reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 2 - Construction and purposes of act.

13-11-2.
Construction and purposes of act.
This act shall be construed liberally to promote the following policies:
(1) to simplify, clarify, and modernize the law governing consumer sales practices;
(2) to protect consumers from suppliers who commit deceptive and unconscionable sales practices;
(3) to encourage the development of fair consumer sales practices;
(4) to make state regulation of consumer sales practices not inconsistent with the policies of the Federal Trade Commission Act relating to consumer protection;
(5) to make uniform the law, including the administrative rules, with respect to the subject of this act among those states which enact similar laws; and
(6) to recognize and protect suppliers who in good faith comply with the provisions of this act.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 3 - Definitions.

13-11-3.
Definitions.
As used in this chapter:
(1) "Charitable solicitation" means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. A charitable solicitation may be made in any manner, including:
(a) any oral or written request, including a telephone request;
(b) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
(c) the sale of, offer or attempt to sell, or request of donations for any book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, flower, flag, button, sticker, ribbon, token, trinket, tag, souvenir, candy, or any other article in connection with which any appeal is made for any charitable purpose, or where the name of any charitable organization or movement is used or referred to as an inducement or reason for making any purchase donation, or where, in connection with any sale or donation, any statement is made that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. A charitable solicitation is considered complete when made, whether or not the organization or person making the solicitation receives any contribution or makes any sale.
(2)
(a) "Consumer transaction" means a sale, lease, assignment, award by chance, or other written or oral transfer or disposition of goods, services, or other property, both tangible and intangible (except securities and insurance) to, or apparently to, a person for:
(i) primarily personal, family, or household purposes; or
(ii) purposes that relate to a business opportunity that requires:
(A) expenditure of money or property by the person described in Subsection (2)(a); and
(B) the person described in Subsection (2)(a) to perform personal services on a continuing basis and in which the person described in Subsection (2)(a) has not been previously engaged.
(b) "Consumer transaction" includes:
(i) any of the following with respect to a transfer or disposition described in Subsection (2)(a):
(A) an offer;
(B) a solicitation;
(C) an agreement; or
(D) performance of an agreement; or
(ii) a charitable solicitation.
(3) "Enforcing authority" means the Division of Consumer Protection.
(4) "Final judgment" means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired.
(5) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.
(6) "Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer.
Amended by Chapter 55, 2004 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 5 - Unconscionable act or practice by supplier.

13-11-5.
Unconscionable act or practice by supplier.
(1) An unconscionable act or practice by a supplier in connection with a consumer transaction violates this act whether it occurs before, during, or after the transaction.
(2) The unconscionability of an act or practice is a question of law for the court. If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making its determination.
(3) In determining whether an act or practice is unconscionable, the court shall consider circumstances which the supplier knew or had reason to know.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 6 - Service of process.

13-11-6.
Service of process.
(1) In addition to any other method provided by rule or statute, personal jurisdiction over a supplier may be acquired in a civil action or proceeding instituted in the district court by the service of process as provided in Subsection (3).
(2)
(a) A supplier that engages in any act or practice in this state governed by this chapter, or engages in a consumer transaction subject to this chapter, may designate an agent upon whom service of process may be made in the state.
(b) A designation of an agent under Subsection (2)(a) shall be in writing and filed with the Division of Corporations and Commercial Code.
(c) An agent designated under this Subsection (2) shall be a resident of or a corporation authorized to do business in the state.
(3)
(a) Subject to Subsection (3)(b), process upon a supplier may be served as provided in Section 16-17-301 if:
(i) a designation is not made and filed under Subsection (2); or
(ii) process cannot be served in the state upon the designated agent.
(b) Service upon a supplier is not effective unless the plaintiff promptly mails a copy of the process and pleadings by registered or certified mail to the defendant at the defendant's last reasonably ascertainable address.
(c) The plaintiff shall file an affidavit of compliance with this section:
(i) with the clerk of the court; and
(ii) on or before the return day of the process, if any, or within any future time the court allows.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 7 - Duties of enforcing authority -- Confidentiality of identity of persons investigated -- Civil penalty for violation of restraining or injunctive orders.

