Chapter 6.40
MERCHANT PATROL/PRIVATE DETECTIVES

Sections:

6.40.040  Licensing required.

6.40.080  Definitions.

6.40.120  Surety bond.

6.40.160  Identification.

6.40.200  Exemptions.

6.40.240  License fees.

6.40.280  Uniforms.

6.40.320  Qualifications.

6.40.360  Suspension – Revocation – Notice of appeal – Hearing.

6.40.040 Licensing required.

It shall be unlawful for any person, firm or corporation to act as a merchant patrolman or private detective or to engage in any business as a private detective agency or a merchant patrol agency in the city of Ellensburg without first having obtained a license issued pursuant to the provisions of this chapter. [Ord. 3501 § 1, 1985.]

6.40.080 Definitions.

The following definitions shall apply to provisions of this chapter:

A. “Merchant patrol agency” or “private detective agency” shall mean any person, firm or corporation engaged in the merchant patrol business or private detective business, as that term is hereinafter defined, employing one or more persons as employees, assistants, clerks or operatives.

B. “Merchant patrol business” shall mean the business of or the representation of being engaged in the business for hire or reward as an independent contractor of guarding or protecting persons or property or patrolling building, streets or districts for such purpose.

C. “Merchant patrolman” or “private detective” shall mean any person engaged in the merchant patrol business or the detective business, as that term is hereafter defined, who does not employ or use any employees, assistants, clerks or operatives.

D. “Private detective business” shall mean the business of or the representation of being engaged in the business of making an investigation or investigations for hire or reward, with reference to any of the following matters: detecting, discovering or revealing crime or criminals, or securing secret information or evidence relating thereto; the habits, conduct, movements, whereabouts, associates, reputation, character or actions of any persons, firms or corporations; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the causes, origin or responsibility for fires, accidents, and injuries to real or personal property; the securing of evidence to be used before authorized investigating committees, boards, or in the trial of any civil or criminal case. [Ord. 3501 § 1, 1985.]

6.40.120 Surety bond.

The applicant for a license under this section shall file with his, her or its application a surety bond in the sum of $2,000 to be payable to the city of Ellensburg, in a form approved by the city attorney and with the surety approved by the city finance director/treasurer. It shall be conditioned upon the faithful and honest conduct of such business by the applicant and compliance with the requirements of this chapter. [Ord. 3501 § 1, 1985.]

6.40.160 Identification.

Every private detective, merchant patrolman and employee of a private detective or merchant patrol agency shall at all times have in his possession an identification card in a form approved by the chief of police, and such card shall have thereon, in addition to such other information and date as may be required by the chief of police, the licensee's photograph, thumbprint and signature. Upon the revocation, suspension or expiration of any such license, such identification card shall be surrendered to the chief of police. [Ord. 3501 § 1, 1985.]

6.40.200 Exemptions.

The provisions of this chapter shall not apply to:

A. Any officer or employee of any department or agency of the United States or of any state, county, city or municipal corporation while engaged in the performance of his official duties;

B. Any person, firm or corporation furnishing information concerning the financial standing and credit of others, the personal habits and financial responsibility of applicants for insurance, bonds or commercial credit;

C. Private police or watchmen not acting as independent contractors but acting as employees of a firm, person or corporation other than one engaged in the business licensed by this chapter; and

D. Private detective whose principal place of business is not in the city of Ellensburg; provided, that his business in the city is of a temporary nature only and that he shall have before engaging in his activities in this city registered with the chief of police of the city of Ellensburg. [Ord. 3501 § 1, 1985.]

6.40.240 License fees.

The license fees for merchant patrolmen, private detectives, merchant patrol agencies and detective agencies shall be and are hereby fixed as provided in Chapter 6.54 ECC. [Ord. 3501 § 1, 1985.]

6.40.280 Uniforms.

No uniform worn by any private detective or merchant patrolman licensed under this chapter shall in any way be similar to those uniforms worn by regular city, county or state law enforcement officials. [Ord. 3501 § 1, 1985.]

6.40.320 Qualifications.

All applicants who apply for licensing under this chapter shall submit to and cooperate in connection with a background investigation by the chief of police of the city of Ellensburg prior to the issuance of any license. A prior conviction or forfeiture of bail for any felony, arrest for theft or fraud, drug offense or any other crime involving moral turpitude shall be sufficient cause for denial of the license applied for. [Ord. 3501 § 1, 1985.]

6.40.360 Suspension – Revocation – Notice of appeal – Hearing.

Failure to continue to meet the qualifications of an applicant as set forth in ECC 6.40.320 shall be grounds for the suspension and/or revocation of the license. Upon the licensee becoming disqualified by failing to continue to meet the criteria and qualifications set forth above, the city manager of the city of Ellensburg shall give written notice of 10 days to the applicant that his license will be suspended and/or revoked. Any time during the 10-day period from the time that the letter is sent until the expiration of the 10 days, the licensee may file a notice of appeal to the city council and request a hearing before the city council as to why his license should not be revoked. The city council shall conduct a hearing within 10 days of receipt of the notice of appeal and shall make a decision within five days after the hearing has been conducted. [Ord. 3501 § 1, 1985.]