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 securitycompany who transports or offers to transport tangible personal property from one place or pointto 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:
(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 theperformance of the individual's duties.
(3) "Armored car company" means a person engaged in business under contract to otherswho transports or offers to transport tangible personal property, currency, valuables, jewelry,food stamps, or any other high value items, that require secured delivery from one place toanother under the control of an armored car security officer employed by the company using aspecially equipped motor vehicle offering a high degree of security.
(4) "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,food stamps, 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 theperformance of the individual's duties.
(5) "Board" means the Security Services Licensing Board created in Section 58-63-201.
(6) "Contract security company" means a person engaged in business to provide securityor guard services to another person on a contractual basis by assignment of an armed or unarmedprivate security officer.
(7) "Identification card" means a personal pocket or wallet size card issued by thedivision to each armored car and armed or unarmed private security officer licensed under thischapter.
(8) "Officer" means a president, vice president, secretary, treasurer, or other officer of acorporation or limited liability company listed as an officer in the files with the Division ofCorporations and Commercial Code.
(9) "Owner" means a proprietor or general partner of a proprietorship or partnership, alessee or assignee of the owner, the manager of the facility, or the event operator.
(10) "Peace officer" means a person who:
(a) is a certified peace officer as defined in Title 53, Chapter 13, Peace OfficerClassifications; and
(b) derives total or special law enforcement powers from, and is an employee of, thefederal government, the state, or a political subdivision, agency, department, branch, or service ofeither, of a municipality, or a unit of local government.
(11) "Regular basis" means at least 20 hours per month.
(12) (a) "Security officer" means an individual who is licensed as an armed or unarmedprivate security officer under this chapter and who:
(i) is employed by a contract security company securing, guarding, or otherwiseprotecting tangible personal property, real property, or the life and well being of human or animallife 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 byanother person;
(ii) is controlling, regulating, or directing the flow of movements of an individual orvehicle; or
(iii) providing street patrol service.
(b) "Security officer" does not include an individual whose duties are limited to custodialor other services even though the presence of that individual may act to provide a service setforth under Subsection (12)(a).
(c) (i) "Security officer" does not include an individual whose duties include takingadmission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or othermaterials going into a facility as described in Subsection (12)(c)(ii) if:
(A) the individual carries out these duties without the use of specialized equipment;
(B) the authority of the individual is limited to denying entry or passage of a person intoor within the facility; and
(C) the individual is not authorized to use physical force in the performance of theindividual's duties under this Subsection (12)(c).
(ii) As used in this Subsection (12)(c), "facility" means a sports, concert, or theatricalvenue, or a convention center, fairgrounds, public assembly facility, or mass gathering location.
(13) "Security system" means equipment, a device, or an instrument installed for:
(a) detecting and signaling entry or intrusion by an individual into or onto, or exit fromthe premises protected by the system; or
(b) signaling the commission of criminal activity at the election of an individual havingcontrol of the features of the security system.
(14) "Specialized resource, motor vehicle, or equipment" means an item of tangiblepersonal property specifically designed for use in law enforcement or in providing security orguard services, or that is specially equipped with a device or feature designed for use in providinglaw enforcement, security, or guard services, but does not include:
(a) standardized clothing, whether or not bearing a company name or logo, if the clothingdoes not bear the words "security" or "guard"; or
(b) an item of tangible personal property, other than a firearm or nonlethal weapon, thatmay be used without modification in providing security or guard services.
(15) "Street patrol service" means a contract security company that provides patrols bymeans of foot, vehicle, or other method of transportation using public streets, thoroughfares, orproperty in the performance of the company's duties and responsibilities.
(16) "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 orsecurity 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 theperformance 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.
(17) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-63-501.
(18) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-63-502 and asmay be further defined by rule.
Amended by Chapter 246, 2008 General Session