13-11-7.
Duties of enforcing authority -- Confidentiality of identity of persons investigated -- Civil penalty for violation of restraining or injunctive orders.
(1) The enforcing authority shall:
(a) enforce this chapter throughout the state;
(b) cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes;
(c) inform consumers and suppliers on a continuing basis of the provisions of this chapter and of acts or practices that violate this chapter including mailing information concerning final judgments to persons who request it, for which he may charge a reasonable fee to cover the expense;
(d) receive and act on complaints; and
(e) maintain a public file of final judgments rendered under this chapter that have been either reported officially or made available for public dissemination under Subsection (1)(c), final consent judgments, and to the extent the enforcing authority considers appropriate, assurances of voluntary compliance.
(2) In carrying out his duties, the enforcing authority may not publicly disclose the identity of a person investigated unless his identity has become a matter of public record in an enforcement proceeding or he has consented to public disclosure.
(3) On motion of the enforcing authority, or on its own motion, the court may impose a civil penalty of not more than $5,000 for each day a temporary restraining order, preliminary injunction, or permanent injunction issued under this chapter is violated, if the supplier received notice of the restraining or injunctive order. Civil penalties imposed under this section shall be paid to the General Fund.
Amended by Chapter 92, 1987 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 8 - Powers of enforcing authority.

13-11-8.
Powers of enforcing authority.
(1) The enforcing authority may conduct research, hold public hearings, make inquiries, and publish studies relating to consumer sales acts or practices.
(2) The enforcing authority shall adopt substantive rules that prohibit with specificity acts or practices that violate Section 13-11-4 and appropriate procedural rules.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 9 - Rule-making requirements.

13-11-9.
Rule-making requirements.
(1) In addition to complying with other rule-making requirements imposed by this act, the enforcing authority shall:
(a) adopt as a rule a description of the organization of his office, stating the general course and method of operation of his office and method whereby the public may obtain information or make submissions or requests;
(b) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of the forms and instructions used by the enforcing authority of his office; and
(c) make available for public inspection all rules, written statements of policy, and interpretations formulated, adopted, or used by the enforcing authority in discharging his functions.
(2) A rule of the enforcing authority is invalid, and may not be invoked by the enforcing authority for any purpose, until it has been made available for public inspection under Subsection (1). This provision does not apply to a person who has knowledge of a rule before engaging in an act or practice that violates this act.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 16 - Investigatory powers of enforcing authority.

13-11-16.
Investigatory powers of enforcing authority.
(1) If, by his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, is engaging in, or is about to engage in an act or practice that violates this act, he may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence.
(2) If matter that the enforcing authority subpoenas is located outside this state, the person subpoenaed may either make it available to the enforcing authority at a convenient location within the state or pay the reasonable and necessary expenses for the enforcing authority or his representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.
(3) Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the court for an order compelling compliance.
(4) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
Amended by Chapter 296, 1997 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 17.5 - Costs and attorney's fees.

13-11-17.5.
Costs and attorney's fees.
Any judgment granted in favor of the enforcing authority in connection with the enforcement of this chapter shall include, in addition to any other monetary award or injunctive relief, an award of reasonable attorney's fees, court costs, and costs of investigation.
Enacted by Chapter 105, 1987 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 18 - Noncompliance by supplier subject to other state supervision -- Cooperation of enforcing authority and other official or agency.

13-11-18.
Noncompliance by supplier subject to other state supervision -- Cooperation of enforcing authority and other official or agency.
(1) If the enforcing authority receives a complaint or other information relating to noncompliance with this act by a supplier who is subject to other supervision in this state, the enforcing authority shall inform the official or agency having that supervision. The enforcing authority may request information about suppliers from the official or agency.
(2) The enforcing authority and any other official or agency in this state having supervisory authority over a supplier shall consult and assist each other in maintaining compliance with this act. Within the scope of their authority, they may jointly or separately make investigations, prosecute suits, and take other official action they consider appropriate.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 21 - Settlement of class action -- Complaint in class action delivered to enforcing authority.

