Terms Used In Utah Code > Title 32B > Chapter 14 - Utah Beer Industry Distribution Act

• Account: means the Amusement Ride Safety Restricted Account created in Section 72-16-204. See Utah Code 72-16-102
• 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 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 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. Amusement park: means a permanent indoor or outdoor facility or park where one or more amusement rides are available for use by the general public. See Utah Code 72-16-102 Amusement ride: means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement. See Utah Code 72-16-102 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. 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Committee: means the Utah Amusement Ride Safety Committee created in Section 72-16-201. See Utah Code 72-16-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 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 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 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. Director: means the director of the committee, hired under Section 72-16-202. See Utah Code 72-16-102 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 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 Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102 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 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. 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 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 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 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 Mobile amusement ride: means an amusement ride that is: (a)  designed or adapted to be moved from one location to another; (b)  not fixed at a single location; and (c)  relocated at least once each calendar year. See Utah Code 72-16-102 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 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 Operator: means the individual who controls the starting, stopping, or speed of an amusement ride. See Utah Code 72-16-102 Owner-operator: means the person who has control over and responsibility for the maintenance, setup, and operation of an amusement ride. See Utah Code 72-16-102 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. Permanent amusement ride: means an amusement ride that is not a mobile amusement ride. See Utah Code 72-16-102 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 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 Qualified safety inspector: means an individual who holds a valid qualified safety inspector certification. See Utah Code 72-16-102 Qualified safety inspector certification: means a certification issued by the director under Section 72-16-303. See Utah Code 72-16-102 Quorum: The number of legislators that must be present to do business. 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. Reportable serious injury: means an injury to a rider that: (a)  occurs when there is a failure or malfunction of an amusement ride; and (b)  results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture. See Utah Code 72-16-102 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 Safety inspection certification: means a written document that: (a)  is signed by a qualified safety inspector certifying that: (i)  the qualified safety inspector performed an in-person inspection of an amusement ride to check compliance with the safety standards described in Section 72-16-304 and established by rule; and (ii)  at the time the qualified safety inspector performed the in-person inspection, the amusement ride: (A)  was set up for use by the general public; and (B)  satisfied the safety standards described in Section 72-16-304 and established by rule; and (b)  includes the date on which the qualified safety inspector performed the in-person inspection. See Utah Code 72-16-102 Sales territory: means the geographic area of distribution and sale responsibility designated by a distributorship agreement. See Utah Code 32B-14-102 Serious injury: means an injury to a rider that: (a)  occurs when there is a failure or malfunction of an amusement ride; and (b)  requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician. See Utah Code 72-16-102 Service of process: The service of writs or summonses to the appropriate party. 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 Statute: A law passed by a legislature. 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 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 Writing: includes :Utah Code 68-3-12.5