Chapter 5.40
SECURITY SERVICES
Sections:
5.40.030 Permit – Application.
5.40.040 Listing on permit required.
5.40.050 Removal from permit – When.
5.40.060 Permit – Investigation.
5.40.100 Permit – Prerequisite of issuance.
5.40.110 Equipment requirements.
5.40.130 Permit to be carried on person.
5.40.140 Permit – Grounds for denial and revocation.
5.40.150 Permit – Revocation or suspension.
5.40.160 Permit – Hearing upon nonrenewal or revocation.
Prior legislation: Ord. 719.
5.40.010 Definitions.
As used in this chapter, certain words and phrases appearing in this chapter are defined as follows:
“Chief Law Enforcement Officer” means Chief of Police or contract ranking officer of the County Sheriff’s station.
“Security guard” means private investigators, private patrol operators, uniformed employees or private patrols, night watchmen, protection dog operators and any other person defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
“Security services” means persons who, for consideration, are guarding, protecting or patrolling property or protecting, defending or guarding persons, or any other persons defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.010].
5.40.020 Permit – Required.
No person or company shall operate a security service in the incorporated area of the City unless he holds a current, unrevoked permit issued to expire at the end of one year from time of issue. Said permit may be prorated on a quarterly basis for the first year. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.020].
5.40.030 Permit – Application.
Applications for a permit to operate a security service shall be made to the City upon the form provided which shall include the following:
A. Name, residence address of the applicant, address of business and the fictitious name, if any, under which the applicant proposes to do business. Any change of business or residence address shall be reported within 10 working days to the responsible City staff member handling applications;
B. The experience of the applicant in the operation of security services;
C. A map of the district, territory or area proposed to be served by the security service;
D. A complete description of each vehicle to be operated by the applicant or his employee;
E. Names and addresses of all security guards who are owners, members or who will be employees of the patrol system. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.030].
5.40.040 Listing on permit required.
No operator of a security service shall employ or utilize the services in any way of a security service whose name is not on the permit of such operator, or who does not possess a valid and subsisting permit. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.040].
5.40.050 Removal from permit – When.
The permittee of a patrol system shall, within five days after any security guard is no longer an owner, member or employee of such permittee, notify the City and thereupon return any permit which may have been issued to such patrolman by the City. The City shall cause such patrolman’s name to be removed from the permit of such patrol system. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.050].
5.40.060 Permit – Investigation.
Upon the receipt of a completed application, the Chief Law Enforcement Officer of the City shall conduct an investigation to determine that the public health, safety, welfare, convenience and necessity require the granting of the permit and shall further determine if the applicant meets all of the requirements of this chapter and the laws of the State. Upon completion of the investigation by the Chief Law Enforcement Officer for the City, he/she shall recommend to the City that the permit be granted or denied. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.060].
5.40.070 Permit hearing.
If the City determines that a permit shall not be issued, the applicant has the right to demand a public hearing. A request for hearing shall be made in writing to the City within 15 calendar days following notification of the decision of the City to deny the permit. Upon receipt of a written request, the City shall set the matter for hearing not more than 30 days following receipt of the written request. At the hearing, the applicant shall have the burden of proof to show facts of why a permit should be issued and why it meets the requirements of this chapter and the laws of the State. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.070].
5.40.080 Permit renewal.
Permits to operate a security service may be renewed annually by the Chief Law Enforcement Officer of the City upon application by a permittee if the Chief Law Enforcement Officer determines that the permittee remains in compliance with the provisions of this chapter. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.080].
5.40.090 Permit transfer.
No permit shall be transferred to another person except upon prior approval of the City and upon the recommendation of the Chief Law Enforcement Officer of the City. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.090].
5.40.100 Permit – Prerequisite of issuance.
Prior to issuance of the permit, the applicant shall:
A. Pay the first year fee, or prorate a portion thereof;
B. File copies of certification or licenses required by the California Business and Professions Code in Chapter 11 (commencing with Section 7500) of Division 3, for each security guard employed. The applicant will supply, within five working days, copies of certificates and licenses of each new employed security guard during time of permit;
C. The applicant shall furnish a letter agreeing that the City is not obligated to pay for any costs or damages incurred by their service;
D. The applicant shall furnish liability insurance with a minimum policy of $1,000,000 per incident, showing the City as additionally insured. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.100].
5.40.110 Equipment requirements.
A. Uniforms shall not resemble the law enforcement agency of the City;
B. Badges shall not resemble or represent in design the law enforcement agency of the City;
C. Vehicles shall not have emblems on doors that resemble the law enforcement agency of the City. Vehicles may have “Security” in three-inch letters on the trunk lid;
D. Lighting on vehicle shall conform to the California Vehicle Code;
E. The Chief Law Enforcement. Officer of the City shall have final approval of uniforms, badges and vehicles to ensure compliance with this section. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.110].
5.40.120 Permit issuance.
Upon issuance of a permit, the permittee shall have the right to provide security services for which he has been granted a permit. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.120].
5.40.130 Permit to be carried on person.
While engaged in his duties, a security guard shall keep his permit upon his person at all times. [Code 1987 § 5.25.130].
5.40.140 Permit – Grounds for denial and revocation.
The granting of a permit or a renewal may be denied and an existing permit may be revoked or suspended for any of the following grounds:
A. The permittee or applicant has made false statements or fails to disclose facts in material matter either in his application or in any reports or other documents furnished to the City;
B. The permittee does not maintain and operate his vehicles and other equipment in the manner and in the condition required by this chapter;
C. The permittee knowingly employs persons who do not meet the standards or requirements or have the certificates or licenses required by this chapter;
D. The permittee or applicant is not the real party in interest in the business;
E. Any other grounds or conduct as defined in Chapter 11 (commencing with Section 7500) of the Business and Professions Code of California, which are violations;
F. If the permittee or applicant:
1. Is required to register as a sex offender under Section 290 of the California Penal Code;
2. Habitually uses, or is addicted to the use of, or uses narcotic or dangerous drugs or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs within the past 10 years;
3. Is a habitual user of intoxicating beverages to excess. Habitual to be at least three arrests and convictions of drunk in public or driving while under the influence in a two-year period;
4. Has been convicted of any offense involving moral turpitude;
5. Convicted of any offence relating to security services. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.140].
5.40.150 Permit – Revocation or suspension.
A. Every permit granted under this chapter is granted and accepted by all parties with the express understanding that the permit may be revoked or suspended for any cause specified in this chapter by the Chief Law Enforcement Officer of the City after 10 working days’ notice to the permittee to be heard on the matter;
B. If, after such hearing, the Chief Law Enforcement Officer finds that grounds for revocation or suspension still exist, he/she may then revoke or suspend the permit. If a permit is suspended, the permittee shall cease operation until the Chief Law Enforcement Officer removes the suspension;
C. Failure to cease operations shall be a misdemeanor. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.150].
5.40.160 Permit – Hearing upon nonrenewal or revocation.
If renewal of a permit is denied or if revoked by the Chief Law Enforcement Officer, the permittee shall have the right to demand a hearing thereon. A request for a hearing shall be made in writing to the City within 15 calendar days following notification of the denial or revocation of the permit. Upon receipt of a written request, the City shall set the matter for hearing on a date not more than 60 days following receipt of the written request and give notice to the appellant and the Chief Law Enforcement Officer of the date of hearing. At the hearing, the parties may present evidence relevant to the decision for denial or revocation. The hearing may be public or closed depending on request of permittee. Within 15 working days following the conclusion of the hearing, a written decision will be given. [Ord. 1001 § 11, 1995. Code 1987 § 5.25.160].