Chapter 5.28
MERCHANT PATROLMEN

Sections:

5.28.010    License required.

5.28.020    Definitions.

5.28.030    Agency and license fee.

5.28.040    License application – Issuance.

5.28.050    Bond.

5.28.060    Identification card required.

5.28.070    False report – Relating information.

5.28.080    License – Revocation.

5.28.090    Chapter exemptions.

5.28.010 License required.

It is unlawful for any person, firm or corporation to act as a merchant patrolman or merchant patrol agency without being the holder of a valid and subsisting license issued under the provisions of this chapter. (Ord. 1193 § 1, 1953).

5.28.020 Definitions.

“Merchant patrol business” means the business of, or the representation of being engaged in the business for hire or reward and as an independent contractor of guarding or protecting persons or property or patrolling buildings, streets or districts for such purposes.

“Merchant patrolman” means any person engaged in a merchant patrol business who does not employ or use any employees, assistants, clerks or operatives. (Ord. 1193 § 2, 1953).

5.28.030 Agency and license fee.

The fee for a merchant patrol agency shall be $50.00 per year. The fee for a merchant patrolman license shall be $25.00 per year. All licenses shall expire on the 31st day of December, of the year of issue. No license shall be transferable. (Ord. 1193 § 3, 1953).

5.28.040 License application – Issuance.

Application for licenses shall be made to the city clerk on such form as the city clerk may require, which shall show thereon the applicant’s name, age, present and previous residence and occupation for a period of not less than five years, immediately prior to such application, the address of his place of business and name of his employer, if any, and shall state whether or not the applicant has ever been convicted of a felony. Such application shall be signed and verified by the applicant. If the applicant is a firm or corporation, the application shall be made by the manager, who shall meet the qualifications herein set forth.

All applications for licenses shall be forwarded to the chief of police for investigation and report. The chief of police shall require that each applicant be fingerprinted and his photograph taken and a full investigation made into the character, reputation and ability of the applicant.

If the chief of police finds that the applicant is a proper person to hold a license, he shall direct the city clerk to issue the license, otherwise he shall direct the city clerk to deny said license. Licenses may be renewed from year to year by the city clerk without referral to the chief of police, except as to those licenses which the chief of police in writing requires further investigation and so advises the city clerk, which applications for renewal shall then be handled in the same manner as original applications. No license required herein shall be issued to any person unless he is of good moral character and has never been convicted of a felony. If the issuance of any license hereunder is denied, the applicant shall have the right of hearing before the city council by filing an appeal within 10 days after such permit is denied. The findings of the city council on such appeal shall be final and conclusive. (Ord. 1193 § 4, 1953).

5.28.050 Bond.

No license shall be issued until the applicant has filed with the city clerk a bond in the sum of $5,000 running to the city in form approved by the city attorney conditioned upon the faithful and honest conduct of such business by the applicant, the compliance with the requirements of this chapter and further conditioned that any person who has been injured by the willful, malicious or wrongful act of such licensee may bring an action on said bond in his name to recover damages suffered by reason of such willful, malicious or wrongful act. (Ord. 1193 § 5, 1953)

5.28.060 Identification card required.

Every merchant patrolman and employee of merchant patrol agency shall at all times have in his possession an identification card in form approved by the chief of police and having thereon, in addition to such information as may be required by the chief of police, the licensee’s photograph, thumb print, and signature. Upon the revocation or expiration of any license, such identification card shall be surrendered to the chief of police. (Ord. 1193 § 6, 1953).

5.28.070 False report – Relating information.

It is unlawful for any licensee hereunder to knowingly make or cause to be made any false report to his client or permit to be divulged or divulge any information acquired from or for his client to any person other than his client except when so authorized by his client or when so required by law. (Ord. 1193 § 7, 1953).

5.28.080 License – Revocation.

Any license issued hereunder may be revoked by resolution of the city council at any time for cause deemed to be sufficient, provided that before such revocation is made a public hearing shall be held before the city council, of which hearing the licensee shall be given notice and at which he shall be entitled to be heard. (Ord. 1193 § 8, 1953).

5.28.090 Chapter exemptions.

Nothing in this chapter shall apply to any person or employee of any department or agency of the United States or of any state, county, city or municipal corporations while engaged in the performance of his official duties. This chapter shall also not apply to private police or watchmen not acting as independent but acting as employees of a person, firm or corporation other than one engaged in the business as a merchant patrol agency. (Ord. 1193 § 9, 1953).