59-12-702 - Definitions. - Utah Statutes

59-12-702. Definitions.
As used in this part:
(1) "Administrative unit" means a division of a private nonprofit organization orinstitution that:
(a) would, if it were a separate entity, be a botanical organization or culturalorganization; and
(b) consistently maintains books and records separate from those of its parentorganization.
(2) "Botanical organization" means:
(a) a private nonprofit organization or institution having as its primary purpose theadvancement and preservation of plant science through horticultural display, botanical research,and community education; or
(b) an administrative unit.
(3) "Cultural facility" is as defined in Section 59-12-602.
(4) (a) "Cultural organization":
(i) means:
(A) a private nonprofit organization or institution having as its primary purpose theadvancement and preservation of:
(I) natural history;
(II) art;
(III) music;
(IV) theater; or
(V) dance; and
(B) an administrative unit; and
(ii) includes, for purposes of Subsections 59-12-704(1)(d) and (6) only:
(A) a private nonprofit organization or institution having as its primary purpose theadvancement and preservation of history;
(B) a municipal or county cultural council having as its primary purpose theadvancement and preservation of:
(I) history;
(II) natural history;
(III) art;
(IV) music;
(V) theater; or
(VI) dance.
(b) "Cultural organization" does not include:
(i) any agency of the state;
(ii) except as provided in Subsection (4)(a)(ii)(B), any political subdivision of the state;
(iii) any educational institution whose annual revenues are directly derived more than50% from state funds; or
(iv) in a county of the first or second class, any radio or television broadcasting networkor station, cable communications system, newspaper, or magazine.
(5) "Institution" means any of the institutions listed in Subsections 53B-1-102(1)(b)through (k).
(6) "Recreational facility" means any publicly owned or operated park, campground,

marina, dock, golf course, playground, athletic field, gymnasium, swimming pool, trail system,cultural facility, or other facility used for recreational purposes.
(7) "Rural radio station" means a nonprofit radio station based in a county of the third,fourth, fifth, or sixth class.
(8) In a county of the first class, "zoological facilities" means any public, public-privatepartnership, or private nonprofit buildings, exhibits, utilities and infrastructure, walkways,pathways, roadways, offices, administration facilities, public service facilities, educationalfacilities, enclosures, public viewing areas, animal barriers, animal housing, animal carefacilities, and veterinary and hospital facilities related to the advancement, exhibition, orpreservation of mammals, birds, reptiles, or amphibians.
(9) (a) (i) Except as provided in Subsection (9)(a)(ii), "zoological organization" means apublic, public-private partnership, or private nonprofit organization having as its primary purposethe advancement and preservation of zoology.
(ii) In a county of the first class, "zoological organization" means a nonprofitorganization having as its primary purpose the advancement and exhibition of mammals, birds,reptiles, or amphibians to an audience of 75,000 or more persons annually.
(b) "Zoological organization" does not include any agency of the state, educationalinstitution, radio or television broadcasting network or station, cable communications system,newspaper, or magazine.

Amended by Chapter 211, 2010 General Session