Terms Used In Utah Code > Title 17 > Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas

• 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
• 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.
• Advisory board: means :

  (a)	for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;

  (b)	for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and

  (c)

  for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101 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 Agricultural land: means "land in agricultural use" as defined in Section 59-2-502. See Utah Code 17-41-601 Agriculture production: includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator. See Utah Code 17-41-101 Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101 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 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. Amortization: Paying off a loan by regular installments. 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. 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 Applicable legislative body: means : (a)  with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area: (i)  the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or (ii)  the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and (b)  with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area: (i)  the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or (ii)  the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. 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 Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 17-41-101 Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102 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 Business entity: means a corporation, partnership, limited liability company, sole proprietorship, or similar entity. See Utah Code 32B-18-101 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Code: means : (a)  the State Construction Code; or (b)  an approved code. See Utah Code 15A-1-202 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 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 Contract: A legal written agreement that becomes binding when signed. 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. County legislative body: means :Utah Code 68-3-12.5 Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101 Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101 Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that: (a)  owns, controls, or manages a critical infrastructure materials operation; and (b)  has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-41-101 Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101 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 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. 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 Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102 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 Oil, Gas, and Mining created in Section 40-6-15. See Utah Code 17-41-101 Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in: (a)  4; and (b)  Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-1-402 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 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. 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 Executor: A male person named in a will to carry out the decedent Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5 Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302 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. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. 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. 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 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 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 Highway: includes :Utah Code 68-3-12.5 HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, 42 U. See Utah Code 15A-1-302 Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101 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 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 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 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. labor dispute: as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Utah Code 34-19-11 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 Legislative action: includes legislation that: (a)  adopts a State Fire Code; (b)  amends a State Fire Code; or (c)  repeals one or more provisions of a State Fire Code. See Utah Code 15A-1-402 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). 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 Local regulator: is a s defined in Section 15A-1-202. See Utah Code 15A-1-302 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 Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that: (a)  in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and (b)  is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 15A-1-302 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 Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019: (a)  owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and (b)  has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101 Mineral deposit: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101 Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code. See Utah Code 15A-1-302 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Municipal: means of or relating to a city or town. See Utah Code 17-41-101 Municipality: means a city or town. See Utah Code 17-41-101 New land: means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit. See Utah Code 17-41-101 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-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101 On-site: means the same as that term is defined in Section 40-8-4. See Utah Code 17-41-101 Open land: includes land described in Subsection (2)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body: (i)  enhance the natural, scenic, or aesthetic qualities of the land; or (ii)  facilitate the public's access to, or use of, the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. See Utah Code 17-41-601 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 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 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Planning commission: means : (a)  a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area; (b)  a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or (c)  a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101 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. Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101 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 Proof of age: means : (i)  an identification card; (ii)  an identification that: (A)  is substantially similar to an identification card; (B)  is issued in accordance with the laws of a state other than Utah in which the identification is issued; (C)  includes date of birth; and (D)  has a picture affixed; (iii)  a valid driver license certificate that: (A)  includes date of birth; (B)  has a picture affixed; and (C)  is issued: (I)  under Title 53, Chapter 3, Uniform Driver License Act; (II)  in accordance with the laws of the state in which it is issued; or (III)  in accordance with federal law by the United States Department of State; (iv)  a military identification card that: (A)  includes date of birth; and (B)  has a picture affixed; or (v)  a valid passport. See Utah Code 32B-1-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public land county: means a county in which over 50% of the land area is publicly owned. See Utah Code 17-41-601 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. 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 Retail license: means one of the following licenses issued under this title: (a)  a full-service restaurant license; (b)  a master full-service restaurant license; (c)  a limited-service restaurant license; (d)  a master limited-service restaurant license; (e)  a bar establishment license; (f)  an airport lounge license; (g)  an on-premise banquet license; (h)  an on-premise beer license; (i)  a reception center license; (j)  a beer-only restaurant license; (k)  a hospitality amenity license; (l)  a resort license; (m)  a hotel license; or (n)  an arena license. See Utah Code 32B-1-102 Retailer: means a beer retailer. See Utah Code 32B-14-102 Ride-sharing arrangement: means either a car-pool, van-pool, or both. See Utah Code 72-12-103 Road: includes :Utah Code 68-3-12.5 Rollback tax funds: means the rollback taxes paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710. See Utah Code 17-41-601 Sales territory: means the geographic area of distribution and sale responsibility designated by a distributorship agreement. See Utah Code 32B-14-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-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 agency: means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 17-41-101 State Construction Code: means the State Construction Code adopted by: (a)  Chapter 2, Adoption of State Construction Code; (b)  Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code; (c)  Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code; (d)  Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and (e)  Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102 State Fire Code: means the State Fire Code adopted by Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 State store: means a facility for the sale of packaged liquor: (i)  located on premises owned or leased by the state; and (ii)  operated by a state employee. See Utah Code 32B-1-102 Statute: A law passed by a legislature. Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102 Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Summons: Another word for subpoena used by the criminal justice system. Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Terminating party: means a supplier or wholesaler who: (a)  is a party to a distributorship agreement; and (b)  seeks to terminate or not renew the distributorship agreement. See Utah Code 32B-14-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unincorporated: means not within a city or town. See Utah Code 17-41-101 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 Vested mining use: means a mining use: (a)  by a mine operator; and (b)  that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101 Violation related to a minor: means a violation under this title: (a)  that is, in whole or in part, based on a retail licensee, or staff of the retail licensee: (i)  selling, offering for sale, or furnishing an alcoholic product to a minor; (ii)  purchasing or otherwise obtaining an alcoholic product for a minor; (iii)  permitting a minor to consume an alcoholic product; (iv)  permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or (v)  offering or providing employment to a minor that under this title may not be obtained by a minor; and (b)  if as part of the violation the minor uses proof of age in violation of 4. See Utah Code 32B-16-102 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102