e)  is set back at least 300 feet from any river, stream, lake, or other body of water; and (f)  is registered with the local health department. See Utah Code 15A-1-202 Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3 Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Restaurant: means a business location: (a)  at which a variety of foods are prepared; (b)  at which complete meals are served; and (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: (a)  a full-service restaurant license; (b)  a limited-service restaurant license; or (c)  a beer-only restaurant license. See Utah Code 32B-1-102 Retail license: means one of the following licenses issued under this title: (a)  a full-service restaurant license; (b)  a master full-service restaurant license; (c)  a limited-service restaurant license; (d)  a master limited-service restaurant license; (e)  a bar establishment license; (f)  an airport lounge license; (g)  an on-premise banquet license; (h)  an on-premise beer license; (i)  a reception center license; (j)  a beer-only restaurant license; (k)  a hospitality amenity license; (l)  a resort license; (m)  a hotel license; or (n)  an arena license. See Utah Code 32B-1-102 Road: includes :Utah Code 68-3-12.5 Seller: means a person providing service, maintenance, or repair under a service contract. See Utah Code 15-10-102 Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 Service contract: means a contract for service, maintenance, or repair: (i)  in connection with real property; or (ii)  that provides a benefit to the real property. See Utah Code 15-10-102 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102 Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. 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 State Construction Code: means the State Construction Code adopted by: (a)  Chapter 2, Adoption of State Construction Code; (b)  Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code; (c)  Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code; (d)  Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and (e)  Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102 State Fire Code: means the State Fire Code adopted by Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 State regulator: means an agency of the state which is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes adopted pursuant to this chapter. See Utah Code 15A-1-202 State store: means a facility for the sale of packaged liquor: (i)  located on premises owned or leased by the state; and (ii)  operated by a state employee. See Utah Code 32B-1-102 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 Summons: Another word for subpoena used by the criminal justice system. Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Temporary beer event permit: means a permit issued in accordance with 4. See Utah Code 32B-1-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trustee: A person or institution holding and administering property in trust. Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. 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