Chapter 12.20 PRIVATE SECURITY SYSTEMS

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.

“Armored-transport agencies” means agencies which provide armed personnel to convey valuable articles for a fee.

“Contract guard or patrol agencies” means partnerships, corporations, joint ventures, as well as individuals who are self-employed which provide privately employed guards or patrol officers for a fee.

“Contract investigative agency” means partnerships, corporations, joint ventures, as well as individuals who are self-employed which provide private investigative services for a fee, except individuals investigating bodily injury or property damage actions under the supervision of a licensed attorney.

“Credit investigation agencies” and “credit investigators” mean businesses and persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons.

“In-house guard forces” means agencies which provide private guard services exclusively in connection with the affairs of the one business that employs them.

“In-house investigative forces” means agencies which provide private investigative services exclusively in connection with the affairs of the one business that employs them.

“Licensing authority” means the county licensing authority.

“Private guards” means persons who protect or attempt to protect persons or property from damage, injury, loss or any criminal act and shall include “guard dogs,” “watchmen,” “security officer,” “protective agent,” “merchant guard” and “special officer.”

“Private investigation” means investigations by a privately employed person for the purpose of obtaining information concerning:

(1) Crimes or wrongs, done or threatened;

(2) The identity, habits, conduct, movements, whereabouts, associations, transactions, credibility, reputation, employment history, criminal record, or character of any person, group, or business, for any purpose;

(3) The location of lost or stolen property;

(4) The causes and responsibility for fires, libel, slander, losses, accidents or injuries;

(5) The whereabouts of missing persons.

“Private investigators/detectives” means personnel who conduct investigations for a contract investigative agency, including undercover agents employed by contract agencies, but excluding in-house investigative force employees, credit investigators, insurance investigators and adjusters.

“Private/merchant patrol officer” means those persons who perform the same functions as guards, but do so at a number of different locations, access to which is accomplished by means of travel on public property.

“Private security” means all privately employed guards, investigators, detectives, patrolmen and any other personnel performing similar security functions or services.

(Ord. No. 09-600, § 7, 1-6-09; Ord. No. 90-28, § 1(6.24.010), 2-13-90. Code 2001 § 9-291.)

12.20.020 Exemptions.

The provisions of this chapter shall not apply to:

(1) A person employed as an in-house guard and/or investigator by only one employer in connection with the affairs of such employer and where there exists an employer-employee relationship;

(2) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the employee or officer is engaged in the performance of official duties;

(3) A person engaged exclusively in the business of obtaining and furnishing information in relation to the financial rating of persons;

(4) An attorney-at-law in performing his or her duties;

(5) Admitted insurers, agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.

(Ord. No. 90-28, § 1(6.24.030), 2-13-90. Code 2001 § 9-292.)

Article II. License

12.20.060 Required.

No contract investigative agency or contract guard or patrol agency shall furnish private security services, nor shall they advertise, solicit, nor in any way promise nor inform anyone that they will perform such services in the city without receiving from the licensing authority a license as provided in this chapter.

(Ord. No. 90-28, § 1(6.24.020), 2-13-90. Code 2001 § 9-306.)

12.20.070 Application.

An application for a license under the provisions of this article shall be in the form prescribed by the licensing authority and shall include the following:

(1) Whether or not a firearm is to be used in connection with the applicant’s duties as a licensee;

(2) A statement as to the classification under which the applicant desires to be qualified;

(3) The full name and residence address of each of its officers, partners, and directors, if the applicant is an entity other than an individual;

(4) Three recent photographs of the applicant, of a type to be prescribed by the licensing authority;

(5) A classifiable set of fingerprints;

(6) A statement of experience qualifications;

(7) Employment history for five years preceding the date of the application; and

(8) A list of arrests, convictions or confinements.

(Ord. No. 09-599, § 64, 1-6-09; Ord. No. 90-28, § 1(6.24.040(A)), 2-13-90. Code 2001 § 9-307.)

