§ 17-41-101 Definitions

Terms Used In Utah Code > Title 17 > Chapter 41 > Part 1 - Definitions

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beer: means a product that:
    (i) contains:
    (A) at least . 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
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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.
  • 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 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
  • 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.
  • 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
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • 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
  • 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
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • 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
  • 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
  • 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 :Utah Code 68-3-12.5
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • Unincorporated: means not within a city or town. See Utah Code 17-41-101
  • 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
  • Writing: includes :Utah Code 68-3-12.5