2006 Utah Code - 58-63-102 — Definitions.

     58-63-102.   Definitions.
     In addition to the definitions in Section 58-1-102, as used in this chapter:
     (1) "Armed courier service" means a person engaged in business as a contract security company who transports or offers to transport tangible personal property from one place or point to another under the control of an armed security officer employed by that service.
     (2) "Armed private security officer" means an individual:
     (a) employed by a contract security company;
     (b) whose primary duty is that of guarding personal or real property, or 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 at any time in the performance of the individual's duties.
     (3) "Armored car service" means a person engaged in business as a contract security company who transports or offers to transport tangible personal property from one place or point to another under the control of an armed or unarmed private security officer employed by the company using a specially equipped motor vehicle offering a high degree of security.
     (4) "Board" means the Security Services Licensing Board created in Section 58-63-201.
     (5) "Contract security company" means a person engaged in business to provide security or guard services to another person for the purpose of protecting tangible personal property, real property, or the life and well being of human or animal life by assignment of security officers employed by the company and the use of specialized resources, motor vehicles, or equipment.
     (6) "Identification card" means a personal pocket or wallet size card issued by the division to each security officer licensed under this chapter.
     (7) "Officer" means a president, vice president, secretary, treasurer, or other officer of a corporation or limited liability company listed as an officer in the files with the Division of Corporations and Commercial Code.
     (8) "Owner" means a proprietor or general partner of a proprietorship or partnership, a lessee or assignee of the owner, the manager of the facility, or the event operator.
     (9) "Peace officer" means a person who:
     (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications; and
     (b) derives total or special law enforcement powers from, and is an employee of the federal government, the state, or any political subdivision, agency, department, branch, or service of either, of any municipality, or of any other unit of local government.
     (10) "Regular basis" means 20 or more hours per month.
     (11) (a) "Security officer" means an individual 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 any other criminal activity; or
     (E) personal injury caused by another person or as a result of acts or omissions by another person;
     (ii) is controlling, regulating, or directing the flow of movements of individuals or

vehicles; or
     (iii) providing street patrol service.
     (b) "Security officer" does not include an individual whose duties are limited to custodial or other services even though the presence of that individual may act to provide some of the services set forth under Subsection (11)(a).
     (c) (i) "Security officer" does not include an individual whose duties include taking admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other materials to be carried into a facility as described in Subsection (11)(c)(ii) if:
     (A) the individual carries out these duties without the use or aid of any specialized equipment;
     (B) the authority of the individual is limited to denying entry or passage of a person into or within the facility; and
     (C) the individual is not authorized to use physical force in the performance of the duties under this Subsection (11)(c).
     (ii) As used in this Subsection (11)(c), "facility" means a sports, concert, or theatrical venue or any convention center, fairgrounds, public assembly facility, or mass gathering location.
     (12) "Security system" means equipment, devices, or instruments installed for the purpose of:
     (a) detecting and signaling entry or intrusion by some individual into or onto, or exit from the premises protected by the system; or
     (b) signaling the commission of a robbery or other criminal activity at the election of an individual having control of the features of the security system.
     (13) "Specialized resources, motor vehicles, or equipment" means items of tangible personal property specifically designed for use in law enforcement or in providing security or guard services, or that have been specially equipped with devices or features specifically designed for use in providing law enforcement, security, or guard services, but do not include:
     (a) standardized clothing, whether or not bearing a company name or logo, if the clothing does not bear the words "security" or "guard"; or
     (b) items of tangible personal property, other than firearms or nonlethal weapons, that may be used without modification in providing security or guard services.
     (14) "Street patrol service" means a person engaged in business as a contract security company who provides patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of their duties and responsibilities.
     (15) "Unarmed private security officer" means an individual:
     (a) employed by a contract security company;
     (b) whose primary duty is that of guarding personal or real property, or providing protection or security to the life and well being of humans or animals;
     (c) who never wears, carries, possesses, or has immediate access to a firearm at any time in the performance of his duties; and
     (d) who wears clothing of distinctive design or fashion bearing any symbol, badge, emblem, insignia, or other device that identifies or tends to identify the wearer as a security officer.
     (16) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-63-501.
     (17) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-63-502 and as may be further defined by rule.

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Amended by Chapter 307, 2005 General Session