Terms Used In Utah Code > Title 32B > Chapter 11 - Manufacturing and Related Licenses Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol training and education seminar: means a seminar that is:

  (a)	required by 7; and

  (b)

  described in Section 26B-5-205. See Utah Code 32B-1-102 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. 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. Appraisal: A determination of property value. 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 Automobile graveyard: means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See Utah Code 72-7-202 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 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 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Clearly visible: means capable of being read without obstruction by an occupant of a vehicle traveling on the main traveled way of a street or highway within the visibility area. See Utah Code 72-7-502 Commercial or industrial activities: means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following are commercial or industrial activities: (a)  agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands; (b)  transient or temporary activities; (c)  activities not visible from the main-traveled way; (d)  activities conducted in a building principally used as a residence; and (e)  railroad tracks and minor sidings. See Utah Code 72-7-502 Commercial or industrial zone: means only: (i)  those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations; (ii)  those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations; (iii)  those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that: (A)  are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and (B)  are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; or (iv)  those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes. See Utah Code 72-7-502 Commercial vehicle: includes : (i)  an interstate commercial vehicle; and (ii)  an intrastate commercial vehicle. See Utah Code 72-9-102 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 Committee: means the Utah State Scenic Byway Committee created in Section 72-4-302. See Utah Code 72-4-301 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. 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Comprehensive local zoning ordinances or regulations: means a municipality's comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and 17-27a-501. See Utah Code 72-7-502 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 Construction: includes : (i)  removing vegetation; (ii)  moving obstructions, including rocks, boulders, and outcroppings; (iii)  filling low spots; (iv)  maintenance over several years; (v)  creation of an identifiable route by use over time; and (vi)  other similar activities. See Utah Code 72-5-301 Construction: means the function of constructing or reconstructing a sidewalk with or without curb and gutter and includes land acquisition and engineering or inspection as defined by the rules and regulations of the department. See Utah Code 72-8-102 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 Contiguous: means that a portion of one parcel of land is situated immediately adjacent to, and shares a common boundary with, a portion of another parcel of land. See Utah Code 72-7-502 Contract: A legal written agreement that becomes binding when signed. Controlled group of manufacturers: means as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 32B-1-102 Controlled route: means any route where outdoor advertising control is mandated by state or federal law, including under this part and under the Utah-Federal Agreements described in Section 72-7-501. See Utah Code 72-7-502 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. Corridor: means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it. See Utah Code 72-5-401 Corridor management plan: means a written document: (a)  required to be submitted for a highway to be nominated as a National Scenic Byway or All-American Road that specifies the actions, procedures, controls, operational practices, and administrative strategies to maintain the scenic, historic, recreational, cultural, archeological, and natural qualities of a scenic byway; and (b)  adopted by each municipality or county affected by the corridor management plan. See Utah Code 72-4-301 Corridor preservation: means planning or acquisition processes intended to: (a)  protect or enhance the capacity of existing corridors; and (b)  protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction. See Utah Code 72-5-401 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Curb and gutter: means the area between the roadway and sidewalk designed for water runoff and providing a barrier for safety of pedestrian and vehicular traffic. See Utah Code 72-8-102 Cut-off date: means the earlier of the date the underlying land was reserved for public use or October 21, 1976. See Utah Code 72-5-301 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 Dependent: A person dependent for support upon another. Development: means : (a)  the subdividing of land; (b)  the construction of improvements, expansions, or additions; or (c)  any other action that will appreciably increase the value of and the future acquisition cost of land. See Utah Code 72-5-401 Devise: To gift property by will. Directional signs: means signs containing information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the interest of the traveling public. See Utah Code 72-7-502 Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102 Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being. See Utah Code 72-7-502 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. Ex officio: Literally, by virtue of one's office. Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102 Federal aid primary highway: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102 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. 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 Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Hard cider: means the same as that term is defined in 26 U. See Utah Code 32B-1-102 Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains at least . 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: includes : (i)  pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance; and (ii)  irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water transmission and their attendant access for maintenance. See Utah Code 72-5-301 Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102 Highway service zone: means a highway service area where the primary use of the land is used or reserved for commercial and roadside services other than outdoor advertising to serve the traveling public. See Utah Code 72-7-502 Highway-railroad grade crossing: means : (a)  an intersection where a railroad track crosses a highway at the same level; or (b)  an intersection where the railroad track of a railroad entity crosses the railroad track of another railroad entity at the same level. See Utah Code 72-7-601 Implement of husbandry: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102 Industry representative sample: means liquor that is placed in the possession of the department for testing, analysis, and sampling by a local industry representative on the premises of the department to educate the local industry representative