13-11-21.
Settlement of class action -- Complaint in class action delivered to enforcing authority.
(1)
(a) A defendant in a class action may file a written offer of settlement. If it is not accepted within a reasonable time by a plaintiff class representative, the defendant may file an affidavit reciting the rejection. The court may determine that the offer has enough merit to present to the members of the class. If it so determines, it shall order a hearing to determine whether the offer should be approved. It shall give the best notice of the hearing that is practicable under the circumstances, including notice to each member who can be identified through reasonable effort. The notice shall specify the terms of the offer and a reasonable period within which members of the class who request it are entitled to be included in the class. The statute of limitations for those who are excluded pursuant to this Subsection (1) is tolled for the period the class action has been pending, plus an additional year.
(b) If a member who has previously lost an opportunity to be excluded from the class is excluded at his request in response to notice of the offer of settlement during the period specified under Subsection (1)(a), he may not thereafter participate in a class action for damages respecting the same consumer transaction, unless the court later disapproves the offer of settlement or approves a settlement materially different from that proposed in the original offer of settlement. After the expiration of the period of limitations, a member of the class is not entitled to be excluded from it.
(c) If the court later approves the offer of settlement, including changes, if any, required by the court in the interest of a just settlement of the action, it shall enter judgment, which is binding on all persons who are then members of the class. If the court disapproves the offer or approves a settlement materially different from that proposed in the original offer, notice shall be given to a person who was excluded from the action at his request in response to notice of the offer under Subsection (1)(a), and he is entitled to rejoin the class and, in the case of the approval, participate in the settlement.
(2) On the commencement of a class action under Section 13-11-19, the class representative shall mail by certified mail with return receipt requested or personally serve a copy of the complaint on the enforcing authority. Within 30 days after the receipt of a copy of the complaint, but not thereafter, the enforcing authority may intervene in the class action.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 22 - Exemptions from application of act.

13-11-22.
Exemptions from application of act.
(1) This act does not apply to:
(a) an act or practice required or specifically permitted by or under federal law, or by or under state law;
(b) a publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter so far as the information or matter has been disseminated or reproduced on behalf of others without actual knowledge that it violated this act;
(c) claim for personal injury or death or claim for damage to property other than the property that is the subject of the consumer transaction;
(d) credit terms of a transaction otherwise subject to this act; or
(e) any public utility subject to the regulating jurisdiction of the Public Service Commission of the state of Utah.
(2) A person alleged to have violated this act has the burden of showing the applicability of this section.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11 - Utah Consumer Sales Practices Act › Section 23 - Other remedies available -- Class action only as prescribed by act.

13-11-23.
Other remedies available -- Class action only as prescribed by act.
The remedies of this act are in addition to remedies otherwise available for the same conduct under state or local law, except that a class action relating to a transaction governed by this act may be brought only as prescribed by this act.
Enacted by Chapter 188, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11a - Truth in Advertising › Section 1 - Purpose.

13-11a-1.
Purpose.
The purpose of this chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. This chapter is to be construed to accomplish that purpose and not to prohibit any particular form of advertising so long as it is truthful and not otherwise misleading or deceptive.
Enacted by Chapter 205, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11a - Truth in Advertising › Section 4 - Jurisdiction of district courts -- Injunctive relief -- Damages -- Attorneys' fees -- Corrective advertising -- Notification required.

