Utah Code > Title 11 > Chapter 46 – Animal Welfare Act


Part 1	General Provisions	11-46-101 – 11-46-104
Part 2	Animal Shelter Pet Sterilization Act	11-46-201 – 11-46-208
Part 3	Community Cat Act	11-46-301 – 11-46-304
Part 4	Euthanasia of Shelter Animals	11-46-401 – 11-46-402

Terms Used In Utah Code > Title 11 > Chapter 46 - Animal Welfare Act

Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102

Address: includes :

(i)	a post office box number;

(ii)	a rural free delivery route number; and

(iii)

a street name and number. See Utah Code 16-6a-102

Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.

Adjudicative proceeding: means :Utah Code 68-3-12.5

Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103

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.

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.

agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:

(i)	another domestic or foreign corporation;

(ii)	another person; or

(iii)

an employee benefit plan. See Utah Code 16-6a-901

Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102

Agriculture water: means :

(a)	water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;

(b)	return flows from irrigated agriculture; and

(c)

agricultural storm water runoff. See Utah Code 19-5-102

AHJ: means "authority having jurisdiction" which is:

(a)	the State Fire Marshal;

(b)	an authorized deputy of the State Fire Marshal; or

(c)

the local fire enforcement authority. See Utah Code 15A-5-102

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.

Animal: means a cat or dog. See Utah Code 11-46-102

Animal control officer: means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals. See Utah Code 11-46-102

Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102

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.

Applicant: means the person:

(a)	who submits an application to participate in a voluntary cleanup agreement under this chapter; or

(b)

who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102

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

Articles of incorporation: include :

(a)	amended articles of incorporation;

(b)	restated articles of incorporation;

(c)	articles of merger; and

(d)

a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of 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

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}

Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102

Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102

Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102

board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102

Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-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

Bylaws: includes :

(i)	amended bylaws; and

(ii)

restated bylaws. See Utah Code 16-6a-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102

Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102

Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Community cat: means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped. See Utah Code 11-46-302

Community cat caretaker: means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony. See Utah Code 11-46-302

Community cat colony: means a group of cats that congregate together. See Utah Code 11-46-302

Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Completion: means , regarding property covered by an agreement:

(a)	no further response actions are necessary; or

(b)

the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102

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

Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-5-102

Contaminant: means :

(a)	hazardous materials as defined in Section 19-6-302;

(b)	hazardous substance as defined in Section 19-6-302;

(c)	hazardous waste as defined in Section 19-6-102;

(d)

hazardous waste constituent listed in 40 C. See Utah Code 19-8-102

Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102

Contract: A legal written agreement that becomes binding when signed.

Conviction: A judgement of guilt against a criminal defendant.

cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102

Corporate name: means :

(a)	the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;

(b)	the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;

(c)

the name of a foreign corporation as stated in the foreign corporation's:

(i)	articles of incorporation; or

(ii)	document of similar import to articles of incorporation; or

(d)

the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

(i)	articles of incorporation; or

(ii)

document of similar import to articles of incorporation. See Utah Code 16-6a-102

Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-102

Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102

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-mayor form of government: means the form of municipal government that:

(a)

(i)	is provided for in Laws of Utah 1977, Chapter 48;

(ii)	may not be adopted without voter approval; and

(iii)

consists of two separate, independent, and equal branches of municipal government; and

(b)

on and after May 5, 2008, is described in 2. See Utah Code 10-3b-102

Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102

County legislative body: means :Utah Code 68-3-12.5

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.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Delegate: means a person elected or appointed to vote in a representative assembly:

(a)	for the election of a director; or

(b)

on matters other than the election of a director. See Utah Code 16-6a-102

Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102

Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102

Dining area: means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-202

Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302

Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102

Director: means a member of the board of directors. See Utah Code 16-6a-102

Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901

Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102

Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102

Discharge permit: means a permit issued to a person who:

(a)	discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or

(b)

generates or manages sewage sludge. See Utah Code 19-5-102

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

dispense: means :

(i)	drawing an alcoholic product; and

(ii)

using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102

Dispensing area: means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:

(i)	is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;

(ii)	except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or

(iii)

is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:

(A)	at least 42 inches high; and

(B)

at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-202

Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:

(i)	is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;

(ii)	except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or

(iii)

(A)	at least 42 inches high; and

(B)

at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-302

Dispensing structure: means a surface or structure on a licensed premises:

(a)	where an alcoholic product is dispensed; or

(b)

from which an alcoholic product is served. See Utah Code 32B-1-102

Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102

Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:

(i)

members;

(ii)	directors; or

(iii)

officers. See Utah Code 16-6a-102

Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102

Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-5-102

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102

Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102

domestic corporation: means a corporation for profit that:

(a)	is not a foreign corporation; and

(b)

is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102

domestic nonprofit corporation: means an entity that:

(a)	is not a foreign nonprofit corporation; and

(b)

is incorporated under or subject to this chapter. See Utah Code 16-6a-102

Donor: The person who makes a gift.

