Utah Code > Title 11 > Chapter 58 – Utah Inland Port Authority Act
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Terms Used In Utah Code > Title 11 > Chapter 58 - Utah Inland Port Authority Act
- 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 16-10a-102 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 34-48-102
- 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.
- Affected party: means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. See Utah Code 32B-14-102
- 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.
- Affiliate: means the same as that term is defined in Section 16-10a-102. See Utah Code 16-10a-1802
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Airport licensee: means a person who holds a valid:
(a) retail license for premises located at an international airport or domestic airport; or (b) special use permit for premises located at an international airport or domestic airport. See Utah Code 32B-17-102 - Alcohol license: means :
(i) a retail license; (ii) an off-premise beer retailer state license; (iii) a brewery manufacturing license; (iv) a distillery manufacturing license; (v) a winery manufacturing license; (vi) a liquor warehousing license; and (vii) a special use permit that is an industrial or manufacturing use permit. See Utah Code 32B-18-101 - Alcoholic beverage: means the following:
(a) beer; or (b) liquor. See Utah Code 32B-1-102 - Allegation: something that someone says happened.
- 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.
- Announcement date: when used in reference to a business combination, means the date of the first public announcement of the final, definitive proposal for the business combination. See Utah Code 16-10a-1802
- Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
(a) a fine; and (b) administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102 - Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
- Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102
- Appraisal: A determination of property value.
- 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
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 22-5-2
- Associate: when used to indicate a relationship with a person, means:
(a) a corporation or organization of which the person is an officer or partner or is, directly or indirectly, the beneficial owner of 10% or more of any class of voting stock; (b) a trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and (c) a relative or spouse of the person, or any relative of the spouse, who has the same home as the person. See Utah Code 16-10a-1802 - Assumed corporate name: means a name assumed for use in this state by a foreign corporation pursuant to Section 16-10a-1506 because its corporate name is not available for use in this state. See Utah Code 16-10a-102
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
- Authority jurisdictional land: means land within the authority boundary delineated:
(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102 - Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
- 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.
- Base taxable value: means :
(a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and (ii) for an area described in Section 11-58-600. See Utah Code 11-58-102 - 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 - Beneficial owner: when used with respect to stock, means a person:
(a) that, individually or with or through any of its affiliates or associates, beneficially owns the stock, directly or indirectly; (c) that has an agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in Subsection (4)(b)(ii), or disposing of the stock with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the stock. See Utah Code 16-10a-1802 - 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
- Benefit corporation: means a business corporation:
(a) that elects to become subject to this chapter; and (b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103 - Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
- Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
(a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or (b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103 - Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
- Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
- Brewer: means a person engaged in manufacturing:
(a) beer; (b) heavy beer; or (c) a flavored malt beverage. See Utah Code 32B-1-102 - Brewery manufacturing license: means a license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License. See Utah Code 32B-1-102
- Broadcasting company: means a person engaged in the business of:
(a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following: (i) television; (ii) cable; or (iii) radio; or (b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102 - Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102
- Business combination: when used in reference to any domestic corporation and an interested shareholder of the corporation, means:
(a) a merger or consolidation of the corporation or any subsidiary of the corporation with: (i) the interested shareholder; or (ii) any other corporation, whether or not that corporation is an interested shareholder of the corporation, that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder; (b) any sale, lease, exchange, mortgage, pledge, transfer, or other disposition, in one transaction or a series of transactions, to or with the interested shareholder or any affiliate or associate of the interested shareholder of assets of the corporation or any subsidiary of the corporation: (i) having an aggregate market value equal to 10% or more of the aggregate market value of all the assets, determined on a consolidated basis, of the corporation; (ii) having an aggregate market value equal to 10% or more of the aggregate market value of all the outstanding stock of the corporation; or (iii) representing 10% or more of the earning power or net income, determined on a consolidated basis, of the corporation; (c) the issuance or transfer by the corporation or any subsidiary of the corporation, in one transaction or a series of transactions, of any stock of the corporation or any subsidiary of the corporation that has an aggregate market value equal to 5% or more of the aggregate market value of all the outstanding stock of the corporation to the interested shareholder or any affiliate or associate of the interested shareholder except pursuant to the exercise of warrants or rights to purchase stock offered, or a dividend or distribution paid or made, pro rata to all shareholders of the corporation; (d) the adoption of any plan or proposal for the liquidation or dissolution of the corporation proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; (e) any reclassification of securities, including a stock split, stock dividend, or other distribution of stock in respect of stock, or any reverse stock split, or recapitalization of the corporation, or any merger or consolidation of the corporation with any subsidiary of the corporation, or any other transaction, whether or not with, into, or otherwise involving the interested shareholder: (i) proposed by, or pursuant to any agreement, arrangement, or understanding, whether or not in writing, with, the interested shareholder or any affiliate or associate of the interested shareholder; and (ii) that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of any class or series of voting stock or securities convertible into voting stock of the corporation or any subsidiary of the corporation that is directly or indirectly owned by the interested shareholder or any affiliate or associate of the interested shareholder, except as a result of immaterial changes due to fractional share adjustments; or (f) a receipt by the interested shareholder or an affiliate or associate of the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of the corporation, of a loan, advance, guarantee, pledge, or other financial assistance or any tax credit or other tax advantage provided by or through the corporation. See Utah Code 16-10a-1802 - Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
- Business entity: means a corporation, partnership, limited liability company, sole proprietorship, or similar entity. See Utah Code 32B-18-101
- Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
- Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
- Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Car-pool: means a mode of transportation in which:
(a) six or fewer persons, including the driver, ride together in a motor vehicle; (b) that transportation is incidental to another purpose of the driver; and (c) the vehicle manufacturer's design capacity of any one seat is not exceeded. See Utah Code 72-12-103 - Cash wage obligation: means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives. See Utah Code 34-40-102
- Central receiving and distribution center: means a facility that:
(a) operates at an international airport or domestic airport; (b) receives goods and supplies delivered to the international airport or domestic airport for an airport licensee; (c) screens the goods and supplies described in Subsection (2)(b) for security purposes; and (d) distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered. See Utah Code 32B-17-102 - Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
- Chambers: A judge's office.