13-11a-4.
Jurisdiction of district courts -- Injunctive relief -- Damages -- Attorneys' fees -- Corrective advertising -- Notification required.
(1) The district courts of this state have jurisdiction over any supplier as to any act or practice in this state governed by this chapter or as to any claim arising from a deceptive trade practice as defined in this chapter.
(2)
(a) Any person or the state may maintain an action to enjoin a continuance of any act in violation of this chapter and, if injured by the act, for the recovery of damages. If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from continuance of the violation. It is not necessary that actual damages be proven.
(b) In addition to injunctive relief, the plaintiff is entitled to recover from the defendant the amount of actual damages sustained or $2,000, whichever is greater.
(c) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court shall award attorneys' fees to the prevailing party.
(3) The court may order the defendant to promulgate corrective advertising by the same media and with the same distribution and frequency as the advertising found to violate this chapter.
(4) The remedies of this section are in addition to remedies otherwise available for the same conduct under state or local law.
(5) No action for injunctive relief may be brought for a violation of this chapter unless the complaining person first gives notice of the alleged violation to the prospective defendant and provides the prospective defendant an opportunity to promulgate a correction notice by the same media as the allegedly violating advertisement. If the prospective defendant does not promulgate a correction notice within 10 days of receipt of the notice, the complaining person may file a lawsuit under this chapter.
Enacted by Chapter 205, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11a - Truth in Advertising › Section 5 - Exemptions.

13-11a-5.
Exemptions.
This chapter does not apply to:
(1) conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;
(2) publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3) actions or appeals pending on the effective date of this chapter.
Enacted by Chapter 205, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 11a - Truth in Advertising › Section 6 - Truth in music advertising -- Exemptions -- Penalties.

13-11a-6.
Truth in music advertising -- Exemptions -- Penalties.
(1) A person may not advertise or conduct a live musical performance by a performing group by using a false, deceptive, or otherwise misleading affiliation between a performing group and a recording group of the same name.
(2) This section does not apply to:
(a) a performing group that is the registrant and owner of a registered federal service mark for the group name;
(b) a performance by a performing group that is clearly identified in all advertising and promotional materials as a salute or tribute;
(c) a performing group at least one member of which was a member of the recording group and has a legal right to use of the group name;
(d) the advertising does not relate to a live musical performance occurring in this state; or
(e) a performance authorized in writing by the recording group.
(3)
(a) This section may be enforced by bringing an action in the district court for any county in which the live musical performance is advertised or conducted.
(b) A party injured by a violation of this section may obtain an injunction and recover actual damages.
(c) The prevailing party in an action under Subsection (3)(a) may be awarded costs and attorney fees.
Enacted by Chapter 133, 2009 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 2 - Definitions.

13-12-2.
Definitions.
As used in this act:
(1) "Distributor" means any person engaged in the refining of gasoline or motor fuels, who is engaged in the sale, consignment, or distribution of gasoline and oil products through retail outlets which it owns, leases, or otherwise controls, and who maintains an oral or written contractual relationship with a dealer for the sale of the products.
(2) "Dealer" means any person engaged in the retail sale of gasoline products under a marketing agreement entered into with a distributor, other than a person who is an employee of a distributor.
(3) "Refiner" means a person engaged in the refining of oil products.
(4) "Marketing agreement" means any agreement or contract between a refiner or a distributor or a distributor and or retailer or between a refiner and a distributor, under which such retailer or distributor is granted authority to use a trade mark, trade name, service mark, or other identifying symbol or name owned by such refiner or distributor, or any agreement or contract between such parties under which a retailer or distributor is granted authority to occupy premises owned, leased, or in any way controlled by a party to such agreement or contract, for the purpose of engaging in the distribution or sale of petroleum products for purposes other than resale.
(5) "Engaged in the retail sale of gasoline products" means that at least 30% of the dealer's gross revenue is derived from the retail sale of gasoline products.
(6) "Retail" means the sale of products for purposes other than resale.
Enacted by Chapter 6, 1975 Special Session 1
Enacted by Chapter 6, 1975 Special Session 1
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 4 - Cancellation provisions -- Dealer or distributor -- Time limit to exercise.

