32A-4a-102 (Repealed 07/01/11) - Definitions.
32A-4a-102 (Repealed 07/01/11). Definitions.
As used in this chapter:
(1) "Boundary of a resort building" means the physical boundary of the land reasonablyrelated to a resort building and any structure or improvement to that land as determined by thecommission.
(2) "Dwelling" means a portion of a resort building:
(a) owned by one or more individuals;
(b) that is used or designated for use as a residence by one or more persons; and
(c) that may be rented, loaned, leased, or hired out for a period of no longer than 30consecutive days by a person who uses it for a residence.
(3) "Engaged in the management of the resort" may be defined by the commission byrule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) "Invitee" means an individual who in accordance with Subsection 32A-4a-305(3) isauthorized to use a resort spa by a host who is:
(a) a resident; or
(b) a public customer.
(5) "Provisions applicable to a sublicense" means:
(a) for a restaurant sublicense, Chapter 4, Part 1, Restaurant Liquor Licenses;
(b) for a limited restaurant sublicense, Chapter 4, Part 3, Limited Restaurant Licenses;
(c) for an on-premise banquet sublicense, Chapter 4, Part 4, On-Premise BanquetLicense;
(d) for a resort spa sublicense, Chapter 4a, Part 3, Resort Spa Sublicense;
(e) for a club sublicense, Chapter 5, Club Licenses; and
(f) for an on-premise beer retailer sublicense, Chapter 10, Beer Retailer Licenses.
(6) "Public customer" means an individual who holds a customer card in accordance withSubsection 32A-4a-305(4).
(7) "Resident" means an individual who:
(a) owns a dwelling located within a resort building; or
(b) rents lodging accommodations for 30 consecutive days or less from:
(i) an owner of a dwelling described in Subsection (7)(a); or
(ii) the resort licensee.
(8) "Resort" means a location:
(a) on which is located one resort building; and
(b) that is affiliated with a ski area that physically touches the boundary of the resortbuilding.
(9) "Resort building" means a building:
(a) that is primarily operated for the purpose of providing dwellings or lodgingaccommodations;
(b) that has at least 150 units that consist of a dwelling or lodging accommodations; (c) that consists of at least 400,000 square feet:
(i) including only the building itself; and
(ii) not including areas such as above ground surface parking; and
(d) of which at least 50% of the units described in Subsection (9)(b) consist of dwellingsowned by a person other than the resort licensee.
(10) "Resort spa" means a spa, as defined by rule by the commission made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is within the boundary of aresort building.
(11) "Sublicense" means:
(a) a restaurant sublicense;
(b) a limited restaurant sublicense;
(c) an on-premise banquet sublicense;
(d) a resort spa sublicense;
(e) a club sublicense; or
(f) an on-premise beer retailer sublicense.
(12) "Sublicense premises" means a building, enclosure, room, or equipment usedpursuant to a sublicense in connection with the sale, storage, service, furnishing, or consumptionof an alcoholic product, unless otherwise defined in this title or in the rules adopted by thecommission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session