Chapter 5.25


5.25.010    Definition.

5.25.020    Compliance with code and licenses required.

5.25.030    Application for license.

5.25.040    Investigation of applicant by city manager – Report to council.

5.25.050    Issuance of license.

5.25.060    License fee.

5.25.070    Surety bond.

5.25.080    Revocation of license.

5.25.090    Periodic investigations by the city manager.

5.25.100    Rules and regulations.

5.25.110    Persons employed to watch by one employer.

5.25.120    Uniforms, badges, buttons, etc.

5.25.010 Definition.

For purpose of this chapter, “merchant police” means any person engaged in the business of watching, guarding or protecting any premises, property or persons. The term does not include any individual who has only one employer and who is employed to watch, guard or protect only the premises, property or person of that employer, any common carrier engaged in interstate commerce, or any individual employed by the carrier to watch, guard or protect premises, property or persons for such carriers. [Code 2000 § 9.305.]

5.25.020 Compliance with code and licenses required.

It shall be unlawful for any person to own or operate a merchant police business, or engage in business as a merchant policeman, except as provided in and authorized by this chapter and without first having obtained a license from the city. [Code 2000 § 9.310.]

5.25.030 Application for license.

Before any license is issued under this chapter, the applicant shall submit to the city recorder a written application for the license. The application shall include the following information:

(A) An affidavit signed and sworn to before a notary public, setting out the full name, age, residence, present occupation and occupations for the preceding five years of the applicant shall be submitted by any such person proposing to engage in the business of merchant policeman. The affidavit shall be referred to the city manager for investigation and shall show facts sufficient to prove to the satisfaction of the city manager the good character, competency and integrity of each such applicant and shall list any previous arrests or convictions of a crime.

(B) Each applicant shall be supported by statements in writing from not less than three reputable citizens, each of whom shall certify that he has personally known the applicant for a period of at least five years prior to the filing of such affidavit, and that he believes the applicant is competent, honest and of good character, and that he would recommend to the council that the applicant is suitable to engage in a merchant police business. [Code 2000 § 9.315.]

5.25.040 Investigation of applicant by city manager – Report to council.

If the city manager finds after investigation that the character, competency and integrity of the applicant are such as to command the confidence of the public and that all other requirements have been met, he shall submit a written report to the council and recommend that the license be issued or denied. [Code 2000 § 9.320.]

5.25.050 Issuance of license.

The license shall be issued by the council through the city recorder, who shall only issue the license upon motion made and passed by the council. If the council authorizes and directs the issuing of the license, the applicant shall pay to the city recorder the annual license fee required by CMC 5.25.060. [Code 2000 § 9.325.]

5.25.060 License fee.

The annual license fees for merchant police businesses and those in business as merchant policemen shall be $25.00. [Code 2000 § 9.330.]

5.25.070 Surety bond.

Every applicant for a license shall, before receiving the license, furnish a surety bond in the sum of $1,000, conditioned on the faithful performance and honest conduct of himself and his employees who will be engaged in watching, guarding or protecting the undertakings of the person licensed under this chapter. The bond shall be payable to the city or to any other affected person, business or corporation and shall guarantee the payment of any judgment secured against such licensee for his negligence, default or breach of conduct in the performance of his duties authorized by the license, up to the sum of $1,000. [Code 2000 § 9.335.]

5.25.080 Revocation of license.

If at any time the activities of the licensee or employees are such that the best interests of the city are not fully protected, then, upon recommendation of the city manager, the council may revoke the license granted under this chapter. [Code 2000 § 9.340.]

5.25.090 Periodic investigations by the city manager.

It shall be the duty of the city manager to make periodic investigations of the activities of any licensee and to ascertain any and all information which may be of benefit to the council in determining whether or not such license should be continued in force and effect. [Code 2000 § 9.345.]

5.25.100 Rules and regulations.

The council may issue and promulgate from time to time rules and regulations to protect the health, safety and peace of the citizens of the city in relation to the merchant police business. Such rules may require reports to be furnished to the city manager concerning the licensee and those employed by the licensee. [Code 2000 § 9.350.]

5.25.110 Persons employed to watch by one employer.

Any individual who has only one employer and who is employed to watch, guard or protect the premises, property or person of that employer shall register with the city manager and carry identification furnished by the city manager while on duty. The city shall require a reasonable deposit on all identification and badges furnished such registrants. [Code 2000 § 9.355.]

5.25.120 Uniforms, badges, buttons, etc.

It shall be unlawful for any merchant policeman, guard or other licensee regulated by this chapter and not a member of the police or fire department to wear a uniform, cap, badge or buttons similar to or in imitation of the official uniform, cap, badge or buttons at the time in use by the members of the police and fire department. Any person desiring to provide merchant police, watchmen guards or other licensees regulated by this chapter with distinctive uniform, cap, badge or buttons, to be worn by such persons or employees thereof, shall not do so until the form, design and color thereof has been submitted to and approved by the city manager. [Code 2000 § 9.360.]