of the quality and characteristics of the product. See Utah Code 32B-1-102 Interchange or intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes, or feeder systems, from or to another federal, state, county, city, or other route. See Utah Code 72-7-502 Interstate system: means any highway officially designated by the department and included as part of the national interstate and defense highways, as provided in the Federal Aid Highway Act of 1956 and any supplemental acts or amendments. See Utah Code 72-1-102 Intrastate commercial vehicle: means a motor vehicle, vehicle, trailer, or semitrailer used or maintained for business, compensation, or profit to transport passengers or property on a highway only within the boundaries of this state if the commercial vehicle: (a)  (i)  has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross combination weight rating or gross combination weight of 26,001 or more pounds, whichever is greater, and is operated by an individual who is 18 years old or older; or (ii)  has a manufacturer's gross vehicle weight rating or gross combination weight rating of 16,001 or more pounds and is operated by an individual who is under 18 years old; (b)  (i)  is designed to transport more than 15 passengers, including the driver; or (ii)  is designed to transport more than 12 passengers, including the driver, and has a manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or more pounds; or (c)  is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 72-9-102 Junk: means old or scrap copper, brass, rope, rags, batteries, plastic, paper, trash, rubber, waste, junked, dismantled, or wrecked automobiles or their parts, and iron, steel, and other old or scrap ferrous or nonferrous material. See Utah Code 72-7-202 Junkyard: means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See Utah Code 72-7-202 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 Legacy: A gift of property made by will. 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 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 Main-traveled way: means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. See Utah Code 72-7-502 Maintain: means to allow to exist, subject to the provisions of this chapter. See Utah Code 72-7-502 Maintenance: means any physical act of upkeep of a highway or repair of wear or damage whether from natural or other causes, including the following: (a)  vertical and horizontal alignment alterations to meet applicable safety standards; (b)  widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards; (c)  grooming and grading of the previously constructed road surface; (d)  establishing and maintaining the road crown with materials gathered along the road; (e)  filling ruts; (f)  spot filling with the same materials of the road, or improved materials; (g)  leveling or smoothing washboards; (h)  clearing the roadway of obstructing debris; (i)  cleaning culverts, including head basins and outlets; (j)  resurfacing with the same or improved materials; (k)  installing, maintaining, repairing and replacing rip rap; (l)  maintaining drainage; (m)  maintaining and repairing washes and gullies; (n)  installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion; (o)  repairing washouts; (p)  installing, maintaining, repairing and replacing marker posts; (q)  installing, maintaining, and repairing water crossings; (r)  installing, maintaining, and repairing and replacing cattle guards; (s)  installing, maintaining, and repairing and replacing road signs; (t)  installing, maintaining, and repairing and replacing road striping; (u)  repair, stabilization and improvement of cut and fill slopes; (v)  application of seal coats; or (w)  snow removal. See Utah Code 72-5-301 Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God. See Utah Code 72-7-502 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 manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102 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 Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship: (i)  (A)  under the control of the United States Department of Defense; or (B)  of the National Guard; (ii)  that is located within the state; and (iii)  including a leased facility. See Utah Code 32B-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 Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102 National highway systems highways: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102 Non-scenic area: means : (a)  any property that is unzoned or zoned for commercial or industrial use adjoining a highway that does not contain at least one of the intrinsic qualities described in Subsection 72-4-303(1)(b) immediately upon the property; or (b)  any property that is unzoned or zoned for commercial or industrial use that contains an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but the intrinsic quality does not represent the primary use of the property. See Utah Code 72-4-301 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-premise sign: means a sign located in an area zoned industrial, commercial, or H-1 and in an area determined by the department to be unzoned industrial or commercial that advertises an activity, service, event, person, or product located on premises other than the premises on which the sign is located. See Utah Code 72-7-502 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 Official map: means a map, drawn by government authorities and recorded in county recording offices that: (a)  shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b)  provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c)  for counties and municipalities may be adopted as an element of the general plan, pursuant to 4, or 4. See Utah Code 72-5-401 Official signs and notices: means signs and notices erected and maintained by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties or responsibilities in accordance with direction or authorization contained in federal, state, or local law. See Utah Code 72-7-502 On-premise sign: means a sign used to advertise the sale or lease of, or activities conducted on, the property on which the sign is located. See Utah Code 72-7-502 Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502 Outdoor advertising corridor: means a strip of land 660 feet wide, measured perpendicular from the edge of a controlled highway right-of-way. See Utah Code 72-7-502 outdoor structure: means any sign structure, including any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor sign. See Utah Code 72-7-502 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. Pedestrian safety devices: means any device or method designed to foster the safety of pedestrian traffic including sidewalks, curbs, gutters, and pedestrian overpasses. See Utah Code 72-8-102 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Point of widening: means the point of the gore or the point where the intersecting lane begins to parallel the other lanes of traffic, but the point of widening may never be greater than 2,640 feet from the center line of the intersecting highway of the interchange or intersection at grade. See Utah Code 72-7-502 Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102 Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. See Utah Code 72-1-102 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 Public assembly facility: means a convention