Chapter 5.16
MERCHANT PATROL SERVICES*
Sections:
5.16.020 License – Required when – Hiring by another person required.
5.16.030 License – Fees – Expiration date – Nontransferable.
5.16.040 License – Application – Contents.
5.16.050 License – Bond required.
5.16.060 Possession of identification card required.
5.16.070 License – Revocation.
5.16.080 Applicability to government and private employees.
5.16.090 Unauthorized entry onto private property prohibited.
*Prior legislation: Ord. 766.
5.16.010 Definitions.
The following terms, for the purposes of this chapter, shall have the following meanings:
A. “Guard” means any person engaged in the guard business as that term is defined in this section, and includes any employee of a guard agency performing such duties.
B. “Guard agency” means any person, firm or corporation engaged in the guard business, as that term is defined in this section, employing one or more persons as employees, assistants, clerks or operatives.
C. “Guard business” means the business of, or the representation of being engaged in the business of, guarding as an independent contractor the personal safety or property of a client by continuous physical presence at the premises of a single client during the periods for which such services are purchased by such client. This term does not include the business of acting for more than one client during any given period of operation purchased by said client, nor shall it include policing of recreational or sporting events for purposes of crowd control or observation of criminal conduct at such events.
D. “Merchant patrol agency” means any person, firm or corporation engaged in the merchant patrol business, as that term is defined in this section, employing one or more persons as employees, assistants, clerks or operatives.
E. “Merchant patrol business” means the business of or the representation of being engaged in the business of patrolling buildings, streets or districts as an independent contractor for hire by private clients for the purpose of periodically inspecting certain premises or locales, including private residences, to ensure the safety of such clients and their property. This term includes both lessors and lessees of merchant patrol districts or routes as the same are designated by the council pursuant to this chapter.
F. “Merchant patrolman” means any person engaged in the merchant patrol business, as that term is defined in this section, including employees of a merchant patrol agency.
G. “Private police officer” means an employee of a merchant or business concern who shall be employed for the purpose of deterring the possible commission of crimes upon the premises of such a merchant or concern through physical presence in uniform or non-uniform attire at such premises. Such private police officer shall not carry police commissions and shall have no greater power of arrest than any other citizen.
H. “Security agency” means any person, firm or corporation engaged in the business of employing a security officer for the purposes of providing services of such security officers to other persons, firms, corporations or agencies.
I. “Security officer” means any person employed by, or under contract with, any merchant for the primary purposes of safeguarding merchandise and property, and detecting and apprehending shoplifters. A security officer shall carry a special police officer commission, issued and approved by the chief of police, for effecting the arrest of such offenders.
1. The term “security officer” may also include any person who has been so designated and commissioned pursuant to MMC 1.02.010 by the chief of police and who is hired or under contract with any governmental agency, private institution, school, organization or firm, to provide security to the premises of such agency, organization, school or firm or, where necessary, crowd control of recreational or sporting events by guarding buildings and property owned solely by that employing agency, observing violations that occur, and making arrests, if necessary. Any person commissioned for this purpose shall have authority to arrest only on the property of the employing agency unless it becomes necessary to pursue an offender for an unlawful act, which occurred thereon. Said security officer shall in no way compete with those firms licensed as merchant patrol agencies assigned designated merchant patrol district and routes. (Ord. 1434 § 1, 1999).
5.16.020 License – Required when – Hiring by another person required.
It is unlawful for any person, firm or corporation to act as a merchant patrolman, guard, or security officer, or to engage in business as a merchant patrol agency, merchant guard agency, or security agency within the city without first obtaining a license pursuant to the provisions of this chapter. No person shall be eligible for licensing as a merchant patrol, guard or security officer unless specifically hired by or under a contract or a lease agreement with another person, firm or corporation to perform such services. (Ord. 1434 § 1, 1999).
5.16.030 License – Fees – Expiration date – Nontransferable.
The fee for a merchant patrol agency, guard agency or security agency shall be $50.00 per year. The fee for a merchant patrolman, guard, or security officer shall be $10.00 per year. All licenses shall expire on the thirty-first day of December of the year of issue. No license shall be transferable. (Ord. 1434 § 1, 1999).
5.16.040 License – Application – Contents.
A. Application for licenses shall be made to the clerk on such forms as the 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, and the address of his/her place of business and name of his/her employer, if any, and shall show sufficient facts to prove good character, competency and integrity and shall list any police criminal records. 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 qualification herein set forth.
B. 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/her photograph taken and a full investigation made into the character, reputation and ability of the applicant.
C. If the chief of police finds that the applicant is a proper person to hold a license, he shall direct the clerk to issue the license; otherwise he shall direct the clerk to deny said license. Licenses may be renewed from year to year by the 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 clerk, which applications for renewal shall then be handled in the same manner as original applications.
D. No license required herein shall be issued to any person unless he/she is of good moral character and has never been convicted of a felony. If the issuance of a license hereunder is denied, the applicant shall have the right of hearing before the council by filing an appeal within 10 days after such permit is denied. The findings of the council on such appeal shall be final and conclusive. (Ord. 1434 § 1, 1999).
5.16.050 License – Bond required.
No license shall be issued until the applicant has filed with the clerk a bond in the sum of $5,000 running to the city in a form approved by the 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 licensees may bring an action of said bond in his/her name to recover damages suffered by reason of such willful, malicious or wrongful act. (Ord. 1434 § 1, 1999).
5.16.060 Possession of identification card required.
Every merchant patrolman and employer of merchant patrolman agencies shall at all times have in his/her 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, thumbprint, and signature. Upon the revocation or expiration of any license, such identification card shall be surrendered to the chief of police. (Ord. 1434 § 1, 1999).
5.16.070 License – Revocation.
Any license issued under this chapter may be revoked by the council for sufficient cause after a public hearing held before the council; provided, that the licensee shall be given prior written notice of said hearing and be given an opportunity to be heard. (Ord. 1434 § 1, 1999).
5.16.080 Applicability to government and private employees.
Nothing in this chapter shall apply to any person or employer 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/her 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. 1434 § 1, 1999).
5.16.090 Unauthorized entry onto private property prohibited.
This chapter is not intended to and does not license any merchant patrol agency or merchant patrolman or any other person not having been requested or invited to do so by the owner or occupant thereof to go in or upon private property used for residential purposes for the purposes of his/her said business; and the practice of going in and upon private property used for residential purposes in the city by any merchant patrol agency or merchant patrolman or any other person not having been required or invited to do so by the owner or occupant of said property, for the purpose of selling, attempting to sell, or soliciting the sale and purchase of any goods or services is declared to be a public nuisance and a misdemeanor, punishable as a violation of this chapter. (Ord. 1434 § 1, 1999).
5.16.100 Violation – Penalty.
Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in RCW Titles 9 and 77. (Ord. 1434 § 1, 1999).