41-3-202.2. Provisional license.

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Effective 10/1/2017

(1)As used in this section:

(a)"Provisional license" means a provisional version of a particular class of standard license.

(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)The administrator may issue a provisional license for any class of standard license the administrator issues under Section 41-3-202 .

(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)Subject to Subsection

(5), the administrator shall grant a provisional license to an applicant who:

(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 ;

(b)complies with procedures established by the administrator; and

(c)pays a fee established by the administrator.

(5)In addition to demonstrating the qualifications described in Subsection

(4), an applicant for a provisional license shall:

(a)submit to the administrator a site acquisition plan that describes the applicant's anticipated principal place of business; and

(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)A provisional license does not allow a person to act as a licensee with a standard license.

(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:

(a)submit an additional application; or

(b)pay an additional fee.

(a)A provisional license is valid for three months.

(b)The commission may extend the term of a provisional license for an additional three months at the commission's discretion.

(9)The commission may create application procedures for a provisional license in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .

(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