13-12-4.
Cancellation provisions -- Dealer or distributor -- Time limit to exercise.
(1) Every dealer or distributor shall have the right, which may not be waived, to cancel his marketing agreement until midnight of the seventh business day after the day on which the buyer signs the marketing agreement or, if that agreement is oral, after the day on which the buyer agrees thereto.
(2) Notice of cancellation shall be deemed to have been given when it is addressed to the distributor's or refiner's last known address, postage prepaid, and certified with a return receipt requested.
(3) Unless within 10 days after delivery of that notice of cancellation the dealer returns to the distributor or refiner any money, equipment or merchandise loaned, sold or delivered to the dealer and delivers up full possession of the business location to the distributor or refiner, that notice of cancellation shall be null and void ab initio.
(4)
(a) Except as provided in this subsection, within 10 days after notice of cancellation is delivered to him, the distributor or refiner shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the distributor or refiner. If the distributor or refiner fails to tender the goods as provided by this subsection, the dealer may elect to recover an amount equal to the allowance established by their agreement.
(c) Notwithstanding the provisions of Subsection (3) until the distributor or refiner has complied with the obligations imposed by this subsection, the dealer may retain possession of goods delivered to him by the distributor or refiner and has a lien on the goods in his possession or control for any recovery to which he is entitled.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 5 - Death of dealer or lessee -- Distributor to cooperate with heirs -- Offer to purchase -- Reasonable access to premises.

13-12-5.
Death of dealer or lessee -- Distributor to cooperate with heirs -- Offer to purchase -- Reasonable access to premises.
Upon the death of a dealer or lessee who operates under a marketing agreement, the distributor shall cooperate with the heirs or successors. Such cooperation shall include, but not be limited to, an offer to repurchase salable merchandise and equipment owned by the dealer at the fair market value not to exceed original invoice price and to permit the heirs or successors reasonable access to the premises for a reasonable period of time.
Enacted by Chapter 6, 1975 Special Session 1
Enacted by Chapter 6, 1975 Special Session 1
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 6 - Distributor electing not to continue doing business in state -- Repurchase merchandise.

13-12-6.
Distributor electing not to continue doing business in state -- Repurchase merchandise.
If a distributor elects to discontinue doing business in the state of Utah during the term of a marketing agreement with the dealer, the distributor shall repurchase merchandise in salable condition at a fair wholesale market value not to exceed original invoice price which the dealer has purchased from the distributor.
Enacted by Chapter 6, 1975 Special Session 1
Enacted by Chapter 6, 1975 Special Session 1
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 7 - District court's jurisdiction over violations -- Equitable relief -- Attorney's fees and costs -- Action for failure to renew -- Damages limited.

13-12-7.
District court's jurisdiction over violations -- Equitable relief -- Attorney's fees and costs -- Action for failure to renew -- Damages limited.
The district courts for the district wherein the dealer resides or wherein the dealership was to be established shall have jurisdiction over any action involving a violation of this act. In addition to such relief as may be available at common law, the courts may grant such equitable relief, both interim and final, as may be necessary to remedy those violations including declaratory judgments, injunctive relief, and punitive damages as well as actual damages. The prevailing party may, in the court's sole discretion, be awarded attorney's fees and expert witness fees in addition to such other relief as the court may deem equitable. In any action for failure to renew an agreement, damages shall be limited to actual damages, including the value of the dealer's equity in the dealership, together with reasonable attorney's fees and costs.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 12 - Gasoline Products Marketing Act › Section 8 - Marketing agreements applicable after effective date.

13-12-8.
Marketing agreements applicable after effective date.
This act shall apply to all marketing agreements made, renewed, or amended after the effective date of this act.
Enacted by Chapter 6, 1975 Special Session 1
Enacted by Chapter 6, 1975 Special Session 1
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 13 - Motion Picture Fair Licensing Act › Section 2 - Definitions.

Effective 5/12/2015
13-13-2.
Definitions.
As used in this chapter:
(1) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors.
(2) "Exhibitor" means any person engaged in the business of operating a theatre in this state.
(3) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state.
(4) "Theatre" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
Amended by Chapter 291, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 13 - Motion Picture Fair Licensing Act › Section 4 - Payment of percentage of receipts.

