Chapter 5.25
ARMED GUARDS
Sections:
5.25.040 Carrying firearms—Requirements.
5.25.060 Application—Investigation.
5.25.080 License—Issuance requirements—Term.
5.25.100 Exhibition of license and identification cards upon request.
5.25.130 Suspension or revocation of license.
5.25.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings, unless the context clearly indicates a different meaning, respectively ascribed to them as follows:
“Agents and employees” means all persons employed by a guard company in the conduct of their business, not directly engaged in providing protection and preserving the peace.
“Applicant” means the person who makes a formal application to become a merchant guard or armed guard within the city of Glendale.
“Armed guard” refers to any business and their merchant guard, industry guard or bodyguard (including reoccurring dignitary protection details not staffed by the Glendale Police Department) wishing to carry a weapon in the performance of the duties while in the city of Glendale.
“Chief of Police” refers to and means Chief of Police of the city of Glendale.
“Glendale Police Department” or “department” refers to or means the Glendale Police Department.
“Industrial guard” means an individual who accepts employment from a single employer for the purpose of watching, guarding, or otherwise protecting the persons and/or property of the employer only, or to preserve the peace in the conduct of that employer’s business, except any individual so employed by any common carrier engaged in interstate commerce, but excludes maintenance men and installers, janitors, repairmen, or persons engaged in similar occupations.
“Licensee” means a person who has been approved to hold a merchant guard or armed guard license, or a company or business which has been approved to work in the city.
“Merchant guard” means any person, corporation, or organization that conducts or is engaged in the business of providing protection to persons and/or property, or preserving the peace in the conduct of any business, which is not their employer. (Ord. 2017-7 § 2 (part))
5.25.020 License—Required.
A. It is unlawful for any person, corporation or organization to engage in or conduct a merchant or armed guard company or business within the city, without first obtaining a company license as provided in this chapter. Industrial guards do not need to be licensed, as long as they are not armed.
B. It is unlawful for any merchant guard company or business to employ any merchant or armed guard to work within the city unless the person to be employed has obtained a license from the city of Glendale as provided in this chapter.
C. It is unlawful for any person to accept employment as a merchant or armed guard operating within the city without obtaining a license as provided in this chapter.
D. This chapter shall not apply to commissioned officers of the Glendale Police Department. (Ord. 2017-7 § 2 (part))
5.25.030 Armed guards.
This chapter shall apply to a company or business that employs armed guards. All armed guards must comply with the following requirements:
A. If merchant or industrial guards are armed, each guard must complete annual firearms training initially and additional refresher training each year thereafter. The classroom portion of such training will cover, at minimum, applicable laws regarding the use of force, including deadly force, company or business policy on the use of force while the armed guard is on duty, deescalation training, firearms safety, and instruction about proper care and maintenance of the weapon used by the guard. A copy of the company or business “Use of Force Policy” and a list of approved weapons and ammunition must be provided to the Glendale Police Department with the company’s or business’s armed guard company application.
B. Armed guards must qualify, with the weapon they will use while on duty, with their company or business on a course of fire approved by their company or business and administered by a certified instructor. A copy of the course of fire must be provided and approved by the Glendale Police Department upon the company or business requesting an armed company guard license.
C. The company or business must annually renew the license for both the business and each of its armed guards, to include a FBI history or copy of their state issued MED card for each of its armed guards who work in the city. Additionally, each armed guard must provide a current “Firearm Training Certification” form, an “Unlawful Acts Acknowledgment,” an “Armed Guard Defense and Indemnification” form and a “Medical and Character Acknowledgment.”
D. Any armed bodyguard (not including officers from the Glendale Police Department or other law enforcement officers on duty) conducting a protection detail in the city must advise the police department of their detail and provide them with the following information: contact information, event details, location, number of armed individuals working the event, nature of their activities and the time frames they expect to be in the city. (Ord. 2017-7 § 2 (part))
5.25.040 Carrying firearms—Requirements.
Licensees desiring to carry a firearm in the performance of their duties within the city shall present sufficient evidence of the necessity to be armed. The employer of the licensee or prospective employer of the licensee shall request in writing that the licensee be granted an armed permit and set forth the necessity for such permit.
The Chief of Police may approve or deny such requests based upon the necessity of the permit by the employer or prospective employer.
