Utah Code 58-63-304. Exemptions from licensure
Current as of: 2024 | Check for updates
|
Other versions
(1) In addition to the exemptions from licensure in Section 58-1-307, an individual may engage in acts regulated under this chapter without being licensed under this chapter if the individual is:
Terms Used In Utah Code 58-63-304
- Armed private security officer: means an individual:(3)(a) employed by a contract security company;(3)(b) whose primary duty is:(3)(b)(i) guarding personal or real property; or(3)(b)(ii) providing protection or security to the life and well being of humans or animals; and(3)(c) who wears, carries, possesses, or has immediate access to a firearm in the performance of the individual's duties. See Utah Code 58-63-102
- Contract: A legal written agreement that becomes binding when signed.
- Contract security company: means a company that is engaged in business to provide security services to another person, business, or entity on a contractual basis by assignment of an armed or unarmed private security officer. See Utah Code 58-63-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 58-63-102
- Peace officer: means a person who:
(16)(a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications; and(16)(b) derives total or special law enforcement powers from, and is an employee of, the federal government, the state, or a political subdivision, agency, department, branch, or service of either, of a municipality, or a unit of local government. See Utah Code 58-63-102- Security officer: means an individual who is licensed as an armed or unarmed private security officer under this chapter and who:
(19)(a)(i) is employed by a contract security company securing, guarding, or otherwise protecting tangible personal property, real property, or the life and well being of human or animal life against:(19)(a)(i)(A) trespass or other unlawful intrusion or entry;(19)(a)(i)(B) larceny;(19)(a)(i)(C) vandalism or other abuse;(19)(a)(i)(D) arson or other criminal activity; or(19)(a)(i)(E) personal injury caused by another person or as a result of an act or omission by another person;(19)(a)(ii) is controlling, regulating, or directing the flow of movements of an individual or vehicle; or(19)(a)(iii) providing street patrol service. See Utah Code 58-63-102- 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
- Unarmed private security officer: means an individual:
(24)(a) employed by a contract security company;(24)(b) whose primary duty is guarding personal or real property or providing protection or security to the life and well being of humans or animals;(24)(c) who does not wear, carry, possess, or have immediate access to a firearm in the performance of the individual's duties; and(24)(d) who wears clothing of distinctive design or fashion bearing a symbol, badge, emblem, insignia, or other device that identifies the individual as a security officer. See Utah Code 58-63-102(1)(a) a peace officer employed by a contract security company as provided in Subsection (2); or(1)(b) employed by a contract security company for the sole purpose of operating or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing device, or other device approved by rule of the division.(2) A peace officer may only engage in off-duty employment as a security officer if:(2)(a) the law enforcement agency employing the peace officer has a written policy regarding peace officer employees working while off duty as a security officer and the written policy addresses the issue of financial responsibility;(2)(b) the agency’s chief administrative officer, or that officer’s designee, provides written authorization for an off-duty peace officer to work as a security officer; and(2)(c) the business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer’s wages.(3) In addition to the exemptions from licensure in Section 58-1-307, an individual holding a valid license as an armed private security officer under this chapter may also function as an unarmed private security officer without the additional license.(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules approving security apparatus under Subsection (1)(b).