Terms Used In Utah Code > Title 13 > Chapter 52 - Residential Solar Energy Disclosure Act

• 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.
• 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.
• Arena: means an enclosed building:

  (a)

  that is managed by: (i)  the same person who owns the enclosed building; (ii)  a person who has a majority interest in each person who owns or manages a space in the enclosed building; or (iii)  a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;

  (b)	that operates as a venue; and

  (c)

  that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102 Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-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 Beer: means a product that: (i)  contains: (A)  at least . See Utah Code 32B-1-102 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. County legislative body: means :Utah Code 68-3-12.5 Customer: means a person who, for primarily personal, family, or household purposes: (a)  purchases a residential solar energy system under a system purchase agreement; (b)  leases a residential solar energy system under a system lease agreement; or (c)  purchases electricity under a power purchase agreement. See Utah Code 13-52-102 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. Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102 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. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 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. 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 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 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 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Person: means :Utah Code 68-3-12.5 Power purchase agreement: means an agreement: (a)  between a customer and a solar retailer; (b)  for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and (c)  that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102 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 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 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. 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 Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102 Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102 Solar retailer: means a person who: (a)  sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement; (b)  owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or (c)  sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102 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 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 Subpoena: A command to a witness to appear and give testimony. System lease agreement: means an agreement: (a)  under which a customer leases a residential solar energy system from a solar retailer; and (b)  that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102 System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102 Tavern: means an on-premise beer retailer who is: (a)  issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and (b)  designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Writing: includes :Utah Code 68-3-12.5