Notwithstanding the necessity of the request presented, no licensee is permitted to be armed within the city except as follows:
A. Licensee has met or exceeded firearms qualification standards as approved by the Chief of Police, proof of which shall be provided with the licensee’s application;
B. The firearm carried by the licensee is registered with the Chief of Police and is the same weapon as used to demonstrate qualification proficiency;
C. Both the firearm and ammunition carried by the licensee have been approved by the Chief of Police as to manufacturer, type, and caliber;
D. Licensee is armed only while on duty and in uniform on the premises of the employer;
E. The authorized firearm is carried in an open manner as part of such uniform; and
F. Nothing in this section or in the license issued is to be so interpreted to allow the carrying of a weapon concealed or otherwise, in violation of any provisions of this code, or of any law of the state or federal government. (Ord. 2017-7 § 2 (part))
5.25.050 License—Application.
Applicants for a license as an armed guard company or business or an employee of an armed guard company or business shall file an application with the Chief of Police or their designee, on forms to be provided for that purpose and shall contain the following:
A. In addition to the requirements of subsections C through I of this section, if applying for a license as an armed guard company or business: a description of the nature and type of business to be conducted, the services to be offered, and the area expected to be covered in the conduct of the business, and a statement as to the number of persons to be employed as agents or employees;
B. In addition to the requirements of subsections C through I of this section, if applying for a license as an employee of an armed guard company or business: the name of the company or business by whom the applicant is to be employed; the address where the applicant is to be employed; the nature of the services to be rendered and the purpose of the employment. In addition, the Chief of Police or their designee shall require evidence that the applicant will be employed by a guard company or business before the application is approved;
C. A FBI (Federal Bureau of Investigations) history, a statement as to whether or not the applicant has been convicted of any felony or violation involving moral turpitude or any acts of domestic violence, the nature of the offense, the penalty or punishment imposed, and the date and place where such offense occurred; or if a corporation or partnership, then if any officer, director, or partner has been convicted of any felony or violation involving moral turpitude or any acts of domestic violence;
D. A statement to the business or employment record of the applicant for the five (5) years immediately preceding the date of application;
E. A “Medical and Character Acknowledgment” signed by the guard company;
F. An “Unlawful Acts Acknowledgment” form;
G. A firearms training certificate;
H. An armed guard defense and indemnification form;
I. Any additional military discharge paperwork (DD214) and/or immigration paperwork needed. (Ord. 2017-7 § 2 (part))
5.25.060 Application—Investigation.
A. Upon receipt of each application, it shall be referred to the Chief of Police or their designee, who shall institute such investigation of the applicant’s character and/or business responsibility, as deemed necessary for the protection of the public good and shall approve or deny the application as appropriate.
B. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chief of Police or their designee shall deny the application providing a reason for the denial and notify the applicant and their employer that the application was denied and that no license shall be issued.
C. If, as a result of such investigation, the applicant’s character and business responsibility are found to be satisfactory, the Chief of Police or their designee shall approve and issue the appropriate license. (Ord. 2017-7 § 2 (part))
5.25.070 License—Fees.
All application and license fees shall be established by resolution of the Glendale City Council. (Ord. 2017-7 § 2 (part))
5.25.080 License—Issuance requirements—Term.
A license shall be issued to applicants satisfying the requirements of this chapter and additionally satisfying all of the following requirements:
A. The applicant is twenty-one (21) years of age or older or is a corporation organized or authorized to conduct business in the state of Colorado.
B. The applicant has not been convicted of a felony or other violation pertaining to moral turpitude or domestic violence.
C. The applicant has presented sufficient evidence that the applicant is, or will be, an employee of a company or business operating within the city upon issuance of the license.
All annual licenses issued under the provisions of this chapter shall expire at midnight, twelve (12) months from the date of issuance, and such expiration date shall be designated on the license. (Ord. 2017-7 § 2 (part))
5.25.090 Identification cards, badges, uniforms, vehicles—Similarity to Police Department prohibited.
A. Identification Cards. In addition to the license, the Chief of Police or their designee shall issue to each licensee an identification card which shall include the following:
1. The type of license and expiration date thereof;
2. Name, date of birth, physical description, and picture of licensee;
3. The name of the employer;
4. The signature of the Chief of Police;
5. A designation as to whether or not the licensee is authorized to carry a firearm;
B. Badges. The Chief of Police or their designee is authorized to approve the use of badges and insignia provided employees by the armed guard company where such badge and insignia are not a colorable imitation of or cannot be confused with the uniform of the Glendale Police Department.