13-13-4.
Payment of percentage of receipts.
If an exhibitor is required by a license agreement to make any payment to the distributor that is based on a percentage of the theatre box office receipts the license agreement may not require a guarantee of a minimum payment to the distributor or require the exhibitor to charge any per capita amount for ticket sales.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 13 - Motion Picture Fair Licensing Act › Section 6 - Provisions waiving or violating act void.

Effective 5/12/2015
13-13-6.
Provisions waiving or violating act void.
Any provision of a license agreement that fails to comply with this act is void and unenforceable.
Amended by Chapter 291, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 13 - Motion Picture Fair Licensing Act › Section 7 - Violation an infraction.

Effective 5/8/2018
13-13-7.
Violation an infraction.
It is unlawful for any person to willfully violate any provision of this chapter. A violation of this chapter is an infraction.
Amended by Chapter 433, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 101 - Title -- Legislative purpose.

13-14-101.
Title -- Legislative purpose.
(1) This chapter shall be cited as the "New Automobile Franchise Act."
(2) The Legislature finds that:
(a) The distribution and sales of new motor vehicles through franchise arrangements in the state vitally affects the general economy of the state, the public interest, and the public welfare. A substantial inequality of bargaining power between motor vehicle franchisors and motor vehicle franchisees enables a franchisor:
(i) to compel a franchisee to execute agreements that contain terms and conditions that a franchisee generally would not be agreed to absent the compulsion and duress that arise out of the inequality of bargaining power; and
(ii) in some cases to terminate a franchise without good cause, or to force a franchisee out of business by the use of unfair practices.
(b) Termination of franchises, without good cause or by unfair means:
(i) diminishes competition and, as a result, leads to higher retail prices and fewer purchase options;
(ii) adversely affects communities that depend on a franchisee to make available motor vehicles for sale or lease and to provide warranty work and other services related to vehicles; and
(iii) undercuts expectations of consumers concerning the availability of future services including warranty work from the franchisee.
(c) To promote the public welfare and in the exercise of the state's police powers, it is necessary to establish statutory guidelines regulating the relationship between franchisors and franchisees in the motor vehicle industry.
Enacted by Chapter 277, 1996 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 104 - Powers and duties of the advisory board and the executive director.

Effective 5/12/2015
13-14-104.
Powers and duties of the advisory board and the executive director.
(1)
(a) Except as provided in Subsection 13-14-106(3), the advisory board shall make recommendations to the executive director on the administration and enforcement of this chapter, including adjudicative and rulemaking proceedings.
(b) The executive director shall:
(i) consider the advisory board's recommendations; and
(ii) issue any rules or final decisions by the department.
(2) The executive director, in consultation with the advisory board, shall make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) In an adjudicative proceeding under this chapter, any order issued by the executive director:
(i) shall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) if the order modifies or rejects a finding of fact in a recommendation from the advisory board, shall be made on the basis of information learned from the executive director's:
(A) personal attendance at the hearing; or
(B) review of the record developed at the hearing.
(4) The executive director's decision under this section shall be made available to the public.
Amended by Chapter 268, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 105 - Registration -- Fees.

13-14-105.
Registration -- Fees.
(1) A franchisee or franchisor doing business in this state shall:
(a) annually register or renew its registration with the department in a manner established by the department; and
(b) pay an annual registration fee in an amount determined by the department in accordance with Sections 13-1-2 and 63J-1-504.
(2) The department shall register or renew the registration of a franchisee or franchisor if the franchisee or franchisor complies with this chapter and rules made by the department under this chapter.
(3) A franchisee or franchisor registered under this section shall comply with this chapter and any rules made by the department under this chapter including any amendments to this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
(4) The fee imposed under Subsection (1)(b) shall be collected by the department and deposited into the Commerce Service Account created by Section 13-1-2.
(5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of a franchisor does not need to be registered under this section if the franchisor is registered under this section.
Amended by Chapter 278, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 106 - Administrative proceedings commenced by the agency.

