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:
(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
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
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:
(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
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
(a)
a peace officer employed by a contract security company as provided in Subsection (2); or
(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:
(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;
(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
(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.