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See Utah Code 22-5-2
- Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Commission: means the Labor Commission. See Utah Code 34-23-103
- Commission: means the Labor Commission. See Utah Code 34-40-102
- Commission: means :
(a) compensation: (i) that accrues to a sales representative; (ii) for payment by a principal; and (iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or (b) any other method of compensation agreed to between a sales representative and a principal including: (i) fees for services; and (ii) a retainer. See Utah Code 34-44-102 - Commission: means the Labor Commission. See Utah Code 34-47-102
- Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
- 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.
- Common stock: means stock other than preferred stock. See Utah Code 16-10a-1802
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Container: means a receptacle that contains an alcoholic product, including:
(a) a bottle; (b) a vessel; or (c) a similar item. See Utah Code 32B-1-102 - Contaminated land: means land:
(a) within a project area; and (b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102 - Contract: A legal written agreement that becomes binding when signed.
- controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate name: means :
(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or (b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102 - Corporation: means a private or public corporation, association or trust issuing a security. See Utah Code 22-5-2
- 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: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Death of a third person: includes recovery for all damages, special and general, resulting from the death, except punitive damages. See Utah Code 32B-15-102
- Decedent: A deceased person.
- 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.
- Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Dependent: A person dependent for support upon another.
- Development: means :
(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102 - Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
- Direct sales company: means a person that:
(i) sells, distributes, or supplies for consideration a good or service through participants: (A) at different levels of distribution; or (B) in accordance with a formula for compensating participants in whole or in part based on: (I) the sale of a good or service; and (II) the recruitment of or the performance or action of another participant; and (ii) (A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or (B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of: (I) the sale of a good or service; or (II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102 - Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
(a) against a person subject to administrative action; and (b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102 - Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102
- Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102 - Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102
- Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-23-103
- Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-40-102
- Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
- Docket: A log containing brief entries of court proceedings.
- Domestic airport: means an airport that:
(a) has at least 15,000 commercial airline passenger boardings in any five-year period; (b) receives scheduled commercial passenger aircraft service; and (c) is not an international airport. See Utah Code 32B-1-102 - domestic corporation: means a corporation for profit that:
(a) is not a foreign corporation; and (b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102 - electronically transmitted: means a process of communication not directly involving the physical transfer of paper that is suitable for the receipt, retention, retrieval, and reproduction of information by the recipient, whether by e-mail, facsimile, or otherwise. See Utah Code 16-10a-102
- Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
- Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
- Employer: means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-48-102
- Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
- 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 and foreign corporation; (b) a 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; and (l) a foreign government. See Utah Code 16-10a-102 - 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Exchange Act: means the Securities Exchange Act of 1934, 15 U. See Utah Code 16-10a-1802
- Executive officer: means :
(a) a benefit corporation's president; (b) a vice president of the benefit corporation in charge of a principal business unit, division, or function; or (c) any other officer who performs a policy-making function for the benefit corporation. See Utah Code 16-10b-103 - Exempt broadcasting employee: means a broadcasting employee who is compensated on a salary basis, as defined in 29 C. See Utah Code 34-51-102
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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.
- Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34-40-102
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 22-5-2
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
- Franchise: means the same as that term is defined in 16 C. See Utah Code 34-40-102
- Franchisee: means the same as that term is defined in 16 C. See Utah Code 34-40-102
- Franchisor: means the same as that term is defined in 16 C. See Utah Code 34-40-102
- 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
- General public benefit: means a material positive impact on society and the environment:
(a) taken as a whole; (b) assessed against a third-party standard; and (c) from the business of a benefit corporation. See Utah Code 16-10b-103 - Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Good cause: means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with 2. See Utah Code 32B-14-102
- Good faith: is a s defined in Subsection 70A-1a-201(2)(t). See Utah Code 32B-14-102
- Governmental subdivision: means :
(a) county; (b) municipality; or (c) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-10a-102 - Grantor: The person who establishes a trust and places property into it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Guest: means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment. See Utah Code 29-2-102
- Hazardous occupation: is a ny occupation defined as hazardous by the United States Department of Labor under 29 U. See Utah Code 34-23-103
- Highway: includes :Utah Code 68-3-12.5
- Immediate family: means a parent, spouse, surviving spouse, child, or sibling of a person. See Utah Code 16-10b-103
- 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
- Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
- Individual: means :
(a) a natural person; (b) the estate of an incompetent individual; or (c) the estate of a deceased individual. See Utah Code 16-10a-102 - Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Injury: includes injury in person, property, or means of support. See Utah Code 32B-15-102
- Inland port: means one or more sites that:
(a) contain multimodal facilities, intermodal facilities, or other facilities that: (i) are related but may be separately owned and managed; and (ii) together are intended to: (A) allow global trade to be processed and altered by value-added services as goods move through the supply chain; (B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions; (C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and (D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and (b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102 - Inland port use: means a use of land:
(a) for an inland port; (b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (9); (c) that complements or supports the purposes of an inland port, as stated in Subsection (9); or (d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102 - Innkeeper: means the proprietor or designated employee of a proprietor of a lodging establishment. See Utah Code 29-2-102
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- 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
- Interested shareholder: when used in reference to a domestic corporation, means a person, other than the corporation or a subsidiary of the corporation, that:
(i) is the beneficial owner, directly or indirectly, of 20% or more of the outstanding voting stock of the corporation; or (ii) is an affiliate or associate of the corporation and at any time within the five-year period immediately before the date in question was the beneficial owner, directly or indirectly, of 20% or more of the then outstanding voting stock of the corporation. See Utah Code 16-10a-1802 - Interim alcoholic beverage management agreement: means a management agreement:
(a) in connection with: (i) a change of ownership in the entity holding an alcohol license; or (ii) a transfer of the management of an alcohol license to another entity; and (b) under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that: (i) begins when: (A) the change of ownership closes; or (B) the new management agreement is executed; and (ii) ends on the day after the day on which the commission approves the alcohol license for the new owner. See Utah Code 32B-18-101 - Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
- International airport: means an airport:
(a) with a United States Customs and Border Protection office on the premises of the airport; and (b) at which international flights may enter and depart. See Utah Code 32B-1-102 - 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 - Inventory transfer agreement: means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee's inventory of alcoholic products. See Utah Code 32B-18-101
- 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.
- Juvenile adjudication: means :
(a) a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or (b) an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102 - Land: includes :Utah Code 68-3-12.5
- Landfill material: means garbage, waste, debris, or other materials disposed of or placed in a landfill. See Utah Code 11-58-102
- Law enforcement agency: is a s defined in Section 53-1-102. See Utah Code 34-48-102
- 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
- Legatee: A beneficiary of a decedent
- 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
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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 - Lodging establishment: means a place providing temporary sleeping accommodations to the public, including any of the following:
(a) a bed and breakfast establishment; (b) a boarding house; (c) a hotel; (d) an inn; (e) a lodging house; (f) a motel; (g) a resort; or (h) a rooming house. See Utah Code 29-2-102 - mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
- Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101
- 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
- Market value: when used in reference to stock or property of a domestic corporation, means:
(a) in the case of stock: (i) the highest closing sale price during the 30-day period immediately preceding the date in question of a share of the stock on the composite tape for New York stock exchange-listed stocks; (ii) if the stock is not quoted on the composite tape or listed on the exchange described in Subsection (11)(a)(i), the highest closing sale price during the 30-day period immediately preceding the date in question on the principal United States securities exchange registered under the Exchange Act on which the stock is listed; or (iii) if no quotation is available under Subsection (11)(a)(i) or (ii), the fair market value on the date in question of a share of the stock as determined by the board of directors of the corporation in good faith; and (b) in the case of property other than cash or stock, the fair market value of the property on the date in question as determined by the board of directors of the corporation in good faith. See Utah Code 16-10a-1802 - 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
- Member agency: means an agency that is represented on the council. See Utah Code 34-47-102
- Mental health professional applicant: means an individual who:
(a) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and (b) provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102 - Minimum status vote: means :
(a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions: (i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and (ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or (b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions: (i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and (ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103 - Minimum wage: means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise. See Utah Code 34-40-102
- Minor: means an unemancipated person younger than 18 years of age. See Utah Code 29-2-102
- Minor: is a person under the age of 18 years. See Utah Code 34-23-103
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- Misclassification: means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee. See Utah Code 34-47-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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 - 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.
- Nonvoting member: means an individual appointed as a member of the board under Subsection 11-58-302(3) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102
- Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- 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 - Oppressive conduct: means a continuing course of conduct, a significant action, or a series of actions that substantially interferes with the interests of a shareholder as a shareholder. See Utah Code 16-10a-1901
- Oppressive conduct: means a continuing course of conduct, a significant action, or a series of actions that substantially interferes with the interests of a shareholder as a shareholder. See Utah Code 16-10a-1901 v2
- 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 - participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
- 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.
- 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 - Permittee: means a person issued a permit under: