Terms Used In Utah Code > Title 13 > Chapter 23 - Health Spa Services Protection 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 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 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2 Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (a)  Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution Article I, Section 22. See Utah Code 10-9a-103 Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2 Contract: A legal written agreement that becomes binding when signed. 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Division: means the Division of Consumer Protection. See Utah Code 13-23-2 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. 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 Geologic hazard: means : (a)  a surface fault rupture; (b)  shallow groundwater; (c)  liquefaction; (d)  a landslide; (e)  a debris flow; (f)  unstable soil; (g)  a rock fall; or (h)  any other geologic condition that presents a risk: (i)  to life; (ii)  of substantial loss of real property; or (iii)  of substantial damage to real property. See Utah Code 10-9a-103 Health spa: means a business enterprise that provides access to a facility: (i)  for a charge or a fee; and (ii)  for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 Health spa facility: means a facility to which a business entity provides access: (a)  for a charge or a fee; and (b)  for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 Health spa service: includes a personal training service. See Utah Code 13-23-2 Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to: (a)  recommend land use regulations to preserve local historic districts or areas; and (b)  administer local historic preservation land use regulations within a local historic district or area. 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. 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 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 Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2 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 Remand: When an appellate court sends a case back to a lower court for further proceedings. 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. Service of process: The service of writs or summonses to the appropriate party. 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 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5