Terms Used In Utah Code > Title 17 > Chapter 41 > Part 4 - Protection of Land in a Protection Area

• 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 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. 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. 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 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 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. 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 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. Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102 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. 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. Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and 2. See Utah Code 32B-1-102 Highway: includes :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 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. 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 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. 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 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 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 Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101 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 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 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 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 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: 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 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 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 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. 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. United States: includes each state, district, and territory of the United States of America. See 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 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102