Chapter 5.24 MERCHANT PATROL AND PRIVATE DETECTIVE AGENCIES

In the interest of public safety and welfare of the inhabitants of Cowlitz County, it is necessary to license and regulate persons engaged in the business of merchant patrolman and/or private detective in Cowlitz County. [Ord. 83-076, § 2, 3-28-83.]

5.24.030 Grant of authority.

This chapter is enacted pursuant to the police powers and licensing authority provided in Washington Constitution Article XI, Section 11 and RCW 36.32.120. [Ord. 83-076, § 3, 3-28-83.]

5.24.040 Definitions.

For the purpose of this chapter the following terms shall have the following meanings:

“Compensation” means any consideration and includes any reward.

“Manager,” with respect to a sole proprietorship means the proprietor; with respect to a partnership means each partner; with respect to a corporation means each officer and director; and with respect to any other firm, association, or organization, means each person vested with authority or responsibility analogous to those of a manager of a sole proprietorship, partnership, or corporation.

“Merchant patrol agency” means any person who employs one or more merchant patrolmen.

“Merchant patrol business” means the business of providing or offering services, for compensation, of guarding or protecting persons or property, or patrolling or protecting buildings, streets, or other areas.

“Merchant patrolman” means any person who engages in or holds himself out as engaged in the merchant patrol business.

“Person” means an individual, sole proprietorship, partnership, corporation, or any other firm, association, or organization.

“Private detective” means any person who engages in or holds himself out as engaged in the private detective business.

“Private detective agency” means any person who employs one or more private detectives.

“Private detective business” means the business of providing or offering services, for compensation, of:

1. Obtaining information or evidence in relation to crime or criminals; or

2. Obtaining information concerning the habits, movements, whereabouts, associations, reputation, character, or actions of any person; or

3. Locating or recovering lost or stolen property; or

4. The gathering of information or evidence to be used before investigative committees, or for the trial of civil or criminal cases; or

5. Locating, detaining, or transporting persons stated to be lost, missing, or in the custody of another.

“Sheriff” means the Cowlitz County Sheriff or his designee. [Ord. 83-076, § 4, 3-28-83.]

5.24.050 License required.

It is unlawful for any person to engage in or hold himself or itself out as engaged in the merchant patrol business or private detective business within the unincorporated areas of Cowlitz County without a current license from the Cowlitz County Sheriff. [Ord. 83-076, § 5, 3-28-83.]

5.24.060 License fees.

A. The annual fees for each merchant patrolman, private detective, merchant patrol agency, and private detective agency license are as follows:

1. Merchant patrolman – $5.00 per year;

2. Private detective – $5.00 per year;

3. Merchant patrol agency – $25.00 per year;

4. Private detective agency – $25.00 per year.

Such fees must be paid before any license can be issued or renewed. Every license shall expire at the end of the calendar year in which it is issued, and shall be nontransferable.

B. A person having a valid Cowlitz County private detective license may engage in the merchant patrol business without obtaining a merchant patrol license or paying an additional fee. A private detective agency having a valid Cowlitz County private detective agency license may also engage in the merchant patrol business without obtaining a merchant patrol agency license or paying an additional fee. [Ord. 83-076, § 6, 3-28-83.]

5.24.070 Identification of employer.

An applicant for a merchant patrolman license or private detective license shall identify his employer. Once a person receives such a license, it shall be the licensee’s responsibility to notify the Sheriff of any change of employment. [Ord. 83-076, § 7, 3-28-83.]

5.24.080 Merchant patrol, private detective agency – License qualifications.

Each manager of an applicant for a merchant patrol agency or private detective agency license shall:

A. Be 18 years of age or older;

B. Be able to speak, read, and write the English language;

C. Be a citizen of the United States;

D. Not have been convicted of any felony, nor of any misdemeanor involving moral turpitude;

E. Be and remain of good moral character. [Ord. 83-076, § 8, 3-28-83.]

5.24.090 Merchant patrol, private detective agency – License application.

All applications for merchant patrol agency or private detective agency licenses shall be made to the Sheriff on forms to be furnished by him for that purpose; shall be signed and verified by each manager of the applicant; shall state the applicant’s name and business address; shall affirmatively show that each manager of the applicant has satisfied the requirements of CCC 5.24.080; and shall be accompanied by statements of four citizens stating that they have known the applicant and believe him to be of good moral character. Each manager of an applicant shall make an imprint of his thumbs and fingers of both hands on forms to be provided by the Sheriff. [Ord. 83-076, § 9, 3-28-83.]