12.20.080 Qualifications.

(1) The applicant for a license under the provisions of this chapter shall be 18 years of age or older and have two years’ experience in security work determined to be adequate by the director. Security work determined to be adequate shall include, but is not limited to, the following:

(a) Two years’ active experience in private security work while in the military;

(b) Two years’ active experience in public law enforcement;

(c) Successful completion of two years of college-level study in law enforcement, police science, criminology or areas of like nature;

(d) Successful completion of a course of study which has been approved by the licensing authority on the basis that such course provides sufficient material to enable students thereof to operate competently as a licensee under this chapter;

(e) Two years’ active experience as a registrant under the provisions of this chapter; and

(f) Any combination of the above acceptable to the licensing authority.

(2) The applicant for registration under the provisions of this chapter shall be 18 years of age or older.

(Ord. No. 90-28, § 1(6.24.040(B), (C)), 2-13-90. Code 2001 § 9-308.)

12.20.090 Background check.

Each applicant for a license will be subject to a background check, as determined by the licensing authority. The police department shall send a letter to the licensing authority concerning the background of the applicant, which may contain any objection or recommendation as to the application.

(Ord. No. 90-28, § 1(6.24.060), 2-13-90. Code 2001 § 9-309.)

12.20.100 Qualification for firearms.

(1) An applicant for a license under this article who uses a firearm in connection with employment regulated under the provisions of this chapter shall be tested by the licensing authority and a representative of the police department in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner.

(2) The content of such test shall be determined by the licensing authority and a representative of the police department and shall be in a form prescribed by them.

(Ord. No. 90-28, § 1(6.24.240), 2-13-90. Code 2001 § 9-310.)

12.20.110 Scope and classification.

(1) No person may engage in any private security operation outside the scope of his or her license.

(2) For the purpose of defining the scope of licenses, the following license classifications are established:

(a) Class A. Contract investigative agency, covering operations as defined in FWRC 12.20.010;

(b) Class B. Contract guard or patrol agency, covering operations as defined in FWRC 12.20.010;

(Ord. No. 90-28, § 1(6.24.070), 2-13-90. Code 2001 § 9-311.)

12.20.140 New officers.

Applications, on forms prescribed by the licensing authority, shall be submitted by all new officers or partners. The licensing authority may suspend or revoke a license issued under the provisions of this chapter if he or she determines that, at the time the person becomes an officer or partner of a licensee, any of the facts in FWRC 12.20.210 existed as to such person.

(Ord. No. 90-28, § 1(6.24.120), 2-13-90. Code 2001 § 9-314.)

12.20.150 Surety bond required.

(1) No license shall be issued under the provisions of this chapter unless the applicant files with the licensing authority a surety bond executed by a surety company authorized to do business in this state in the sum which is on file in the city clerk’s office conditioned to recover against the principal, its servants, officers, agents and employees by reason of its wrongful or illegal acts in conducting such business licensed under the provisions of this chapter. Applicants requesting a Class B license, who employ four or less registrants, shall be permitted to file a lesser surety bond which is on file in the city clerk’s office. The licensing authority shall require a certified copy of the bond to be filed in its office.

(2) The bond required by this section shall be made payable to the licensing authority, and anyone so injured by the principal, its servants, officers, agents and employees, shall have the right and shall be permitted to sue directly upon this obligation in their own names, and this obligation shall be subject to successive suits for recovery until complete exhaustion of the face amount hereof.

(Ord. No. 90-28, § 1(6.24.190), 2-13-90. Code 2001 § 9-315.)

12.20.160 Insurance coverage required.

No license shall be issued under the provisions of this chapter unless the applicant files with the licensing authority a certificate of insurance. The minimum coverage required is on file in the city clerk’s office.

(Ord. No. 90-28, § 1(6.24.200), 2-13-90. Code 2001 § 9-316.)