13-14-106.
Administrative proceedings commenced by the agency.
(1) Except as provided in Subsection (3), after a hearing and after receipt of the advisory board's recommendation, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may:
(a) issue a cease and desist order; and
(b) assess an administrative fine.
(2)
(a) In determining the amount and appropriateness of an administrative fine under Subsection (1), the executive director shall consider:
(i) the gravity of the violation;
(ii) any history of previous violations; and
(iii) any attempt made by the person to retaliate against another person for seeking relief under this chapter or other federal or state law relating to the motor vehicle industry.
(b) In addition to any other action permitted under Subsection (1), the department may file an action with a court seeking to enforce the executive director's order and pursue the executive director's assessment of a fine in an amount not to exceed $5,000 for each day a person violates an order of the executive director.
(3)
(a) In addition to the grounds for issuing an order on an emergency basis listed in Subsection 63G-4-502(1), the executive director may issue an order on an emergency basis if the executive director determines that irreparable damage is likely to occur if immediate action is not taken.
(b) In issuing an emergency order under Subsection (3)(a) the executive director shall comply with the requirements of Subsections 63G-4-502(2) and (3).
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 107 - Administrative proceedings -- Request for agency action.

13-14-107.
Administrative proceedings -- Request for agency action.
(1)
(a) A person may commence an adjudicative proceeding in accordance with this chapter and Title 63G, Chapter 4, Administrative Procedures Act to:
(i) remedy a violation of this chapter;
(ii) obtain approval of an act regulated by this chapter; or
(iii) obtain any determination that this chapter specifically authorizes that person to request.
(b) A person shall commence an adjudicative proceeding by filing a request for agency action in accordance with Section 63G-4-201.
(2) After receipt of the advisory board's recommendation, the executive director shall apportion in a fair and equitable manner between the parties any costs of the adjudicative proceeding, including reasonable attorney fees.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 1 - General Administration › Section 108 - Applicability.

Effective 5/8/2018
13-14-108.
Applicability.
The provisions of this chapter do not apply to a person licensed as a direct-sale manufacturer under Title 41, Chapter 3, Motor Vehicle Business Regulation Act.
Enacted by Chapter 387, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 2 - Franchises in General › Section 205 - Liability for damages to motor vehicles in transit -- Disclosure required.

13-14-205.
Liability for damages to motor vehicles in transit -- Disclosure required.
(1)
(a) A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier.
(b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new motor vehicle.
(2) A franchisor is liable for all damage to a motor vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.
(3)
(a) A franchisor shall disclose to the franchisee any repairs made prior to delivery, except a recreational vehicle franchisor shall disclose to a recreational vehicle franchisee any repair made to the vehicle prior to delivery only if:
(i) the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs; or
(ii) the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over $500.
(b) Replacement of a recreational vehicle's glass, tires, wheels, audio equipment, in-dash components, instrument panels, appliances, furniture, and components other than built-in cabinetry contained in the vehicle's living quarters, is not considered a repair under this subsection if the component replaced has been replaced with original manufacturers parts and materials.
(4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new motor vehicle after delivery to the carrier or transporter if the franchisee selected:
(a) the method and mode of transportation; and
(b) the carrier or transporter.
Amended by Chapter 162, 1997 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 301 - Termination or noncontinuance of franchise.