5.24.100 Merchant patrolman, private detective license – Applicant qualifications.

Each applicant for a merchant patrolman or private detective license shall:

A. Be 18 years of age or older;

B. Be able to speak, read, and write the English language;

C. Be a citizen of the United States;

D. Not have been convicted of any felony, or of any misdemeanor involving moral turpitude;

E. Be and remain of good moral character. [Ord. 83-076, § 10, 3-28-83.]

5.24.110 Merchant patrolman and private detective – License application.

Applications for merchant patrolman and private detective licenses shall be made to the Sheriff on forms furnished by him for that purpose; shall be signed and verified by the applicant; shall state the applicant’s full name, age, residence, present employment, and employment for the past five years; if the applicant is an employee of a merchant patrol agency or private detective agency, shall state the name and business address of his employer; shall affirmatively show that the applicant has satisfied the requirement of CCC 5.24.100, and shall be accompanied by statements of four citizens stating that they have known the applicant and believe him to be of good moral character. Each applicant shall make an imprint of his thumbs and the fingers of both hands on forms to be provided by the Sheriff. [Ord. 83-076, § 11, 3-28-83.]

5.24.120 Investigation of applicants for licenses.

Upon receipt of the license fee required under CCC 5.24.060 and the application required under CCC 5.24.090 or this section, and the accompanying statements, the Sheriff shall investigate as to the truth thereof. The Sheriff shall, within 20 days after receipt of the above materials, provide a written report of his investigation. If his investigation substantiates the statements made in the application and indicates that the applicant complies with all the prerequisites of CCC 5.24.100, then the Sheriff shall approve the application. If his investigation does not substantiate the statements made in the application or indicates that the applicant does not comply with CCC 5.24.100, the Sheriff shall deny the application. If the Sheriff approves the application and the applicant has satisfied all the requirements of this chapter, the Sheriff shall issue the license. If the Sheriff denies the application, or the applicant has not satisfied all the requirements of this chapter, the Sheriff shall not issue the license. If the application is denied, any license fee shall be returned to the applicant. [Ord. 83-076, § 12, 3-28-83.]

5.24.130 License contents.

No license issued by the Sheriff hereunder shall be valid until signed by the licensee; when the licensee is not an individual, the signature must be by a manager of the licensee. To each merchant patrolman and private detective license shall be affixed a photograph of the licensee, so attached that it cannot be removed and another photograph substituted without the possibility of detection. Every licensee shall produce his license upon request of any law enforcement officer. [Ord. 83-076, § 13, 3-28-83.]

5.24.140 Renewal of license.

Any licensee in good standing at the end of a calendar year may apply, on forms provided by the Sheriff, for renewal of the license. The Sheriff shall renew or deny the application for renewal within 20 days of receipt of such application. If the Sheriff denies renewal of the license he shall provide a written report to the applicant within the 20 days stating the reason why said license renewal is denied. If the Sheriff determines that the license shall be renewed said license will be effective upon the licensee’s payment of the annual license fee. Renewal may be accomplished by either an endorsement on the license or by issuing a new license, at the Sheriff’s discretion. If the Sheriff in his written report recommends denial of the renewal application the Sheriff shall not renew the license. The Sheriff, in recommending denial of the renewal application, shall specify the reasons therefor. [Ord. 83-076, § 14, 3-28-83.]

5.24.150 Refusal to issue or renew – Hearing.

A. In the event the sheriff denies an application for any license hereunder or for the renewal of any such license he shall in writing advise the applicant or licensee of the denial and the reason(s) therefor.

B. The denial of an application for any license hereunder or for the renewal of any such license shall be subject to review by the Board of County Commissioners upon written request of the applicant or licensee filed with the Board within 10 calendar days of the date of written notice of the denial. Failure to request review by the Board within such 10 calendar days shall extinguish any right to appeal.

C. The Board, upon the timely filing of a request for review, shall fix a time and place for hearing. At the hearing evidence for and against the issuance or renewal of the license shall be considered. The applicant may appear personally and/or through counsel and present evidence and/or argument on his behalf. The Sheriff shall furnish the Board with a written report on the matter. The applicant or licensee shall have the burden of proof.

D. The decision of the Board on the request for review shall be final, subject only to any right of appeal to the Cowlitz County Superior Court. [Ord. 83-076, § 15, 3-28-83.]

5.24.160 License suspension or revocation.

A. Any license issued hereunder may be revoked or suspended by the Board of County Commissioners, after a hearing, whenever the licensee has willfully or negligently violated any provision hereof or willfully permitted the same to be violated, or whenever other good cause exists for revocation or suspension. Upon the Sheriff’s filing with the Board of County Commissioners a notice setting forth the basis upon which it is asserted that a license should be revoked or suspended, the Board shall fix a time and place for a hearing thereon. A copy of the notice filed by the Sheriff, together with a notice of the time and place of the hearing, shall be mailed to the licensee at his address stated on his license, or served personally on the licensee, at least 10 days prior to the date of the hearing.

