Chapter 5.33
MERCHANT POLICE AND PRIVATE DETECTIVES
Sections:
5.33.030 Application for license--Fingerprints and photograph--Application fee.
5.33.040 Investigation by the chief of police.
5.33.050 Standards for issuance of license.
5.33.060 Standards applicable to employees.
5.33.100 Conditions of licensing.
5.33.120 Promulgation of regulations by chief of police.
5.33.130 Information and false reports.
5.33.140 Notice of employee’s status change.
5.33.150 Subsequent revocation.
5.33.170 Carry and post license certificates.
5.33.010 Definitions.
For the purposes of Sections 5.33.010 to 5.33.170 of this chapter, the following terms, phrases, words, and their derivations shall have the following meaning:
A. “Private detective” is a person who accepts employment for hire, fee, or reward to furnish or supply information as to the personal character or actions or identity of a person or as to the character or kind of business or occupation of a person. The term shall not include within its meaning a private investigator employed exclusively by one employer in connection with a business. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States or of any state, county, or city. Nor shall it include any insurance adjuster licensed by the state when the adjuster is operating in the capacity of and for adjusting of insurance for any company whatever.
B. “Safe and lock companies” means any firm, person, partnership, or corporation engaged in the sale, service, repair, or maintenance of safes and locks; provided that for the purpose of this definition the term “locks” includes only those locks used in connection with safes.
C. “Shall” is always mandatory and not merely directory. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.020 License required.
No person, firm, partnership, corporation, or employee thereof shall operate as a private detective or safe and lock company in the city without first obtaining a license from the chief of police as hereinafter provided. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.030 Application for license--Fingerprints and photograph--Application fee.
A. Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state:
1. The full name, age, residence, present and previous occupations of the applicant;
2. Whether the person signing the application is a citizen of the United States;
3. A specific description of the location of the principal place of business of the applicant;
4. The number of years of experience the applicant has had in the field for which the application is made;
5. The length of time applicant has been a bona fide resident of the state immediately preceding the filing of the application;
6. References from five reputable citizens of the county;
7. Such other information as the chief of police shall find reasonably necessary to effectuate the general purpose of Sections 5.33.010 to 5.33.170 and to make a fair determination of whether the terms of Sections 5.33.010 to 5.33.170 have been complied with.
B. The application required hereunder shall be accompanied by a full set of fingerprints and a recent photograph.
C. The application required shall be accompanied by an application fee of ten dollars. (Ord. 1231(part), 1975).
5.33.040 Investigation by the chief of police.
Within fifteen days after receipt of an application as provided for herein, the chief of police shall cause an investigation to be made of the applicant and his proposed operation. (Ord. 1231(part), 1975).
5.33.050 Standards for issuance of license.
The chief of police shall issue a license hereunder when he finds:
A. That the applicant has never been convicted of a felony or any misdemeanor involving acts questionable to applicant’s character and integrity.
B. That the applicant is a natural born or a fully naturalized citizen of the United States. (Ord. 1231(part), 1975).
5.33.060 Standards applicable to employees.
All employees of any person having or applying for a license hereunder shall meet the standards set forth in Section 5.33.030 above and shall be subject to all regulations of Sections 5.33.010 to 5.33.170. In the case of a safe and lock company, the requirements of this section shall apply only to those employees who actually engage in the repair, maintenance, adjustment, setting or installation of safe locks and safes. (Ord. 1231(part), 1975).
5.33.070 Notice of rejection.
The chief of police shall act upon the application with thirty days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within thirty-five days after the date upon which the application was filed a notice of his action, stating the reasons for his denial of the permit. (Ord. 1231(part), 1975).
5.33.080 Appeal procedure.
Any person aggrieved shall have the right to appeal the denial or revocation of a private detective’s license to the city council. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.090 License fee.
A license shall be issued to each successful applicant upon payment of a license fee as set forth in the city of Central Point business license fee schedule. The license fee shall be the same whether for a portion of a year or the whole thereof. (Ord. 1822 §1(part), 2001; Ord. 1231(part), 1975).
5.33.100 Conditions of licensing.
A. Transferability. Licenses issued hereunder shall not be transferable.
B. Revocation and Suspension. Licenses issued hereunder shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of Sections 5.33.010 to 5.33.170 or misconduct by the licensee or his employees, after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify any licensee, by personal service, of such suspension or revocation.
C. Renewal. The chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time said licenses have expired, upon payment of the license fee.
D. Term of License. All licenses issued hereunder shall be for a term of one year, from July 1st to June 30th of each year. (Ord. 1822 §1(part), 2001; Ord. 1231(part), 1975).
5.33.110 Bond required.
A. No license shall be issued hereunder unless the applicant files with the city a surety bond executed by such applicant with two or more sureties, or by a surety company authorized to do business in the state in the sum of two thousand dollars, or such other financial security as may be approved by the city attorney, conditioned upon the careful, faithful, and honest conduct of the services to be performed by the applicant or his employees. Such bond shall be approved by the city attorney as to form, execution and sufficiency of sureties.
B. The bond or approved security required herein shall be taken in the name of the people of the city, and every person injured by the negligent, wilful, malicious or wrongful act of the principal, his agent, servant, or employee, in the conduct of business may bring an action on the bond in his own name to recover damages for such negligent, wilful, malicious, or wrongful act.
C. The chief of police shall suspend any license when the bond or other approved financial security required herein shall have lapsed or is reduced by reason of a judgment thereon, or for any other reason is no longer in full force and effect. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.120 Promulgation of regulations by chief of police.
The chief of police shall have the authority to enact and enforce reasonable rules and regulations for the operation of private detectives in the interest of the public safety, morals, and welfare and to effectuate the general purpose of Sections 5.33.010 to 5.33.170 of this chapter. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.130 Information and false reports.
No private detective or safe and lock company holding a license granted under the provisions of Sections 5.33.010 to 5.33.170 of this chapter shall make a false report or account to his or her employer or divulge to anyone other than his employer, except as may be required by law, any information obtained by him in such employer’s service. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.140 Notice of employee’s status change.
Within three days of the termination of employment of any employee or other person or any licensee, notice of such termination shall be given by the licensee in writing to the chief of police. Failure to comply with this section shall result in revocation of the license. (Ord. 1760 §1(part), 1997; Ord. 1231(part), 1975).
5.33.150 Subsequent revocation.
If at any time new facts arise or become known to the chief of police which would be sufficient to warrant refusal or withholding of a license under the terms of Sections 5.33.010 to 5.33.170, the chief of police shall notify the licensee of the facts and further inform the licensee that unless the same are satisfactorily explained and Sections 5.33.010 to 5.33.170 complied with forthwith, the license shall be revoked. (Ord. 1231(part), 1975).
5.33.160 Uniforms.
No licensee regulated by Sections 5.33.010 to 5.33.170 and not a member of the police or fire department shall wear a uniform, a cap, badge, or buttons at the time in use by the members of the police or fire departments. A person desiring to provide any service regulated by this chapter shall use no distinctive uniform, cap, badge, or buttons to be worn by any such person or employee thereof until the form, design, and color thereof shall have been first submitted to and approved by the chief of police. (Ord. 1231(part), 1975).
5.33.170 Carry and post license certificates.
The licensees hereunder shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on his place of business described in such license. The licensee and his employee shall carry on his person at all times when performing services as a licensee under this chapter a certificate of the license issued hereunder. The licensee hereunder shall furnish to the chief of police a current list of all employees employed by him at all times. (Ord. 1231(part), 1975).