Chapter 5.12
PRIVATE SECURITY AGENCIES

Sections:

5.12.010    Definitions.

5.12.020    License – Required – Fee.

5.12.030    License – Application requirements.

5.12.040    License – Background check of applicant.

5.12.050    License – Classification.

5.12.060    License – Denial.

5.12.070    License – Revocation or suspension.

5.12.080    License – Form.

5.12.090    License – Posting.

5.12.100    License – Transferability.

5.12.110    Surety bond requirements.

5.12.120    Insurance coverage required.

5.12.130    Suspension or denial of license for failure to file bond or insurance.

5.12.140    Branch offices.

5.12.150    Change of address and new officers.

5.12.160    Registration of employees required.

5.12.170    Employees not required to be registered.

5.12.180    Registration – Denial, suspension or revocation.

5.12.190    Registration – Issuance.

5.12.200    Registration – Surrender upon termination of employee.

5.12.210    Registration – Fee.

5.12.220    Licensee responsible for conduct of employee.

5.12.230    Licensee’s and registrant’s knowledge and ability to use firearms.

5.12.240    Use of emergency equipment restricted.

5.12.250    Procedures required of licensees.

5.12.260    Prohibited practices.

5.12.270    Approval of uniforms required prior to license issuance.

5.12.280    Divulgence of information.

5.12.290    Advertisements and solicitation of business.

5.12.300    Duty of chief of police to enforce provisions.

5.12.310    Inspections authorized – Right of entry.

5.12.320    License and registration not endorsement by city.

5.12.330    Additional rules and regulations.

5.12.340    Exemptions.

5.12.350    Notice and order to violators.

5.12.360    Appealable orders.

5.12.010 Definitions.

For the purpose of this chapter the following words and phrases, unless the context otherwise indicates, shall have the following meanings:

A. “Armored-transport agencies” provide armed personnel to convey valuable articles for a fee.

B. “Chief of police” means the chief of police or his designee.

C. “Contract guard or patrol agencies” includes partnerships, corporations, joint ventures, as well as individuals who are self-employed, which provide privately employed guards or patrolmen for a fee.

D. “Credit investigation agencies” and “credit investigators” are businesses and persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons, firms, or corporations.

E. “Contract investigative agency” includes partnerships, corporations, joint ventures, as well as individuals who are self-employed, which provide private investigative services for a fee, except individuals investigating bodily injury or property damage actions under the supervision of a licensed attorney.

F. “In-house guard forces” provide guard services exclusively in connection with the affairs of the one business that employs them.

G. “In-house investigative forces” provide private investigative services exclusively in connection with the affairs of the one business that employs them.

H. “Person” means wherever used in this chapter, natural persons of either sex, firms, partnerships, associations, corporations and like entities, residing in the state, whether acting by themselves, by servant, agent, or employee.

I. “Private guards” are persons who protect or attempt to protect persons or property from damage, injury, loss, or any criminal act and includes guard dogs, watchmen, security officers, protective agents, merchant guards, and special officers.

J. “Private investigation” includes investigations by a privately employed person(s) for the purpose of obtaining information concerning:

1. Crimes or wrongs, done or threatened;

2. The identity, habits, conduct, movements, whereabouts, associations, transaction, credibility, reputation, employment history, criminal record, or character of any person(s), group, or business, for any purpose;

3. The location of lost or stolen property;

4. The causes and responsibility for fires, libel, slander, losses, accidents or injuries;

5. The whereabouts of missing persons.

K. “Private investigators/detectives” are personnel who conduct investigations for a contract investigative agency, including undercover agents employed by contract agencies, but excluding in-house investigative force employees, credit investigators, insurance investigators and adjusters.

L. “Private/merchant patrolmen” are persons who perform the same functions as guards, but do so at a number of different locations, access to which is accomplished by means of travel on public property.

M. “Private security” includes all privately employed guards, investigators, detectives, patrolmen, and any other personnel performing similar security functions or services. (Ord. 352 § 1, 1974).

5.12.020 License – Required – Fee.

No contract investigative agency or contract guard or patrol agency shall furnish private security services, nor shall they advertise, solicit, nor in any way promise or inform anyone that they will perform such services in the city without receiving from the city clerk a license as provided in this chapter. The fee for the license required by this section is $250 per year. The annual license fee will be waived for those years in which the licensee has obtained a valid private security license from another municipality or county; provided, that each employee who performs security services within the city must register under the provisions of this chapter and pay the annual registration fee. (Ord. 352 § 4, 1974).

5.12.030 License – Application requirements.

A. An application for a license under the provisions of this chapter shall be in the form prescribed by the city clerk and shall include the following:

1. Full name and business address of the applicant;

2. Name under which the applicant intends to do business;

3. A statement as to the general nature of the business in which the applicant intends to engage;

4. Whether or not a firearm is to be used in connection with the applicant’s duties as a licensee;

5. The full name and residence address of each of its officers, partners, and directors, if the applicant is an entity other than an individual;

6. Three recent photographs of the applicant;

7. A classifiable set of fingerprints;

8. A statement of experience qualifications;

9. Employment history for five years preceding the date of the application;

10. A list of arrests, convictions, or confinements; and

11. Any other information, evidence, statements, or documents as may be required by the city clerk.

B. The applicant for a license, under the provisions of this chapter, shall be 21 years of age or older and have two years’ experience in security work determined to be adequate by the chief of police. Security work determined to be adequate shall include, but is not limited to, the following:

1. Two years active experience in security work while in the military; or

2. Two years active experience in public law enforcement; or

3. Successful completion of two years of college level study in law enforcement, police science, criminology, or areas of like nature; or

4. Successful completion of a course of study which has been approved by the chief of police, on the basis that such course provides sufficient material to enable students thereof to operate competently as a licensee under this chapter; or

5. Two years active experience as a registrant under the provisions of this chapter; or

6. Any combination of the above acceptable to the chief of police. (Ord. 352 § 6, 1974).

5.12.040 License – Background check of applicant.

Each applicant for a license, or registration under this chapter, shall be subject to a background check through the Mercer Island police department. The chief of police shall report within 30 days from receipt of application to the city clerk concerning the background of the applicant, which report may contain any objection or recommendations as to the application. (Ord. 352 § 8, 1974).

5.12.050 License – Classification.

No person may engage in any private security operation within the city which is outside the scope of his license. (Ord. 352 § 9, 1974).

5.12.060 License – Denial.

The city clerk shall deny a license if the applicant, its officers, employees, director, or partners have:

A. Committed any act constituting fraud;

B. Committed any act, which, if committed by a licensee, would be a grounds for the suspension or revocation of a license under the provisions of this chapter;

C. Committed any act resulting in conviction of a felony or a crime involving moral turpitude;

D. A record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a licensee under the provisions of this chapter;

E. Been refused a license under the provisions of this chapter or had a license revoked; provided, however, that any applicant denied a license under the provisions of this chapter may reapply after six months if the basis for such denial no longer exists;

F. Been an officer, director, or partner who knowingly participated or acquiesced in the acts or conduct of any person, as defined by this chapter, for which that person was refused a license, or whose license was revoked under the provisions of this chapter;

G. While unlicensed, committed or aided and abetted the commission of any act for which a license is required under the provisions of this chapter;

H. Failed to successfully complete the firearms test specified in MICC 5.12.230;

I. Made any false statements in his application; or

J. Failed to comply with the requirements of MICC 5.12.250. (Ord. 352 § 10, 1974).

5.12.070 License – Revocation or suspension.

A. The city clerk shall initiate proceedings to suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee or any of its officers, employees, directors, or partners have:

1. Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license;

2. Violated any of the provisions of this chapter;

3. Been convicted of a felony or any crime involving moral turpitude;

4. Illegally used, carried or possessed a dangerous weapon;

5. Violated any rule of the city clerk adopted pursuant to his authority contained in this chapter;

6. Committed or permitted any employee to commit any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license;

7. Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee;

8. Acted as a runner or capper for any attorney; or

9. Committed any act which is a ground for denial of an application for license under the provisions of this chapter.

B. The city clerk shall initiate proceedings to suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee, or any of its officers, employees, directors, or partners have knowingly employed, or knowingly has in his employment any person who:

1. Has committed any act, which, if committed by a licensee, would be grounds for suspension or revocation of a license under the provisions of this chapter;

2. Has been convicted of a felony or any crime involving moral turpitude;

3. Has a record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a registrant under the provisions of this chapter; or

4. Does not possess a valid registration card issued under the provisions of this chapter.

C. The city clerk shall initiate proceedings to suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee, or any of its officers, employees, directors or partners have committed or used any unfair or deceptive acts or practices in the course of the licensee’s business. Examples of such acts and practices are:

1. Engaging in retail installment transactions with members of the public in the state without complying with all applicable provisions of Chapter 63.14 RCW as amended;

2. Using a name different from that under which he is currently licensed on any advertisement, solicitation, or contract for business;

3. Knowingly making a false report to his employer or client for whom the information was being obtained;

4. Willfully failing or refusing to render a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, if required by law;

5. Making any false, deceptive or misleading representations to members of the public concerning the qualifications of employees and agents of the licensee, the nature or extent of the services provided by the licensee, or the cost to members of the public of services by the licensee;

6. Manufacturing evidence;

7. Knowingly making a false statement relating to evidence of information obtained in the course of employment, or knowingly publishing a slander or libel in the course of business; or

8. Accepting employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by a reason of or in the course of his employment by such client or former client.

D. Suspension or revocation of a license issued under the provisions of this chapter shall take effect only after the expiration of the period in which an appeal thereof may be filed.

E. In cases of suspension, the license or registration shall be reinstated upon compliance with the violated provision(s) of the chapter or until the period of suspension fixed by the city clerk has expired.

In cases of revocation, the license or registration shall be canceled; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee or registrant of the penalties otherwise provided for in this chapter. (Ord. 352 § 11, 1974).

5.12.080 License – Form.

The license, when issued, shall be in a form prescribed by the city clerk. (Ord. 352 § 12, 1974).

5.12.090 License – Posting.

The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee. (Ord. 352 § 13, 1974).

5.12.100 License – Transferability.

A license issued under the provisions of this chapter shall apply to a single location only and shall not be transferable to other locations or to any other person other than that designated on the license; provided, however, that in the event of death of the individual, partner(s) or officer(s) who satisfied the requirements of MICC 5.12.030B, the surviving spouse, partner(s) or officer(s) may operate under the existing license for a period not to exceed 30 days; further provided, however, that at the end of this 30-day period, said surviving spouse, partner(s) or officer(s) must satisfy the requirements of MICC 5.12.030B, or cease operation within the city. (Ord. 352 § 14, 1974).

5.12.110 Surety bond requirements.

A. No license shall be issued under the provisions of this chapter unless the applicant files with the city clerk a surety bond executed by a surety company authorized to do business in the state in the sum of $10,000 conditioned to recover against the principal, its servants, officers, agents, and employees by reason of its wrongful or illegal acts in conducting such business licensed under the provisions of this chapter. The city clerk shall require a certified copy of said bond to be filed in his office.

B. The bond required by this chapter shall be made payable to the city, and anyone so injured by the principal, its servants, officers, agents, and employees, shall have the right and shall be permitted to sue directly upon the obligation in their own names, and this obligation shall be subject to successive suits for recovery until complete exhaustion of the face amount thereof. (Ord. 352 § 23, 1974).

5.12.120 Insurance coverage required.

A. No license shall be issued under the provisions of this chapter unless the applicant files with the city clerk a certificate of insurance naming the city as an additional insured.

B. Minimum coverage is fixed as follows:

1. Bodily injury, $100,000/$300,000;

2. Property damage, $100,000. (Ord. 352 § 24, 1974).

5.12.130 Suspension or denial of license for failure to file bond or insurance.

A. Every licensee shall at all times maintain on file with the city clerk the surety bond and insurance required by this chapter in full force and effect and, upon failure to do so, the license of such licensee shall be suspended and shall not be reinstated until this requirement is met.

B. The city clerk shall deny the application for a license if the applicant fails to satisfy the surety bond or insurance requirements.

