Chapter 5.40
MERCHANT PATROLS, PRIVATE DETECTIVES AND PRIVATE SECURITY OPERATORS

Sections:

5.40.010  Purpose and scope.

5.40.020  Business license—Required.

5.40.030  License—Applications.

5.40.060  Business license fees.

5.40.070  Requirements of operation/private security operators.

5.40.080  Identification card.

5.40.090  Reports required.

5.40.100  License—Grounds for denial.

5.40.110  License—Grounds for suspension—Revocation required when.

5.40.010 Purpose and scope.

It is the intent of the city, by this chapter, to regulate in the interest of public safety and welfare, those individuals, partnerships and/or corporations who act as private detectives, private security operators, or who engage in the merchant patrol business. No individual licensed as a private detective or private security operator and no partnership or corporation licensed in such capacity shall be deemed an employee of the city nor shall any such individual, partnership or corporation be entitled to any of the benefits or immunities applying to employees of the city. Private security operators shall include businesses which provide interconnected alarm type services with a response to local businesses. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3036 § 1, 1986; Ord. 3008 § 1, 1985)

5.40.020 Business license—Required.

A. It is unlawful for any person, partnership or corporation to engage in the private detective business or in the business of being a private security operator without being the holder of a valid and subsisting license, issued under the provisions of this chapter, to be designated as a security-related business license. Every such license shall expire at the end of the calendar year in which the same is issued and shall be nontransferable; provided, however, only the business owner or operator shall be required to obtain such a license.

B. In addition to the requirements of this section, a condition to the issuance of such license shall be that the applicant be licensed by the county and demonstrate that the insurance requirements required by the county are in full force and effect and that such coverage includes work performed within the city. In the event the applicant is not licensed by the county, such applicant shall obtain similar coverage applicable to the city and provide evidence of such at the time of application. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3036 § 2, 1986; Ord. 3008 § 2, 1985)

5.40.030 License—Applications.

Any person, firm, partnership or corporation desiring to engage in the following business activities within the city, namely:

A. Private investigations or performance as private investigators;

B. Private security operations or employment of private security operators, or merchant patrols;

shall make application in writing to the clerk-treasurer for a license to do so accompanied by the license fee required, which shall be deposited with the clerk-treasurer. The application shall be made on the form provided, which form shall be available at the office of the clerk-treasurer of the city. The application must be filled out in detail and no application shall be acted upon by the city until completed in its entirety. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 1, 1985)

5.40.060 Business license fees.

Each such business described in Section 5.40.030 of this chapter shall remit to the city an annual license fee of one hundred dollars whether operated by a single individual or being an agency or business employing additional operatives. In the event the business is comprised of more then a single private security operator or private detective an additional twenty-five dollars per year fee shall be paid for each such individual with a maximum annual fee not to exceed two hundred dollars. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 5, 1985)

5.40.070 Requirements of operation/private security operators.

Effective January 1, 1986, all private security operators and their field employees shall wear approved uniforms while conducting business. If badges or shields are issued the form and type of such identification instrument shall be approved by the chief of police. Such uniforms shall be approved by the police chief or his designate and shall be dissimilar to those worn by the police department. In addition vehicles used in patrolling shall be distinctly marked to identify the business. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 10, 1985)

5.40.080 Identification card.

Every person acting as a private detective or as a security related business operator under the provisions of this chapter shall at all times have in his or her possession an identification card in a form to be approved by the city clerk and the chief of police. The identification card, in addition to such requirements as may be provided by the city clerk and chief of police, shall include a photograph of the holder and shall bear his or her thumbprint and signature. It is unlawful for any person to engage in any work coming within the purview of this chapter without having such an identification card in his or her possession. It is unlawful for an unlicensed person or employee of an unlicensed agency to have such identification card. Upon revocation of license or authority to act, the identification cards of all employees of an agency whose license has been revoked shall be surrendered. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 11, 1985)

5.40.090 Reports required.

A. Every private security operator shall make a written report to the police department of the city immediately after the conclusion of his daily hours of work as such patrolman, upon forms approved by the police department, of any irregularity tending to show that a crime has been committed or may be committed which he shall have found during the time of his immediately preceding working hours.

B. Every private security operator shall provide the police department of the city with a listing of all persons (other than his employer, if employed by the holder of a security related business license) for whom he performs the service of merchant patrolman, and he shall keep such listing current at all times by appropriate additions and/or deletions. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 9, 1985)

5.40.100 License—Grounds for denial.

Discovery of false statements of material facts in the application for the license or application for background check shall be automatic grounds for the denial of such license or authorization to perform services. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 7, 1985)

5.40.110 License—Grounds for suspension—Revocation required when.

The arrest of a holder of such a license, or of his agent, or of the agent, officer, director or majority shareholder of any corporation involving such a license, for a crime involving moral turpitude shall result in the immediate suspension of the license and the person, firm, partnership or corporation shall immediately cease its activities in those areas described above in the city until so authorized by the city manager following an investigation by the police department. Any conviction of the holder of any such license or of his agent or of the agent, officer, director or majority shareholder of any corporation holding such a license for a crime involving moral turpitude shall result in an immediate revocation of the license, and no reissuance of the license shall be approved until a new application and bond have been presented to the city manager and a favorable recommendation made by the police department following a new investigation of the applicant. (Ord. 3579 § 1, 2005; Ord. 3563 § 1, 2005; Ord. 3008 § 8, 1985)