13-14-301.
Termination or noncontinuance of franchise.
(1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement or the rights to sell and service a line-make pursuant to a franchise agreement, whether through termination or noncontinuance of the franchise, termination or noncontinuance of a line-make, or otherwise, unless:
(a) the franchisee has received written notice from the franchisor 60 days before the effective date of termination or noncontinuance setting forth the specific grounds for termination or noncontinuance that are relied on by the franchisor as establishing good cause for the termination or noncontinuance;
(b) the franchisor has good cause for termination or noncontinuance; and
(c) the franchisor is willing and able to comply with Section 13-14-307.
(2) A franchisor may terminate a franchise, without complying with Subsection (1):
(a) if the franchisee's license as a new motor vehicle dealer is revoked under Title 41, Chapter 3, Motor Vehicle Business Regulation Act; or
(b) upon a mutual written agreement of the franchisor and franchisee.
(3)
(a) At any time before the effective date of termination or noncontinuance of the franchise, the franchisee may apply to the advisory board for a hearing on the merits, and following notice to all parties concerned, the hearing shall be promptly held as provided in Section 13-14-304.
(b) A termination or noncontinuance subject to a hearing under Subsection (3)(a) may not become effective until:
(i) final determination of the issue by the executive director; and
(ii) the applicable appeal period has lapsed.
(4) A franchisee may voluntarily terminate its franchise if the franchisee provides written notice to the franchisor at least 30 days prior to the termination.
Amended by Chapter 318, 2009 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 302.5 - Application of new franchise process with respect to certain terminated franchises.

Effective 5/12/2015
13-14-302.5.
Application of new franchise process with respect to certain terminated franchises.
(1) As used in this section:
(a) "Covered franchisee":
(i) means a person who was a franchisee under a pre-bankruptcy franchise; and
(ii) is a "covered dealership," as that term is defined in the federal franchise arbitration law.
(b) "Covered franchisor":
(i) means a person who was a franchisor under a pre-bankruptcy franchise; and
(ii) is a "covered manufacturer," as that term is defined in the federal franchise arbitration law.
(c) "Federal franchise arbitration law" means Section 747 of the Consolidated Appropriations Act of 2010, Pub. L. No. 111-117.
(d) "New franchisor":
(i) means a person who is a franchisor of the same line-make as the franchisor under a pre-bankruptcy franchise that has become a terminated franchise; and
(ii) is a "covered manufacturer," as that term is defined in the federal franchise arbitration law.
(e) "Pre-bankruptcy franchise" means a franchise in effect as of October 3, 2008.
(f) "Reinstated franchise" means:
(i) a terminated franchise that a reinstatement order determines should be reinstated, renewed, continued, assigned, or assumed; or
(ii) a franchise that a reinstatement order otherwise determines should be reestablished in or added to the dealer network of a new franchisor in the geographic area where the covered franchisee was located before October 3, 2008.
(g) "Reinstated franchisee" means a covered franchisee:
(i) whose franchise became a terminated franchise with less than 90 days' notice prior to termination; and
(ii) that becomes entitled to a reinstated franchise under a reinstatement order.
(h) "Reinstatement order" means an arbitrator's written determination:
(i) in an arbitration proceeding held under the federal franchise arbitration law; and
(ii)
(A) that a terminated franchise should be reinstated, renewed, continued, assigned, or assumed; or
(B) that a covered franchisee should otherwise be reestablished as a franchisee in or added to the dealer network of a new franchisor in the geographic area where the covered franchisee was located before October 3, 2008.
(i) "Terminated franchise" means a covered franchisee's pre-bankruptcy franchise that was terminated or not continued or renewed as a result of a bankruptcy proceeding involving a covered franchisor as the bankruptcy debtor.
(2) The process under Sections 13-14-302, 13-14-304, and 13-14-306 for the issuance of a franchise, including Subsections 13-14-302(5) and (6) and Section 13-14-304 relating to a protest by another franchisee in the line-make in the relevant market area against the establishment or relocation of a franchise, does not apply to a reinstated franchise or reinstated franchisee.
Amended by Chapter 268, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 303 - Effect of terminating a franchise.

13-14-303.
Effect of terminating a franchise.
If under Section 13-14-301 the executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new motor vehicles of a line-make in a relevant market area, the franchisor may not enter into a franchise for the sale of new motor vehicles of that line-make in the specified relevant market area unless the executive director determines, after a recommendation by the advisory board, that there has been a change of circumstances so that the relevant market area at the time of the establishment of the new franchise agreement can reasonably be expected to support the new franchisee.
Amended by Chapter 249, 2005 General Session