Chapter 5.32
PRIVATE DETECTIVES AND MERCHANT POLICE
Sections
5.32.030 License—application—fee
5.32.040 Investigation by chief of police
5.32.050 License—issuance standards
5.32.060 License—standards applicable to employees
5.32.070 License—notice of rejection
5.32.080 License—appeal procedure
5.32.100 License—nontransferable
5.32.110 License—revocation and suspension
5.32.150 Promulgation of regulations by chief of police
5.32.170 Registration of guards with chief of police
5.32.010 Definitions
For the purpose of this chapter:
“Merchant police” as used herein means any person, firm, or corporation engaged in the business of watching, guarding, or protecting any premises, property, or persons, for hire; provided, however, that the term shall 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, or any common carrier engaged in interstate commerce, employing a person to guard its property, or any individual employed by any such carrier or carriers to watch, guard, or protect premises, property, or persons for such carriers.
“Private detective” means any person who accepts employment for hire, fee, or reward, to furnish or supply information as to the personal character or actions or identity of any person, or as to the character or kind of business of any person. The term shall not include within its meaning a private investigator employed exclusively for one employer in connection with a business or collection agency. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States, or of any state or city. [Ord. 386 §1, 1973. CCK §6.3.1]
5.32.020 License—required
No person shall operate as a private detective or merchant police in the city without first obtaining a license as herein provided, from the chief of police. [Ord. 386 §1, 1973. CCK §6.3.2]
5.32.030 License—application—fee
Application for licenses issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state:
(a) The full name, age, residence, present and previous occupations of the applicant;
(b) Whether the person signing the application is a citizen of the United States;
(c) A specific description of the location of the principal place of business of the applicant;
(d) The number of years of experience the applicant has had as a private detective or in the related fields;
(e) The length of time applicant has been a bona fide resident of the state of Alaska immediately preceding the filing of the application;
(f) Such other information as the chief of police finds reasonably necessary to effectuate the general purpose of this chapter and to make a fair determination of whether the terms of this chapter have been complied with;
(g) The application required hereunder shall be accompanied by a full set of fingerprints and a recent photograph; and
(h) The application shall be accompanied by any required fees established by resolution or motion of the city council. [Ord. 951 §4, 1993; Ord. 386 §1, 1973. CCK §6.3.3]
5.32.040 Investigation by chief of police
Within 20 days after receipt of an application as provided herein, the chief of police shall cause an investigation to be made of the applicant and the proposed operation. [Ord. 386 §1, 1973. CCK §6.3.4]
5.32.050 License—issuance standards
The chief of police shall issue a license hereunder when the following are found:
(a) The applicant to be of good moral character; and
(b) That the applicant has never been convicted of any felony or of any offense against the decency and morals of any community, or any offense involving moral turpitude. [Ord. 784 §2, 1985; Ord. 386 §1, 1973. CCK §6.3.5]
5.32.060 License—standards applicable to employees
All employees of any person having or applying for a license hereunder shall meet the standards set forth above and shall be subject to all regulations of this chapter. [Ord. 386 §1, 1973. CCK §6.3.6]
5.32.070 License—notice of rejection
The chief of police shall act upon the application for a private detective or merchant police license within 20 days after the filing thereof. If the chief of police disapproves the application, the chief of police shall mail to the applicant, within 10 days after the date upon which the application was filed, a notice of the chief’s action, stating the reasons for the denial of the permit. [Ord. 386 §1, 1973. CCK §6.3.7]
5.32.080 License—appeal procedure
Any person aggrieved shall have the right of appeal of the denial of a private detective or merchant police license to the council. The appeal shall be taken within 10 days after notice. The council shall act upon the appeal within 15 days after its receipt. [Ord. 386 §1, 1973. CCK §6.3.8]
5.32.090 License—fee payment
A license shall be issued to a successful applicant upon payment of a license fee as set by KCC 5.32.030. [Ord. 386 §1, 1973. CCK §6.3.9]
5.32.100 License—nontransferable
Licenses issued hereunder shall not be transferable. [Ord. 386 §1, 1973. CCK §6.3.10(A)]
5.32.110 License—revocation and suspension
Licenses issued hereunder shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of this chapter or misconduct by the licensee or employees of the licensee, after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify the licensee, by personal service, of such suspension or revocation. [Ord. 386 §1, 1973. CCK §6.3.10(B)]
5.32.120 License—renewal
The chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time the licenses have expired, upon payment of the license fee. [Ord. 386 §1, 1973. CCK §6.3.10(C)]
5.32.130 License—term
All licenses issued hereunder shall be for a term of one year. [Ord. 386 §1, 1973. CCK §6.3.10 (D)]
5.32.140 Bond requirements
(a) No license shall be issued for a private detective hereunder unless the applicant files with the city a surety bond, executed by such applicant with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of $10,000, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.
(b) No license shall be issued hereunder to a merchant police applicant unless the applicant files with the city a surety bond, executed by such applicant, with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of $5,000, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.
(c) The bond or approved security required herein shall be taken in the name of the people of the city of Kodiak and the state of Alaska, and every person injured by the negligent, willful, malicious, or wrongful act of the principal, the principal’s agent, servant, or employee, or in the conduct of business of a private detective, may bring an action on the bond in their own name and recover damages for such negligent, willful, malicious, or wrongful act.
(d) The chief of police shall suspend any license when the bond or other approved financial security required herein shall have lapsed or is reduced by reason of a judgment thereon, or for any other reason is no longer in full force and effect. [Ord. 386 §1, 1973. CCK §6.3.11]
5.32.150 Promulgation of regulations by chief of police
The chief of police shall have the authority to enact and enforce reasonable rules and regulations for the operation of a private detective or merchant police in the interest of public safety, morals, and welfare and to effectuate the general purpose of this chapter. [Ord. 386 §1, 1973. CCK §6.3.12]
5.32.160 Duties of licensee
(a) The licensee hereunder shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on the place of business described in such license. The licensee shall carry on the licensee’s person at all times when performing services as a private detective a certificate of the license issued hereunder.
(b) No private detective licensed hereunder shall impersonate or hold such private detective out as a peace officer of this state; nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or with any insignia thereon bearing likeness to the insignia used by the peace officers of this state. [Ord. 386 §1, 1973. CCK §6.3.13]
5.32.170 Registration of guards with chief of police
Any individual who has only one employer and who is employed to watch, guard, or protect the premises, property or that of the employer, shall register with the chief of police and carry identification furnished by the chief of police while on duty. The city shall require a reasonable deposit on all identification and badges furnished such registrants. [Ord. 386 §1, 1973. CCK §6.3.14]
5.32.180 Uniforms
It is 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 button similar to, or in imitation of, the police and fire department. Any person, firm, or corporation desiring to provide merchant police, watchmen, guards, or other licensees regulated by this chapter, shall use no distinctive uniform, cap, badge, or buttons to be worn by such persons or employees thereof, until the form, design, and color thereof shall have been first submitted to and approved by the chief of police. [Ord. 386 §1, 1973. CCK §6.3.15]