Sections
§ 2701. Definitions
§ 2702. Expiration date
§ 2702a. Loyalty, award, or promotional gift certificate
§ 2703. Prohibited fees
§ 2704. Redemption of gift certificate for cash
§ 2705. Balance inquiry
§ 2706. Penalty
§ 2707. Exemption
§ 2708. Investigations and complaints; powers of Commissioner
§ 2709. Vermont Consumer Protection Act
§ 2710. Enforcement
§ 2711. Rules

Terms Used In Vermont Statutes > Title 8 > Chapter 81 - Gift Certificates

  • Account: means a demand deposit or share draft (checking) account, savings account, or other comparable consumer asset account (other than an occasional or incidental credit balance in a credit plan) regularly maintained by the consumer at a financial institution or at a credit union. See
  • Adjuster: means any person who investigates claims or negotiates settlement of claims arising under policies of insurance in behalf of insurers under such policies, or who advertises or solicits business from insurers as an adjuster. See
  • 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.
  • Affordable housing: means either of the following:

  • 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.
  • Americans with Disabilities Act: means the federal Americans with Disabilities Act of 1990 and regulations promulgated under the Act, as amended at any time. See
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appraiser: means any person who, for compensation, appraises the loss or damage under policies of automobile insurance on the behalf of the insurers under such policies. See
  • Appropriate municipal panel: means a planning commission performing development review, a board of adjustment, a development review board, or a legislative body performing development review. See
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See
  • Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
  • Commercial risk insurance: means insurance within the scope of this chapter which is not:

  • Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
  • Commissioner: means the Commissioner of Corrections. See
  • Conformance with the plan: means a proposed implementation tool, including a bylaw or bylaw amendment that is in accord with the municipal plan in effect at the time of adoption, when the bylaw or bylaw amendment includes all the following:

  • Consultant: means an individual, resident, or nonresident who, for a fee, holds himself or herself out to the public as engaged in the business of offering any advice, counsel, opinion, or service with respect to the benefits, advantages, or disadvantages promised under any policy of insurance that could be issued in this State. See
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Department: means the Department of Disabilities, Aging, and Independent Living. See
  • Department: means the Department of Corrections. See
  • Devise: To gift property by will.
  • Docket: A log containing brief entries of court proceedings.
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Element: means a component of a plan. See
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • facility: means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement. See
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Financial institution: means an institution as defined in subdivision 11101(32) of this title. See
  • 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.
  • Fluvial erosion: means the erosion or scouring of riverbeds and banks during high flow conditions of a river. See
  • Forest fragmentation: means the division or conversion of a forest block by land development other than by a recreational trail or use exempt from regulation under subsection 4413(d) of this title. See
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift certificate: includes a record that contains a microprocessor chip, magnetic strip, or other means for the storage of information that is prefunded and for which the value is decremented upon each use; a gift card; an electronic gift card; a prepaid access card or certificate; a store card; or a similar record or card. See
  • Hazard area: means land subject to landslides, soil erosion, fluvial erosion, earthquakes, water supply contamination, or other natural or human-made hazards as identified within a "local mitigation plan" enacted under section 4424 of this title and in conformance with and approved pursuant to the provisions of 44 C. See
  • Home care services: include room, board, safety services, household services, and any specialized services to meet the unique needs of the individual. See
  • Inmate: means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her. See
  • Insurance producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See
  • Interview: means an appearance by the inmate at a meeting of the Parole Board. See
  • Intestate: Dying without leaving a will.
  • 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.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Land development: means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. See
  • Law: includes the laws and ordinances of the State, its political subdivisions, and municipalities. See
  • Law enforcement officer: means a State Police officer, a sheriff, a deputy sheriff, a municipal police officer, a constable, the Commissioner, or a member of the Department of Corrections when appointed in writing by the Commissioner and when his or her appointment is filed in the Office of the Secretary of State. See
  • 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
  • Legislative body: means the selectboard in the case of a town, the trustees in the case of an incorporated village, and the mayor, alderpersons, and city council members in the case of a city, and the supervisor in the case of an unorganized town or gore. See
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Limited lines producer: means a person authorized by the Commissioner to sell, solicit, or negotiate limited lines insurance as defined in subchapter 1A of this chapter. See
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
  • Municipal land use permit: means any of the following whenever issued:

  • Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. See
  • National Flood Insurance Program: means the National Flood Insurance Program under 42 U. See
  • New construction: means construction of structures or filling commenced on or after the effective date of the adoption of a community's flood hazard bylaws. See
  • Nonconforming use: means use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a use improperly authorized as a result of error by the administrative officer. See
  • Nonconformity: means a nonconforming use, structure, lot, or parcel. See
  • Offender: means any person convicted of a crime or offense under the laws of this State, and, for purposes of work crew, a person found in civil contempt under 15 V. See
  • Older Americans Act: means the federal Older Americans Act of 1965 and regulations promulgated under the Act, as amended at any time. See
  • Older persons: means individuals who have attained the age of 60 years. See
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Paid value: means the value of any money or other thing of value given in exchange for a gift certificate. See
  • Parole: means the release of an inmate to the community by the Parole Board before the end of the inmate's sentence subject to conditions imposed by the Board and subject to the supervision and control of the Commissioner. See
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Personal property: All property that is not real property.
  • Persons with disabilities: means individual Vermonters who have functional limitations by virtue of physical, psychiatric, cognitive, or psychological conditions. See
  • Plan: means a municipal plan adopted under section 4385 of this title. See
  • Planned unit development: means one or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. See
  • Planning commission: means a planning commission for a municipality created under subchapter 2 of this chapter. See
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promotional value: means any value shown on a gift certificate in excess of the paid value of the gift certificate. See
  • Public notice: means the form of notice prescribed by section 4444, 4449, or 4464 of this title, as the context requires. See
  • Public road: means a State highway as defined in 19 V. See
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means the cost of insurance per exposure base unit, or cost per unit of insurance, prior to the application of individual risk variations based upon loss or expense considerations, and does not include minimum premiums. See
  • Regional plan: means a plan adopted under section 4348 of this title. See
  • Regional planning commission: means a planning commission for a region created under subchapter 3 of this chapter. See
  • Rehabilitation Act: means the federal Rehabilitation Act of 1973 and regulations promulgated under the Act, as amended at any time. See
  • 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.
  • Renewable energy resources: means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources. See
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Review: means an evaluation of an inmate's records without an appearance by the inmate before the Parole Board. See
  • River: means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. See
  • River corridor: means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures. See
  • road: shall include bridges thereon and their approaches. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • segregation: means a form of separation from the general population that may or may not include placement in a single-occupancy cell and that is used for disciplinary, administrative, or other reasons, but shall not mean confinement to an infirmary or a residential treatment setting for purposes of evaluation, treatment, or provision of services. See
  • 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.
  • Should: means that an activity is encouraged but not mandated. See
  • Social Security Act: means the federal Social Security Act and regulations promulgated under the Act, as amended at any time. See
  • Structure: means an assembly of materials for occupancy or use, including a building, mobile home or trailer, sign, wall, or fence. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Supervised community sentence: means a form of imprisonment to be served outside the walls of a correctional facility, subject to the rules of the Commissioner and subject to revocation and incarceration pursuant to this chapter. See
  • Supervising officer: means the highest administrative officer in charge of any correctional facility. See
  • Surplus lines insurance broker: means an individual who solicits, negotiates, or procures a policy of insurance in an insurance company not licensed to transact business in this State which cannot be procured from insurers licensed to do business in this State. See
  • sworn: shall include affirmed. See
  • Technical deficiency: means a defect in a proposed plan or bylaw, or an amendment or repeal thereof, correction of which does not involve substantive change to the proposal, including corrections to grammar, spelling, and punctuation, as well as the numbering of sections. See
  • Telecommunications facility: means a tower or other support structure, including antennae, that will extend 20 or more feet vertically, and related equipment, and base structures to be used primarily for communication or broadcast purposes to transmit or receive communication or broadcast signals. See
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Village: shall mean an incorporated village. See
  • Wetlands: means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. See