C. Uniforms. No uniform shall be of a type, color, or construction which can be confused with the uniform or uniform parts worn by officers of the Glendale Police Department.
D. Vehicles. The vehicle used in the conduct of the armed guard company within the city by any licensee shall not exhibit colorings, markings, or equipment so similar to marked patrol vehicles of the city as might be confused with the police vehicles. In addition, the armed guard company vehicles shall not be equipped with any lights or sirens in violation of the traffic code of the city or the laws of the state, shall not have any insignia painted on the sides thereof which are similar to, or which could be confused with, that painted on the sides of the vehicles of the Police Department.
E. The words “police” or “officer” shall not be used in any advertising or upon the premises, within the limits of the city occupied by the armed guard company, nor on any of its vehicles, equipment or wearing apparel. (Ord. 2017-7 § 2 (part))
5.25.100 Exhibition of license and identification cards upon request.
Licensees are required to exhibit their certificates of license and/or identification card to any police officer of the city of Glendale upon demand and refusal to do so shall constitute a violation of this chapter. (Ord. 2017-7 § 2 (part))
5.25.110 Change in personnel.
A. Whenever an armed industrial guard or an armed guard of a guard company is discharged for any reason, their employer shall immediately notify the Chief of Police of such fact, together with the reasons for the dismissal.
B. When an armed industrial guard or an armed guard of a company or business is dismissed or resigns, they shall forthwith surrender the identification card to the Chief of Police.
C. Any licensee changing place of business shall immediately notify the Chief of Police of such fact, together with the address of the new place of business. This shall not be deemed a transfer of license, or require the payment of any additional fees. (Ord. 2017-7 § 2 (part))
5.25.120 Unlawful acts.
In addition to the other acts prohibited by this chapter, it is unlawful:
A. For any licensee to fail to turn over any person arrested by such licensee pursuant to the laws of the state immediately to the Police Department or other public law enforcement agency. Nothing contained in this section shall be construed as authorizing any licensee to make an arrest of any person in violation of the laws of the state;
B. For any licensee who discharges a firearm within the city to fail to promptly report such incident to the Police Department;
C. For any licensee to hinder or interfere with any investigation under the jurisdiction of the Police Department;
D. For any licensee to fail to report immediately to the Police Department all violations of the city ordinances, or to fail to report to the Police Department or other public law enforcement agency all violations of state or federal laws coming to their attention;
E. For any licensee to wear a uniform, badge, or insignia other than that authorized by the Chief of Police while engaged in their course of employment;
F. For any licensee, under this chapter, to represent themself to be an officer of the Police Department;
G. For any licensee to fail to conduct themself in a lawful manner at all times;
H. For any applicant to knowingly misrepresent any fact in connection with obtaining a license under this chapter;
I. For any licensee to carry firearms without designation on license while in the performance of duties as a merchant or industrial guard or agent or employee as defined in this chapter;
J. For failure of any licensee to surrender their identification card after discharge or resignation from employment. (Ord. 2017-7 § 2 (part))
5.25.130 Suspension or revocation of license.
The Chief of Police shall have the authority to suspend or revoke any license granted under this chapter for violation of any federal or state statute, city ordinance (except traffic violation), or any of the provisions of this chapter, or for any act committed by a licensee which is detrimental to the health, welfare, and safety of the public.
Any violation of the “Unlawful acts” section, Section 5.25.120, may result in any officer with the Glendale Police Department immediately suspending an armed guards license pending review by the Chief of Police or their designee to determine if the licenses should be reinstated or not. (Ord. 2017-7 § 2 (part))
5.25.140 Appeal procedure.
Any person aggrieved by an action of the Chief of Police in the denial or revocation of a permit or license, as provided in this chapter, may appeal to the Glendale City Council. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of, a written statement setting forth the grounds for the appeal. The Glendale City Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the manner as provided for notice of hearing. (Ord. 2017-7 § 2 (part))
5.25.150 Violation—Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished as specified in the general provisions of this code. Every day of such violation shall constitute a separate offense. (Ord. 2017-7 § 2 (part))