Dwelling unit: includes a hotel room, dormitory room, apartment, condominium, sleeping room in a nursing home, or similar living unit. See Utah Code 15A-5-102

Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102

Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102

Election officer: means :

(a)	the lieutenant governor, for all statewide ballots and elections;

(b)

the county clerk for:

(i)	a county ballot and election; and

(ii)

a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102

Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-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.

Entity: includes :

(a)	a domestic or foreign corporation;

(b)	a domestic or foreign nonprofit corporation;

(c)	a limited liability company;

(d)	a profit or nonprofit unincorporated association;

(e)	a business trust;

(f)	an estate;

(g)	a partnership;

(h)

a trust;

(i)	two or more persons having a joint or common economic interest;

(j)

a state;

(k)	the United States; or

(l)

a foreign government. See Utah Code 16-6a-102

Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102

Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103

Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103

Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103

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.

Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102

Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103

Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102

Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102

Expenses: includes attorneys' fees. See Utah Code 16-6a-901

Fiduciary: A trustee, executor, or administrator.

Fire jurisdiction: means a contiguous geographic area for which there is a single authority having jurisdiction. See Utah Code 15A-5-102

Five-member council form of government: means the form of municipal government described in 4. See Utah Code 10-3b-102

Flavored malt beverage: means a beverage:

(i)

that contains at least . See Utah Code 32B-1-102

Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102

Foreign nonprofit corporation: means an entity:

(a)	incorporated under a law other than the laws of this state; and

(b)

that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102

Fraud: Intentional deception resulting in injury to another.

Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. See Utah Code 32B-1-102

Furnish: includes to:

(i)

serve;

(ii)	deliver; or

(iii)

otherwise make available. See Utah Code 32B-1-102

Governmental entity: means :

(a)

(i)	the executive branch of the state;

(ii)	the judicial branch of the state;

(iii)

the legislative branch of the state;

(iv)	an independent entity, as defined in Section 63E-1-102;

(v)	a political subdivision of the state;

(vi)	a state institution of higher education, as defined in Section 53B-3-102;

(vii)

an entity within the state system of public education; or

(viii)

the National Guard; or

(b)

any of the following that is established or controlled by a governmental entity listed in Subsection (28)(a) to carry out the public's business:

(i)	an office;

(ii)	a division;

(iii)

an agency;

(iv)

a board;

(v)

a bureau;

(vi)	a committee;

(vii)

a department;

(viii)

an advisory board;

(ix)	an administrative unit; or

(x)

a commission. See Utah Code 16-6a-102

Governmental subdivision: means :

(a)

a county;

(b)

a city;

(c)	a town; or

(d)

another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102

Groundwater source: includes :

(i)

a well;

(ii)

a spring;

(iii)

a tunnel; or

(iv)

an adit. See Utah Code 19-4-102

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

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

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

IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102

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}

Individual: means :

(a)	a natural person;

(b)	the estate of an incompetent individual; or

(c)

the estate of a deceased individual. See Utah Code 16-6a-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:

(a)	is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and

(b)

(i)	limits the use of the real property, groundwater, or surface water;

(ii)	limits activities that may be performed on or at the property; or

(iii)

requires maintenance of any engineering or other control. See Utah Code 19-10-102

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

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}

Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102

intoxication: means that
an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:

(a)	an alcoholic product;

(b)	a controlled substance;

(c)	a substance having the property of releasing toxic vapors; or

(d)

a combination of products or substances described in Subsections (60)(a) through (c). 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}

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:

(a)	an excise tax assessed with respect to an employee benefit plan; or

(b)

reasonable expenses. See Utah Code 16-6a-901

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

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local health department: means a local health department as defined in 1. See Utah Code 19-1-103

Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102

mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102

Member: includes :

(i)	"voting member"; and

(ii)

a shareholder in a water company. See Utah Code 16-6a-102

Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102

Minor: means an individual under 21 years old. See Utah Code 32B-1-102

money: means :

(i)	legal tender;

(ii)	a negotiable instrument; or

(iii)

other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-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.

