Terms Used In Utah Code > Title 32B > Chapter 10 - Special Use Permit Act

• Accredited: means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. See Utah Code 71A-4-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Administrator: means a state veterans nursing home administrator selected in accordance with Section 71A-6-103. See Utah Code 71A-6-101
• 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.
• 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.
• 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.
• 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
• Armed forces: means the same as that term is defined in Section 68-3-12. See Utah Code 71A-1-101
• Assistance: means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. See Utah Code 71A-4-101
• Beer: means a product that:

  (i)

  contains: (A)  at least . See Utah Code 32B-1-102 Board: means any state veterans nursing home advisory board. See Utah Code 71A-6-101 Circulator alley: means a publicly owned passageway: (a)  with a right-of-way width of 20 feet or greater; (b)  located within a master planned community; (c)  established by the city having jurisdictional authority as part of the street network for traffic circulation that may also be used for: (i)  garbage collection; (ii)  access to residential garages; or (iii)  access rear entrances to a commercial establishment; and (d)  constructed with a bituminous or concrete pavement surface. See Utah Code 72-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claimant: means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives. See Utah Code 71A-4-101 Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102 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. Council: means the Veterans Advisory Council. See Utah Code 71A-1-101 County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101 Dependent: A person dependent for support upon another. Donor: The person who makes a gift. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. 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 director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102 Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71A-1-101 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. Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 72-1-102 Fixed guideway capital development: includes : (i)  a project to strategically double track commuter rail lines; and (ii)  a project to develop and construct public transit facilities and related infrastructure pertaining to the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 72-1-102 Fraud: Intentional deception resulting in injury to another. Fund: means the State Infrastructure Bank Fund created under Section 72-2-202. See Utah Code 72-2-201 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Greenfield: means the same as that term is defined in Section 17C-1-102. See Utah Code 72-1-102 health care facility: means a facility that is licensed by the Department of Health and Human Services under 2. See Utah Code 32B-10-702 Health care practitioner: means : (a)  a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b)  an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act; (c)  a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (d)  a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act; (e)  a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (f)  a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act; (g)  an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act; (h)  a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act; (i)  a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (j)  a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act; (k)  an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (l)  a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and (m)  a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102 Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102 Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102 Home: means any state veterans nursing home. See Utah Code 71A-6-101 hospitality room: means a room or facility: (1)  that a public service permittee operates; and (2)  in which an alcoholic product is sold, offered for sale, furnished, or consumed. See Utah Code 32B-10-302 Housing and transit reinvestment zone: means the same as that term is defined in Section 63N-3-602. See Utah Code 72-1-102 Infrastructure assistance: means any use of fund money, except an infrastructure loan, to provide financial assistance for transportation projects or publicly owned infrastructure projects, including: (a)  capital reserves and other security for bond or debt instrument financing; or (b)  any letters of credit, lines of credit, bond insurance, or loan guarantees obtained by a public entity to finance transportation projects. See Utah Code 72-2-201 Infrastructure loan: means a loan of fund money to finance a transportation project or publicly owned infrastructure project. See Utah Code 72-2-201 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 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 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 Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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 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 Limited-access facility: means a highway especially designated for through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 72-1-102 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. 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 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 Master planned community: means a land use development: (a)  designated by the city as a master planned community; and (b)  comprised of a single development agreement for a development larger than 500 acres. See Utah Code 72-1-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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. 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 Oversight: Committee review of the activities of a Federal agency or program. 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. Permittee: means a person issued a permit under: (a)  Chapter 9, Event Permit Act; or (b)  Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102 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 Prescription: means an order issued by a health care practitioner when: (a)  the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes; (b)  the order is made in the course of that health care practitioner's professional practice; and (c)  the order is made for obtaining an alcoholic product for medicinal purposes only. 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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102 Public entity: means a state agency, county, municipality, special district, special service district, an intergovernmental entity organized under state law, or the military installation development authority created in Section 63H-1-201. See Utah Code 72-2-201 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. public officer: means the same as that term is defined in Section 67-16-3. See Utah Code 71A-8-101 Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102 Public transit facility: means a fixed guideway, transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility: (a)  leased by or operated by or on behalf of a public transit district; and (b)  related to the public transit services provided by the district, including: (i)  railway or other right-of-way; (ii)  railway line; and (iii)  a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 72-1-102 Publicly owned infrastructure project: means a project to improve sewer or water infrastructure that is owned by a public entity. See Utah Code 72-2-201 Quorum: The number of legislators that must be present to do business. 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. Record: includes : (i)  a book; (ii)  a book of account; (iii)  a paper; (iv)  a contract; (v)  an agreement; (vi)  a document; or (vii)  a recording in any medium. See Utah Code 32B-1-102 Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102 Road: includes :Utah Code 68-3-12.5 Service member: means a currently serving member of the armed forces. See Utah Code 71A-1-101 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 special use permit issued under this chapter, including: (1)  a religious wine use permit; (2)  an industrial or manufacturing use permit; (3)  a scientific or educational use permit; and (4)  a public service permit. See Utah Code 32B-10-102 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 highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102 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 State transportation purposes: has the meaning set forth in Section 72-5-102. See Utah Code 72-1-102 State transportation systems: means all streets, alleys, roads, highways, pathways, and thoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of conveyance used by the public. See Utah Code 72-1-102 Statute: A law passed by a legislature. Store: means to place or maintain in a location an alcoholic product. 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 Transportation reinvestment zone: means a transportation reinvestment zone created pursuant to Section 11-13-227. See Utah Code 72-1-102 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 VA benefits: means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38. See Utah Code 71A-4-101 Veteran: includes all eligible dependents. See Utah Code 71A-4-101 Veteran: means the same as that term is defined in Section 68-3-12. See Utah Code 71A-1-101 Veterans service organization: means an organization or individual accredited by the VA Office of General Counsel or recognized by the department whose purpose is to serve service members and veterans, their spouses, surviving spouses, and children. See Utah Code 71A-1-101 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5