Each applicant for licensure as an armored car company or a contract security company shall:
Terms Used In Utah Code 58-63-302
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Armed private security officer: means an individual:
(a)
employed by a contract security company;
(b)
whose primary duty is:
(i)
guarding personal or real property; or
(ii)
providing protection or security to the life and well being of humans or animals; and
(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
Armored car company: means a person engaged in business under contract to others who transports or offers to transport tangible personal property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that require secured delivery from one place to another under the control of an armored car security officer employed by the company using a specially equipped motor vehicle offering a high degree of security. See Utah Code 58-63-102
Armored car security officer: means an individual:
(a)
employed by an armored car company;
(b)
whose primary duty is to guard the tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another; and
(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
a governing person, as defined in Section 48-3a-102, of an armored car company or contract security company;
(b)
an individual appointed as an officer of an armored car company or contract security company that is a corporation in accordance with Section 16-10a-830;
(c)
a general partner, as defined in Section 48-2e-102, of an armored car company or contract security company; or
(d)
a partner, as defined in Section 48-1d-102, of an armored car company or contract security company. See Utah Code 58-63-102
Company owner: means :
(a)
a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an armored car company or contract security company that:
(i)
is a corporation; and
(ii)
is not publicly listed or traded; or
(b)
an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an armored car company or contract security company that is not a corporation. See Utah Code 58-63-102
Company proprietor: means the sole proprietor of an armored car company or contract security company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. 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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Security officer: means an individual who is licensed as an armed or unarmed private security officer under this chapter and who:
(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:
(A)
trespass or other unlawful intrusion or entry;
(B)
larceny;
(C)
vandalism or other abuse;
(D)
arson or other criminal activity; or
(E)
personal injury caused by another person or as a result of an act or omission by another person;
(ii)
is controlling, regulating, or directing the flow of movements of an individual or vehicle; or
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
Trustee: A person or institution holding and administering property in trust.
Unarmed private security officer: means an individual:
(a)
employed by a contract security company;
(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;
(c)
who does not wear, carry, possess, or have immediate access to a firearm in the performance of the individual's duties; and
(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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
submit an application in a form prescribed by the division;
(b)
pay a fee determined by the department under Section 63J-1-504;
(c)
have a qualifying agent who:
(i)
meets with the division and the board and demonstrates that the applicant and the qualifying agent meet the requirements of this section;
(ii)
is a resident of the state;
(iii)
is responsible management personnel or a company owner of the applicant;
(iv)
exercises material day-to-day authority in the conduct of the applicant’s business by making substantive technical and administrative decisions and whose primary employment is with the applicant;
(v)
is not concurrently acting as a qualifying agent or employee of another armored car company or contract security company and is not engaged in any other employment on a regular basis;
(vi)
is not involved in any activity that would conflict with the qualifying agent’s duties and responsibilities under this chapter to ensure that the qualifying agent’s and the applicant’s performance under this chapter does not jeopardize the health or safety of the general public;
demonstrates 6,000 hours of compensated experience as a manager, supervisor, or administrator of an armored car company or a contract security company; or
(B)
demonstrates 6,000 hours of supervisory experience acceptable to the division in collaboration with the board with a federal, United States military, state, county, or municipal law enforcement agency;
(d)
provide the name, address, date of birth, social security number, fingerprint card, and consent to a criminal background check in accordance with Section 58-63-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for each company officer, company owner, company proprietor, company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state;
(e)
have company officers, company owners, company proprietors, company trustees, and responsible management personnel who have not been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of a contract security company or an armored car company by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(f)
document that none of the persons described in Subsection (1)(e):
(i)
have been declared by a court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or
(ii)
currently suffer from habitual drunkenness or from drug addiction or dependence;
meet with the division and board if requested by the division or board.
(2)
Each applicant for licensure as an armed private security officer:
(a)
shall submit an application in a form prescribed by the division;
(b)
shall pay a fee determined by the department under Section 63J-1-504;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. § 922(g);
(e)
may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(g)
shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;
(h)
shall successfully complete firearms training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of training;
shall meet with the division and board if requested by the division or the board.
(3)
Each applicant for licensure as an unarmed private security officer:
(a)
shall submit an application in a form prescribed by the division;
(b)
shall pay a fee determined by the department under Section 63J-1-504;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an unarmed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d)
may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(f)
shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum;
shall meet with the division and board if requested by the division or board.
(4)
Each applicant for licensure as an armored car security officer:
(a)
shall submit an application in a form prescribed by the division;
(b)
shall pay a fee determined by the department under Section 63J-1-504;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armored car security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. § 922(g);
(e)
may not have been declared incompetent by a court of competent jurisdiction by reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
shall meet with the division and board if requested by the division or the board.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make a rule establishing when the division shall request a Federal Bureau of Investigation records’ review for an applicant who is applying for licensure or licensure renewal under this chapter.
