Terms Used In Utah Code > Title 11 > Chapter 50 - Political Subdivision Financial Reporting Certification

• 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 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. 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 Alcohol training and education seminar: means a seminar that is: (a)  required by 7; and (b)  described in Section 26B-5-205. 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. Annual financial report: means a comprehensive annual financial report or similar financial report required by Section 51-2a-201. See Utah Code 11-50-102 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. 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. Assumed corporate name: means a name assumed for use in this state: (a)  by a: (i)  foreign corporation pursuant to Section 16-10a-1506; or (ii)  a foreign nonprofit corporation pursuant to Section 16-6a-1506; and (b)  because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102 Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102 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 board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102 Bylaws: includes : (i)  amended bylaws; and (ii)  restated bylaws. See Utah Code 16-6a-102 Chief administrative officer: means the chief administrative officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102 Chief financial officer: means the chief financial officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102 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 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 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 Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102 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: 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 Director: means a member of the board of directors. See Utah Code 16-6a-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 Corporations and Commercial Code. 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 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 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. Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102 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 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. Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Governing body: means : (a)  for a county, city, or town, the legislative body of the county, city, or town; (b)  for a special district, the board of trustees of the special district; (c)  for a school district, the local board of education; or (d)  for a special service district under Title 17D, Chapter 1, Special Service District Act: (i)  the governing body of the county or municipality that created the special service district, if no administrative control board has been established under Section 17D-1-301; or (ii)  the administrative control board, if one has been established under Section 17D-1-301. See Utah Code 11-50-102 home solicitation sale: means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. See Utah Code 70C-5-101 Hotel: means one or more buildings that: (a)  comprise a hotel, as defined by the commission; (b)  are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel; (c)  primarily operate to provide lodging accommodations; (d)  have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title; (e)  have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and (f)  have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102 Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102 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. 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 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 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. 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. 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 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 Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102 Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-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 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 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 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 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 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-50-102 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 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 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 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. 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 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. 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 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 Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. 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 Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a: (a)  hotel; or (b)  resort facility. See Utah Code 32B-1-102 Service of process: The service of writs or summonses to the appropriate party. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 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 Sublicense: means : (a)  any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license: (i)  a full-service restaurant license; (ii)  a limited-service restaurant license; (iii)  a bar establishment license; (iv)  an on-premise banquet license; (v)  an on-premise beer retailer license; (vi)  a beer-only restaurant license; or (vii)  a hospitality amenity license; or (b)  a spa sublicense. See Utah Code 32B-1-102 Swear: includes "affirm. See Utah Code 68-3-12.5 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 Tribal nonprofit corporation: means a nonprofit corporation: (a)  incorporated under the law of a tribe; and (b)  that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102 Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Uphold: The decision of an appellate court not to reverse a lower court decision. 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 Writing: includes :Utah Code 68-3-12.5