Terms Used In Utah Code > Title 13 > Chapter 22 - Charitable Solicitations Act

• Adversely affected party: means a person other than a land use applicant who:

  (a)	owns real property adjoining the property that is the subject of a land use application or land use decision; or

  (b)

  will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103 Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if: (a)  the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b)  the entity has filed with the municipality a copy of the entity's general or long-range plan; or (c)  the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103 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. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2 Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2 Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2 Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2 Contiguous: means : (a)  if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b)  if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 Contract: A legal written agreement that becomes binding when signed. Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following: (i)  a gift, subscription, loan, advance, or deposit of money or anything of value; (ii)  a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or (iii)  fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2 Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2 Conviction: A judgement of guilt against a criminal defendant. 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. Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103 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. Development activity: means : (a)  any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b)  any change in use of a building or structure that creates additional demand and need for public facilities; or (c)  any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103 Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103 Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2 Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2 Donor: The person who makes a gift. 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. 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. Fiduciary: A trustee, executor, or administrator. Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 10-9a-103 Fraud: Intentional deception resulting in injury to another. General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a)  recording a subdivision plat; or (b)  development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103 Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement: (a)  complies with the municipality's written standards for design, materials, and workmanship; and (b)  will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103 Improvement warranty period: means a period: (a)  no later than one year after a municipality's acceptance of required landscaping; or (b)  no later than one year after a municipality's acceptance of required infrastructure, unless the municipality: (i)  determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii)  has substantial evidence, on record: (A)  of prior poor performance by the applicant; or (B)  that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 10-9a-103 Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that: (a)  is required for human occupation; and (b)  an applicant must install: (i)  in accordance with published installation and inspection specifications for public improvements; and (ii)  whether the improvement is public or private, as a condition of: (A)  recording a subdivision plat; (B)  obtaining a building permit; or (C)  development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Internal lot restriction: means a platted note, platted demarcation, or platted designation that: (a)  runs with the land; and (b)  (i)  creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii)  designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103 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 Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; or (b)  a land use application. See Utah Code 10-9a-103 Legislative body: means the municipal council. See Utah Code 10-9a-103 Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103 Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608: (i)  whether or not the lots are located in the same subdivision; and (ii)  with the consent of the owners of record. See Utah Code 10-9a-103 Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2 Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipal utility easement: means an easement that: (a)  is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use; (b)  is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (c)  the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; (d)  is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement; (e)  (i)  is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and (ii)  is located in a utility easement granted for public use; or (f)  is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103 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 organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity: (i)  who is or holds itself out to be: (A)  a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization; (B)  for the benefit of a public safety, law enforcement, or firefighter fraternal association; or (C)  established for any charitable purpose; (ii)  who solicits or obtains contributions solicited from the public for a charitable purpose; or (iii)  in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2 Oversight: Committee review of the activities of a Federal agency or program. Parcel: means any real property that is not a lot. See Utah Code 10-9a-103 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. Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103 Person: means :Utah Code 68-3-12.5 Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103 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. 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. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Professional fund raiser: means a person who: (i)  for compensation or any other consideration, for or on behalf of a charitable organization or any other person: (A)  solicits contributions; or (B)  promotes or sponsors the solicitation of contributions; (ii)  (A)  for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and (B)  at any time has custody of a contribution for the charitable organization; (iii)  engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization; (iv)  manages, supervises, or trains any solicitor whether as an employee or otherwise; or (v)  uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2 Professional fund raising counsel or consultant: means a person who: (i)  for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; (ii)  does not solicit contributions; (iii)  does not at any time have custody of a contribution from solicitation; and (iv)  does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public grant: means the same as the term "grant" is defined in Section 63G-6a-103. See Utah Code 13-22-2 Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103 Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103 Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103 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. Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103 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 solicitation: includes : (i)  any of the following done, or purporting to be done, for a charitable purpose: (A)  any oral or written request, including any request by telephone, radio, television, or other advertising or communications media; (B)  the distribution, circulation, or posting of any handbill, written advertisement, or publication; or (C)  an application or other request for a a private grant or, if made by an individual, a public grant; or (ii)  the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2 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: includes any department, division, or agency of the state. See Utah Code 10-9a-103 Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103 Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that: (i)  vacates all or a portion of the subdivision; (ii)  alters the outside boundary of the subdivision; (iii)  changes the number of lots within the subdivision; (iv)  alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or (v)  alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103 Subpoena: A command to a witness to appear and give testimony. Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2 Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2 Writing: includes :Utah Code 68-3-12.5