41-3-202.2.  Provisional license.

(1)  As used in this section:

Terms Used In Utah Code 41-3-202.2

(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
  • 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
  • (a)  “Provisional license” means a provisional version of a particular class of standard license.

    (b)  “Standard license” means a license that the administrator is authorized to issue under Section 41-3-202 for a class for which a principal place of business is required under Section 41-3-204.

    (2)  The administrator may issue a provisional license for any class of standard license the administrator issues under Section 41-3-202.

    (3)  A person may apply to the administrator for a provisional license using the same procedure described in this chapter and under other applicable state law for a standard license of the same class as the provisional license.

    (4)  Subject to Subsection (5), the administrator shall grant a provisional license to an applicant who:

    (a)  demonstrates that the applicant meets all of the qualifications described in this chapter and under other applicable state law for a standard license of the same class as the provisional license, except for the requirement that the applicant maintain a principal place of business as required by Section 41-3-204;

    (b)  complies with procedures established by the administrator; and

    (c)  pays a fee established by the administrator.

    (5)  In addition to demonstrating the qualifications described in Subsection (4), an applicant for a provisional license shall:

    (a)  submit to the administrator a site acquisition plan that describes the applicant’s anticipated principal place of business; and

    (b)  demonstrate that the applicant’s site acquisition plan describes a principal place of business that would comply with the requirements described in this chapter and under other applicable state law for the principal place of business of a licensee with a standard license of the same class as the provisional license.

    (6)  A provisional license does not allow a person to act as a licensee with a standard license.

    (7)  Subject to Subsections (8) and (9), once a person with a provisional license demonstrates to the administrator that the person meets all of the qualifications under this chapter and under other applicable state law for a standard license of the same class as the provisional license, the administrator shall grant the person a standard license of the same class as the provisional license without requiring that the person:

    (a)  submit an additional application; or

    (b)  pay an additional fee.

    (8) 

    (a)  A provisional license is valid for three months.

    (b)  The commission may extend the term of a provisional license for an additional three months at the commission’s discretion.

    (9)  The commission may create application procedures for a provisional license in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (10)  The commission may require and determine the amount of an application fee for a provisional license in compliance with Section 63J-1-504.

    Enacted by Chapter 124, 2017 General Session