C. The city clerk may refuse to reinstate a license notwithstanding the licensee’s compliance with this section, if, during the suspension, the city clerk:

1. Finds any reason which would justify refusal to issue or justifies a suspension or revocation of a license; or

2. Finds performance by an applicant of any practice, while under suspension for failure to keep his surety bond or insurance in force, for which a license under the provisions of this chapter is required. (Ord. 352 § 25, 1974).

5.12.140 Branch offices.

Each licensee shall file in writing with the city clerk the address of each branch office within the city and within 14 days after the establishment or closing of such office, or change of location of a branch office, shall notify the city clerk in writing of such fact. (Ord. 352 § 26, 1974).

5.12.150 Change of address and new officers.

A. A licensee shall, within 14 days after such change, notify the city clerk of any and all changes of his address, of the names under which he does business, and of any changes in its officers, directors, or partners.

B. Applications, on forms prescribed by the city clerk, shall be submitted by all new officers or partners. The city clerk shall initiate proceedings to suspend or revoke a license issued under the provisions of this chapter if he determines that at the time the person became an officer or partner of a licensee, any of the facts in MICC 5.12.060 and 5.12.070 existed as to such person. (Ord. 352 § 16, 1974).

5.12.160 Registration of employees required.

A. Except as otherwise provided in this chapter, every employee of a licensee, including dispatchers and solicitors, shall be registered with the city clerk in the manner prescribed by the provisions of this chapter.

B. The applicant for registration shall be 21 years of age or older and have experience in security work determined to be adequate by the chief of police. Such security work shall include but shall not be limited to those items contained in MICC 5.12.030B.

C. The application for registration under the provisions of this chapter shall be on a form prescribed by the city clerk and shall include:

1. Full address, telephone number, date of birth, and place of birth;

2. A listing of any and all aliases used by the applicant;

3. The name and address of the licensee and the date the employment commenced;

4. A letter from the licensee requesting that the employee be registered under his license;

5. The title of the position occupied by the employee and a description of his duties;

6. Whether or not a firearm is to be used by the employee in connection with his duties as a registrant;

7. Three recent photographs of the employee, and a classifiable set of fingerprints;

8. Employment history for five years preceding the date of the application;

9. Such other information, evidence, statements, or documents as may be required by the city clerk. (Ord. 352 § 27, 1974).

5.12.170 Employees not required to be registered.

Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively in stenographic, typing, filing, clerical or other activities which do not constitute the work of providing private security as described in this chapter, shall not be required to register under the provisions of this chapter with the city clerk. (Ord. 352 § 29, 1974).

5.12.180 Registration – Denial, suspension or revocation.

The city clerk shall refuse to register any employee, or shall initiate proceedings to suspend, or revoke a previous registration, if the individual has committed any act which, if committed by a licensee, would be a ground for refusing to issue a license, or would be a ground for the suspension or revocation of a license under the provisions of this chapter. (Ord. 352 § 30, 1974).

5.12.190 Registration – Issuance.

Upon completion of registration, the city clerk shall issue to the registered employee a registration card, which shall be carried on his person at all times. The exhibition of this card by the registrant shall be considered prima facie evidence that the person is registered by the city under the licensee’s license number. (Ord. 352 § 31, 1974).

5.12.200 Registration – Surrender upon termination of employee.

Each person registered under the provisions of this chapter, whose employment has been terminated with the licensee, shall immediately surrender his registration card to the licensee, and the licensee shall surrender same within seven days thereafter to the city clerk for cancellation. A notation stating that the said registered employee was terminated and for what cause shall be enclosed with the registration card. The licensee shall notify the city clerk in writing within a reasonable time of any change in the resident address of a registered employee. (Ord. 352 § 32, 1974).

5.12.210 Registration – Fee.

The registration fee for employees of a licensee is fixed at $25 per year payable on January 1 of each year. (Ord. 352 § 33, 1974).

5.12.220 Licensee responsible for conduct of employee.

A licensee shall at all times be legally responsible for the good conduct of each employee while on duty. (Ord. 352 § 17, 1974).