B. At the hearing, the licensee may appear and defend the charges and, if he so desires, be represented by counsel.

C. The decision of the Board shall be final, subject only to any right of appeal to the Cowlitz County Superior Court. [Ord. 83-076, § 16, 3-28-83.]

5.24.170 Operating regulations.

Every person shall comply with the following regulations while engaging in the merchant patrol business or private detective business or while operating a merchant patrol agency or private detective agency. Each merchant patrol agency and private detective agency shall be responsible for the acts and omissions of the merchant patrolmen and/or private detectives under its employ.

A. Uniform. No merchant patrolman may wear a uniform, in the course of his duties, that is deceptively similar to a uniform of the Cowlitz County Sheriff’s Office. No uniform may be used in the merchant patrol business until it is approved by the Sheriff for compliance with this subsection.

B. Badge. No merchant patrolman or private detective may use or display, in the course of his duties, a badge that is deceptively similar to any badge in use by the Cowlitz County Sheriff’s Office. No badge may be used in the merchant patrol business until it is approved by the Sheriff for compliance with this subsection.

C. Vehicles. No vehicle used in the merchant patrol business or private detective business shall bear identifying markings deceptively similar to those vehicles used by the Cowlitz County Sheriff’s Office. No vehicle used in the merchant patrol or private detective business may bear any identifying markings until the Sheriff has approved such markings for compliance with this subsection. [Ord. 83-076, § 17, 3-28-83.]

5.24.180 Insurance.

A. Each applicant for a license under this chapter shall execute and deliver to the Sheriff a bond with good and sufficient surety in the following amounts:

1. Merchant patrolman: $10,000;

2. Private detective: $10,000;

3. Merchant patrol agency: $25,000;

4. Private detective agency: $25,000.

B. The required bond shall be executed and delivered before any license under this chapter may be issued. Each bond shall be conditioned upon the faithful and honest conduct of the licensed business by the licensee. The bond shall be taken in the name of Cowlitz County, and any person who shall have been injured by the willful, malicious, or wrongful act of any licensee may bring an action on the bond in his name to recover damages suffered by reason of such willful, malicious, or wrongful act. Each licensee shall maintain the required bond in effect throughout the period covered by the license. [Ord. 89-144, § 1, 8-21-89; Ord. 83-076, § 18, 3-28-83.]

5.24.190 Exemptions.

Nothing in this chapter shall apply to:

A. An officer or employee of any state, county, city, or town acting in his official capacity; or

B. Any person whose sole business is the furnishing of information as to the business and financial standing and credit of other persons; or

C. Any person whose sole business is inquiring into the personal habits and financial responsibilities of applicants for insurance, indemnity bonds, or commercial credit, or of claimants under insurance policies; or

D. Any person who is engaged in the merchant patrol or private detective business for only one person or employer, and does so entirely on the private property of that person or employer; or

E. Law enforcement officers of any governmental entity, while acting in their official capacity; or

F. Any person gathering information or evidence to be used solely in his own behalf. [Ord. 83-076, § 19, 3-28-83.]

5.24.200 Existing business.

Any person who, as of the effective date of the ordinance codified in this chapter, is engaged in the merchant patrol business or is a merchant patrol agency, or is engaged in the private detective business or is a private detective agency, within the unincorporated areas of Cowlitz County, shall obtain a license and otherwise comply with the provisions of this chapter within 90 days of the effective date of the ordinance codified in this chapter. [Ord. 83-076, § 20, 3-28-83.]

5.24.210 Penalties.

Each violation of this chapter shall constitute a misdemeanor. Each day’s violation shall be deemed to constitute a separate offense and shall be punishable as such. [Ord. 83-076, § 21, 3-28-83.]

5.24.220 Adoption of standards and regulations.

The Sheriff may adopt such standards and regulations as may be necessary to effectuate the intent and purpose of this chapter. Such standards and regulations shall become effective upon filing with the Board of County Commissioners. [Ord. 83-076, § 22, 3-28-83.]

5.24.230 Savings.

If any provision of this chapter shall be held to be invalid, the remaining provisions shall not be affected and shall remain in effect. [Ord. 83-076, § 23, 3-28-83.]

5.24.240 General duty.

Nothing in this chapter shall create a cause of action against Cowlitz County or its officials or employees, for legal or equitable relief for any injury or damage arising out of or in any way related to any acts or omissions of any merchant patrolman, private detective, merchant patrol agency or manager thereof, or private detective, agency or manager thereof. [Ord. 83-076, § 24, 3-28-83.]