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102

Municipality: means a city, town, or metro township. See Utah Code 20A-1-102

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

Mutual benefit corporation: means a nonprofit corporation:

(a)	that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or

(b)

all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102

NFPA: means the edition of the National Fire Protection Association adopted under Section 15A-5-103. See Utah Code 15A-5-102

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.

Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102

Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901

Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

offer 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

Official capacity: means :

(i)	when used with respect to a director, the office of director in a corporation; and

(ii)

when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901

Oversight: Committee review of the activities of a Federal agency or program.

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

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.

Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901

Party related to a director: means :

(a)	the spouse of the director;

(b)	a child of the director;

(c)	a grandchild of the director;

(d)	a sibling of the director;

(e)	a parent of the director;

(f)	the spouse of an individual described in Subsections (38)(b) through (e);

(g)	an individual having the same home as the director;

(h)	a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or

(i)

any of the following of which the director is a fiduciary:

(i)

a trust;

(ii)	an estate;

(iii)

an incompetent;

(iv)	a conservatee; or

(v)

a minor. See Utah Code 16-6a-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 an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103

Person: means :Utah Code 68-3-12.5

Person: means an:

(a)	individual; or

(b)

entity. See Utah Code 16-6a-102

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

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.

pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102

Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

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

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Principal office: means :

(a)

the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Private event: means a specific social, business, or recreational event:

(i)	for which an entire room, area, or hall is leased or rented in advance by an identified group; and

(ii)

that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration;

(c)	mediation;

(d)	a criminal action;

(e)	an administrative action; or

(f)

an investigatory action. See Utah Code 16-6a-102

Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102

Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102

Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:

(a)	a specified animal has been sterilized;

(b)	the date on which the sterilization was performed; and

(c)

the location where the sterilization was performed. See Utah Code 11-46-202

Property: includes both real and personal property. See Utah Code 68-3-12.5

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102

Public water system: includes :

(i)	a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and

(ii)

a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102

Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102

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.

Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:

(a)

by the domestic or foreign nonprofit corporation at:

(i)	its registered office in this state; or

(ii)	its principal office;

(b)	by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or

(c)

by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102

Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202

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

Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-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}

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)

a foreign nonprofit corporation. See Utah Code 16-6a-102

Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:

(a)	articles of incorporation;

(b)	an application for a certificate of authority; or

(c)

a notice of change of registered office. See Utah Code 16-6a-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.

Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102

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

Retail water supplier: means a person that:

(a)	supplies water for human consumption and other domestic uses to an end user; and

(b)

has more than 500 service connections. See Utah Code 19-4-102

Road: includes :Utah Code 68-3-12.5

Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102

Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:

(a)

the preparation and maintenance of:

(i)

minutes of the meetings of:

(A)	the board of directors; or

(B)	the members; and

(ii)	the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and

(b)

authenticating records of the nonprofit corporation. See Utah Code 16-6a-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.

Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102

Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102

Share: means a share as defined in:

(a)	Section 16-6a-102 for a nonprofit corporation; and

(b)

Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102

Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102

Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102

Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Six-member council form of government: means the form of municipal government described in 3. See Utah Code 10-3b-102

Small full-service restaurant licensee: means a converted full-service restaurant licensee as defined in Section 32B-6-404. See Utah Code 32B-6-202

Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102

Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. See Utah Code 32B-1-102

Sponsor: means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. See Utah Code 11-46-302

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 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.

Sterilization deposit: means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter. See Utah Code 11-46-202

Sterilized: means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce. See Utah Code 11-46-202

Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102

Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102

Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102

Tavern: means an on-premise beer retailer who is:

(a)	issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and

(b)

designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Transfer: means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient. See Utah Code 11-46-202

Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102

Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102

Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102

Trustee: A person or institution holding and administering property in trust.

Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102

Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102

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

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

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Vote: includes authorization by:

(a)	written ballot; and

(b)

written consent. See Utah Code 16-6a-102

Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102

voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102

Waiting area: includes a lobby. See Utah Code 32B-6-202

Waiting area: includes a lobby. See Utah Code 32B-6-302

Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102

Water company: means :

(a)	the same as that term is defined in Subsection 16-4-102(5); or