5.12.230 Licensee’s and registrant’s knowledge and ability to use firearms.

A. An applicant for a license or registration who uses a firearm in connection with employment regulated under the provisions of this chapter shall be tested by the chief of police in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner.

B. The content of such test shall be determined by the chief of police. (Ord. 352 § 28, 1974).

5.12.240 Use of emergency equipment restricted.

It is unlawful for any licensee, or his agents, to use emergency equipment, such as sirens and flashing red or blue lights, on vehicles owned or operated by the licensee except as specifically authorized or licensed by the state. (Ord. 352 § 18, 1974).

5.12.250 Procedures required of licensees.

Licensees shall perform private security services in such fashion that no interference with the Mercer Island police department will result. Regarding this end, licensees shall:

A. Recommend to their customers that, in the event of a police problem, the customer should first call the Mercer Island police department;

B. If a customer calls about a law enforcement problem, instruct the customer to call the Mercer Island police department;

C. Use all reasonable efforts to inform and advise their present and prospective officers, directors, partners, agents, representatives, employees, and all other persons acting under, for, or on behalf of the licensee, of the provisions of this chapter, and direct them to comply therewith. (Ord. 352 § 7, 1974).

5.12.260 Prohibited practices.

A. It is unlawful for a licensee to represent to members of the public in any way, either directly or indirectly or by implication, that the licensee is an official or semiofficial law enforcement organization or that employees, agents, or solicitors of the licensee are authorized by the state or any of its political subdivisions to act as law enforcement officers, including, by way of example but not limitation, the following conduct:

1. Use of any name or initials in the course of business which has the capacity or tendency to convey said representation to members of the consuming public, including but not limited to any name using the words “police,” “department” or “Mercer Island”;

2. Use of any uniform, badge, insignia, business card, stationery or any other device, object, or type of apparel, which is not readily distinguishable to average members of the consuming public from such devices, objects, or types of apparel which are used by authorized law enforcement officers;

3. Use of any uniform, badge, insignia, title, or identification card, or making any statement which tends to give an impression that the licensee is connected in any way with the federal government, a state government, or any political subdivision of either; or

4. Use of any letterhead, advertisement, or other printed matter, which in any manner illegally represents that the licensee is an instrumentality of the federal government, state government, or any political subdivision of either.

B. It is unlawful for any licensee or registrant to engage in any acts, practices, or conduct which hampers the operations and activities of authorized law enforcement and public officials. (Ord. 06C-06 § 2; Ord. 352 § 19, 1974).

5.12.270 Approval of uniforms required prior to license issuance.

No license shall be issued under the provisions of this chapter until approval is given by the chief of police, of the uniforms and accouterments to be worn by registrants of the licensee. (Ord. 352 § 20, 1974).

5.12.280 Divulgence of information.

Any licensee or officer, director, partner, or employee of a licensee shall divulge to any law enforcement officer or prosecuting attorney, or his representative, any information he may acquire as to any criminal offense, as he may be required by law so to do; provided, however, that he shall not divulge to any other person any information acquired by him except at the direction of the employer or client for whom the information was obtained. (Ord. 352 § 21, 1974).

5.12.290 Advertisements and solicitation of business.

A. Every advertisement by a licensee advertising or soliciting business shall contain his company name and address as they appear in the records of the city clerk.

B. Licensees, in their promotional literature and oral sales presentations to members of the public, shall not claim any relationship or affiliation with any official or semiofficial law enforcement organization. Such literature or sales presentation shall be accompanied by an accurate and clear description of the services which the licensee does in fact offer or provide.

C. Solicitors performing oral sales presentations to members of the public shall not carry visible weapons. (Ord. 352 § 22, 1974).

5.12.300 Duty of chief of police to enforce provisions.

The chief of police is authorized and directed to enforce the terms and provisions of this chapter. If it is determined any licensee or registrant has violated or failed to comply with any provision of this chapter, then the chief of police shall report the violation to the city clerk. The city clerk shall forthwith issue a notice and order recording such findings, specifying therein the particulars of any such violation or failure to comply; and, thereupon, the license or registration of any such licensee or registrant shall be suspended or revoked for a period to be fixed by the city clerk, in which event the license or registration shall be surrendered to the city clerk. (Ord. 352 § 2, 1974).