facility as defined under Section 59-12-602 that: (a)  includes all contiguous interests in land, improvements, and utilities acquired, constructed, and used in connection with the operation of the public assembly facility, whether the interests are owned or held in fee title or a lease or easement for a term of at least 40 years, and regardless of whether the interests are owned or operated by separate governmental authorities or districts; (b)  is wholly or partially funded by public money; (c)  requires a person attending an event at the public assembly facility to purchase a ticket or that otherwise charges for the use of the public assembly facility as part of its regular operation; and (d)  has a minimum and permanent seating capacity of at least 10,000 people. See Utah Code 72-7-502 Public lands not reserved for public uses: means the surface of federal lands open to entry and location and includes the surface of lands that are subject to subsurface coal withdrawals or mining claims. See Utah Code 72-5-301 Public Service Commission: means the Public Service Commission of Utah created in Section 54-1-1. See Utah Code 72-7-601 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 Quorum: The number of legislators that must be present to do business. Railroad entity: means an entity, a company, a person, or a public transit provider that owns, controls, operates, or manages a railroad. See Utah Code 72-7-601 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. 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 Relocation: includes the removal of a sign from one situs together with the erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute. See Utah Code 72-7-502 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. Remodel: means the upgrading, changing, alteration, refurbishment, modification, or complete substitution of a new outdoor advertising structure for one permitted pursuant to this part and that is located in a commercial or industrial area. See Utah Code 72-7-502 Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102 Responsible authority: means a private party, the state of Utah, or a political subdivision of the state claiming rights to a highway right-of-way, easement, or right of entry across state lands. See Utah Code 72-5-202 Rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public. See Utah Code 72-7-502 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 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 Segmentation: means : (a)  removing the scenic byway designation from a portion of an existing scenic byway that adjoins a non-scenic area; or (b)  excluding a portion of a highway from a scenic byway designation where the highway adjoins a non-scenic area. See Utah Code 72-4-301 Semitrailer: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 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. Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by: (a)  if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and (b)  excluding beer, heavy beer, or flavored malt beverage the brewer: (i)  manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii)  does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 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 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 lands: means sovereign and trust lands, as well as all other lands held by or on behalf of the departments, divisions, or institutions of the state. See Utah Code 72-5-202 state park access highways: means the highways specified under this part. See Utah Code 72-3-201 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: includes : (1)  highway, public transit facility, and transportation rights-of-way, including those necessary within cities and towns; (2)  the construction, reconstruction, relocation, improvement, maintenance, and mitigation from the effects of these activities on state highways and other transportation facilities, including parking facilities, under the control of the department; (3)  limited access facilities, including rights of access, air, light, and view and frontage and service roads to highways; (4)  adequate drainage in connection with any highway, cut, fill, or channel change and the maintenance of any highway, cut, fill, or channel change; (5)  weighing stations, shops, offices, storage buildings and yards, and road maintenance or construction sites; (6)  road material sites, sites for the manufacture of road materials, and access roads to the sites; (7)  the maintenance of an unobstructed view of any portion of a highway to promote the safety of the traveling public; (8)  the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers, and obstructions for the convenience of the traveling public; (9)  the construction and maintenance of storm sewers, sidewalks, and highway illumination; (10)  the construction and maintenance of livestock highways; (11)  the construction and maintenance of roadside rest areas adjacent to or near any highway; and (12)  the mitigation of impacts from transportation projects. See Utah Code 72-5-102 statewide public safety interest highway: means a designated state highway that serves a compelling statewide public safety interest. See Utah Code 72-3-301 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 Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Tollway development agreement: means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them. See Utah Code 72-6-202 Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102 Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102 Tow truck service: means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck. See Utah Code 72-9-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trailer: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 Transportation: means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier. See Utah Code 72-9-102 Traveled way: means that portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See Utah Code 72-7-502 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Truck tractor: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 UDOT: means the Utah Department of Transportation. See Utah Code 72-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unzoned commercial or industrial area: means : (i)  those areas not zoned by state law or local law, regulation, or ordinance that are occupied by one or more industrial or commercial activities other than outdoor advertising signs; (ii)  the lands along the highway for a distance of 600 feet immediately adjacent to those activities; and (iii)  lands covering the same dimensions that are directly opposite those activities on the other side of the highway, if the department determines that those lands on the opposite side of the highway do not have scenic or aesthetic value. See Utah Code 72-7-502 Urbanized county: means a county with a population of at least 125,000 persons. See Utah Code 72-7-502 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5 Visibility area: means the area on a street or highway that is: (a)  defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; and (b)  defined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is: (i)  perpendicular to the street or highway; and (ii)  500 feet from the base of the billboard. See Utah Code 72-7-502 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5