Terms Used In Utah Code > Title 11 > Chapter 48 - Emergency Response

• Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:

  (a)	course of dealing;

  (b)	usage of trade; or

  (c)

  course of performance. See Utah Code 70C-1-302 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. 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 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 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 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. Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302 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. Creditor: means : (i)  a party: (A)  who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and (B)  to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; (ii)  an issuer of a credit card that extends either open-end credit or credit that: (A)  is not subject to a finance charge; and (B)  is not payable by written agreement in more than four installments; and (iii)  an issuer of a credit card that extends closed-end credit that: (A)  is subject to a finance charge; or (B)  is payable by written agreement in more than four installments. See Utah Code 70C-1-302 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Dwelling: means a portion of a resort building: (a)  owned by one or more individuals; (b)  that is used or designated for use as a residence by one or more persons; and (c)  that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence. See Utah Code 32B-8-102 Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence: (a)  a condominium unit; (b)  a cooperative unit; (c)  a manufactured home; or (d)  a house. See Utah Code 70C-1-302 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. Ex officio: Literally, by virtue of one's office. Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC 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. Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102 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: 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 Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002 Installment: means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt. See Utah Code 70C-1-302 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 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. 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 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 Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 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 Municipality: means a city, town, or metro township. See Utah Code 11-48-101.5 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 Opaque: means impenetrable to sight. 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 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 Political subdivision: means a county, city, town, special district, or service district. See Utah Code 11-48-101.5 Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102 Resort: means a location: (a)  on which is located one resort building; and (b)  that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102 Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Resort building: means a building: (a)  that is primarily operated to provide dwellings or lodging accommodations; (b)  that has at least 150 units that consist of a dwelling or lodging accommodations; (c)  that consists of at least 400,000 square feet: (i)  including only the building itself; and (ii)  not including areas such as above ground surface parking; and (d)  of which at least 50% of the units described in Subsection (6)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102 Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102 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 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 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. Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102