5.12.310 Inspections authorized – Right of entry.

A. The chief of police is authorized to make such inspections and take such action as may be required to enforce the provisions of this chapter.

B. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, the chief of police may enter such licensee’s principal or branch office at all reasonable times to inspect the same or perform any duty imposed on the chief of police by this chapter; provided, that:

1. If the offices are occupied, the chief of police shall first present proper credentials and demand entry; and

2. If the offices are unoccupied, the chief of police shall first make a reasonable effort to locate the licensee or other person(s) having charge or control of the offices and demand entry.

C. No person shall fail or neglect, after proper demand, to admit the chief of police, while acting within the scope of his employment, to the licensee’s principal or branch office, or to interfere with the chief of police while in the performance of his duty. (Ord. 352 § 3, 1974).

5.12.320 License and registration not endorsement by city.

All licenses and registrations issued under the provisions of this chapter shall state that the same is not an endorsement by the city for the purpose of performing private security services or of the persons performing the same. (Ord. 352 § 15, 1974).

5.12.330 Additional rules and regulations.

The city clerk is authorized to make and enforce rules and regulations not inconsistent with the provisions of this chapter, and it is unlawful to violate or fail to comply with any of said rules and regulations. All of such rules and regulations as promulgated by the city clerk shall be reduced to writing and mailed to each licensee for his information and for distribution to his employees. (Ord. 352 § 34, 1974).

5.12.340 Exemptions.

The provisions of this chapter shall not apply to:

A. A person employed exclusively and regularly by one employer in connection with the affairs of such employer where there exists an employer-employee relationship;

B. An officer or employee of the United States of America, or of the state or a political subdivision thereof, while the employee or officer is engaged in the performance of official duties;

C. A person engaged exclusively in the business of obtaining and furnishing information in relation to the financial rating of persons;

D. An attorney-at-law in performing his duties;

E. Admitted insurers, agents, and insurance brokers licensed by the state, performing duties in connection with insurance business transacted by them. (Ord. 352 § 5, 1974).

5.12.350 Notice and order to violators.

A. The city clerk shall issue a notice and order, pursuant to MICC 5.12.300, directed to the person whom the city clerk has determined to be in violation of any provision of this chapter. The notice and order shall contain:

1. The street address when available and a legal description sufficient for identification of the premises, upon which the violation is located;

2. A statement that the city clerk has found the conduct of the licensee or registrant to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or registrant in violation of this chapter;

3. A statement of any action required to be taken as determined by the city clerk;

4. A statement of any action taken by the city clerk;

5. Statements advising:

a. That the licensee or registrant may appeal from the notice and order of any action of the city clerk to the city council, provided the appeal is made in writing, specifically sets forth the grounds for appeal and is filed with the city clerk within 10 days from the date of service of such notice and order, and

b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

B. The notice and order, and any amended or supplemental notice and order, shall be served upon the licensee or registrant either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested to such licensee or registrant at his address as it appears on the license or registration. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing.

C. Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 352 § 36, 1974).

5.12.360 Appealable orders.

A. The city council shall have jurisdiction to hear appeal only from the following orders of the city clerk:

1. Suspension of licenses or registrations issued under this chapter; and

2. Revocations of licenses or registrations issued under this chapter.

B. The aggrieved party shall have the right to appeal the aforementioned orders of the city clerk by giving written notice thereof within 10 days after the service of the order appealed from. The notice of appeal shall specifically set forth the grounds for the appeal and shall specify an address at which the appellant may be given notice of hearing on the appeal. After the filing of such appeal, the city council shall set a time and place for hearing not more than 30 days from such notice of appeal. At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the city clerk. The city council shall determine whether the order of the city clerk shall be sustained, and its action in that respect shall be final and conclusive in all respects. From the time of filing the written notice of appeal by the licensee or registrant and until the hearing and action hereon by the city council, the order of the city clerk shall be stayed. (Ord. 352 § 38, 1974).