Utah Code Ann. § 41-3-202.2

Provisional license.

Effective Oct 1, 2017Enacted by Chapter 124, 2017 General Session
  1. (1) As used in this section:

    1. (a) "Provisional license" means a provisional version of a particular class of standard license.
    2. (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. (2) The administrator may issue a provisional license for any class of standard license the administrator issues under Section 41-3-202.
  3. (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. (4) Subject to Subsection (5), the administrator shall grant a provisional license to an applicant who:

    1. (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;
    2. (b) complies with procedures established by the administrator; and
    3. (c) pays a fee established by the administrator.
  5. (5) In addition to demonstrating the qualifications described in Subsection (4), an applicant for a provisional license shall:

    1. (a) submit to the administrator a site acquisition plan that describes the applicant's anticipated principal place of business; and
    2. (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. (6) A provisional license does not allow a person to act as a licensee with a standard license.
  7. (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:

    1. (a) submit an additional application; or
    2. (b) pay an additional fee.
  8. (8)

    1. (a) A provisional license is valid for three months.
    2. (b) The commission may extend the term of a provisional license for an additional three months at the commission's discretion.
  9. (9) The commission may create application procedures for a provisional license in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  10. (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

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