12.20.170 Suspension, denial for failure to file bond, insurance.

Every licensee under this article shall at all times maintain on file with the director the surety bond and insurance required by this article in full force and effect and upon failure to do so, the license of such licensee shall be suspended and shall not be reinstated until this requirement is met.

(Ord. No. 09-599, § 67, 1-6-09; Ord. No. 90-28, § 1(6.24.210), 2-13-90. Code 2001 § 9-317.)

12.20.180 Branch offices.

Each licensee under this article shall file in writing with the director the address of each branch office, and within 14 days after the establishment or closing of such office, or change of location of a branch office, shall notify the director in writing of such fact.

(Ord. No. 90-28, § 1(6.24.220), 2-13-90. Code 2001 § 9-318.)

12.20.200 Renewal of license – Late penalty.

A late penalty shall be charged on all applications for renewal of a license received later than ten working days after the expiration date of such license. The amount of such penalty is on file in the city clerk’s office.

(Ord. No. 90-28, § 1(6.24.300), 2-13-90. Code 2001 § 9-320.)

12.20.210 Unfair or deceptive acts.

The licensee or any of the officers, directors, partners, or employees of the licensee shall not commit or use any unfair or deceptive acts or practices in the course of the licensee’s business. Examples of such acts and practices are:

(1) Engaging in retail installment transactions with members of the public in the state without complying with all applicable provisions of Chapter 63.14 RCW on retail installment sales;

(2) Using a name different from that under which the applicant is currently licensed on any advertisement, solicitation, or contract for business;

(3) Knowingly making a false report to an employer or client for whom the information was being obtained;

(4) Wilfully failing or refusing to render a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, if required by law;

(5) Making any false, deceptive or misleading representations to members of the public concerning the qualifications of employees and agents of the licensee, the nature or extent of the services provided by the licensee, or the cost to members of the public of services by the licensee;

(6) Manufacturing evidence;

(7) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing slander or libel in the course of business; or

(8) Accepting employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of employment by such client or former client.

(Ord. No. 09-599, § 69, 1-6-09; Ord. No. 90-28, § 1(6.24.100(A) – (C)), 2-13-90. Code 2001 § 9-321.)

Article III. Registration of Employees

12.20.230 Required.

Except as otherwise provided in this chapter, every employee of a licensee, including dispatchers and solicitors, shall be registered with the licensing authority in the manner prescribed by the provisions of this article.

(Ord. No. 90-28, § 1(6.24.230(A)), 2-13-90. Code 2001 § 9-336.)

12.20.240 Exempt employees.

Notwithstanding any other provision of this chapter, employees of a licensee, who are employed exclusively in stenographic, typing, filing, clerical or other activities which do not constitute the work of providing private security as described in this chapter, shall not be required to register under the provisions of this article with the licensing authority.

(Ord. No. 90-28, § 1(6.24.250), 2-13-90. Code 2001 § 9-337.)

12.20.250 Application.

The application for registration under the provisions of this article shall be on a form prescribed by the licensing authority and shall include:

(1) Full address, telephone number, date of birth, and place of birth;

(2) A listing of any and all aliases used by the applicant;

(3) The name and address of the licensee and the date the employment commenced;

(4) A letter from the licensee requesting that the employee be registered under its license;

(5) The title of the position occupied by the employee and a description of his or her duties;

(6) Whether or not a firearm is to be used by the employee in connection with his or her duties as a registrant;

(7) Three recent photographs of the employee, of a type described by the director, and a classifiable set of fingerprints;

(8) Employment history for five years preceding the date of the application; and

(9) Such other information, evidence, statements or documents as may be required by the licensing authority.

(Ord. No. 90-28, § 1(6.24.230(B)), 2-13-90. Code 2001 § 9-338.)

12.20.260 Qualification for firearms.

(1) An applicant for registration who uses a firearm in connection with employment regulated under the provisions of this chapter shall be tested by the licensing authority and a representative of the police department in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner.

(2) The content of such test shall be determined by the licensing authority and a representative of the police department and shall be in a form prescribed by them.

(Ord. No. 90-28, § 1(6.24.240), 2-13-90. Code 2001 § 9-339.)

12.20.270 Issuance.

Upon completion of registration the licensing authority shall issue to the registered employee a registration card, which shall be carried on his or her person at all times. The exhibition of this card to the licensee shall be considered prima facie evidence that the person is registered by the licensing authority under the licensee’s license number.

(Ord. No. 90-28, § 1(6.24.270), 2-13-90. Code 2001 § 9-340.)

12.20.290 Termination of employment with licensee.

Each person registered under the provisions of this article whose employment has been terminated with the licensee shall immediately surrender his or her registration card to the licensee. The licensee shall within seven days of receipt of the registration send or deliver the employee’s registration to the licensing authority for cancellation. A notation stating that the registered employee was terminated and the cause for termination may be enclosed with the registration card. The licensee shall notify the licensing authority in writing within a reasonable time of any change in the resident address of a registered employee.

(Ord. No. 90-28, § 1(6.24.280), 2-13-90. Code 2001 § 9-342.)

12.20.310 Renewal of registration – Late penalty.

A late penalty shall be charged on all applications for renewal of a registration received later than 10 working days after the expiration date of such registration. The amount of such penalty is on file in the city clerk’s office.

(Ord. No. 90-28, § 1(6.24.300), 2-13-90. Code 2001 § 9-344.)

Article IV. Regulations

12.20.320 Interference with public safety agencies.

Licensees shall perform private security services in such fashion that no interference with the county department of public safety or any other law enforcement agency will result.

(Ord. No. 90-28, § 1(6.24.050), 2-13-90. Code 2001 § 9-356.)

12.20.330 Notice to police department.

(1) Licensees shall recommend to their customers that, in the event of a police problem the customers should first call their respective police department. If a customer calls about a law enforcement problem, the licensee shall instruct the customer to call the police department, if possible; and if not possible, the licensee shall notify the police department. The licensee shall instruct its employees that if a situation involving possible police department interest is observed, the employee will notify the police department. If sign of entry is noticed by an employee on duty, the licensee shall instruct its employees to immediately notify the police department.

(2) The licensee shall use all reasonable efforts to inform and advise the present and prospective officers, directors, partners, agents, representatives, employees and all other persons acting under, for, or on behalf of the licensee of the provisions of this chapter and direct them to comply therewith.

(Ord. No. 90-28, § 1(6.24.050), 2-13-90. Code 2001 § 9-357.)

12.20.340 Licensee responsible for conduct of employee.

A licensee shall at all times be legally responsible for the good conduct of each employee while on duty.

(Ord. No. 90-28, § 1(6.24.130), 2-13-90. Code 2001 § 9-358.)

12.20.350 Emergency equipment.

It is unlawful for any licensee, or his or her agents, to use emergency equipment, such as sirens and flashing red or blue lights, on vehicles owned or operated by the licensee, except as specifically authorized or licensed by the state or any of its political subdivisions.

(Ord. No. 90-28, § 1(6.24.140), 2-13-90. Code 2001 § 9-359.)

12.20.360 False representations.

(1) It is unlawful for a licensee to represent to members of the public in any way, either directly or indirectly or by implication, that the licensee is an official or semiofficial law enforcement organization or that employees, agents or solicitors of the licensee are authorized by the state or any of its political subdivisions to act as law enforcement officers, including, by way of example but not limitation, the following conduct:

(a) Use of any name or initials in the course of business which has the capacity or tendency to convey such representation to members of the consuming public, including but not limited to any name using the words “police,” “department,” “King County police,” or “King County detective”;

(b) Use of any uniform, badge, insignia, business card, stationery or any other device, object or type of apparel, which is not readily distinguishable to average members of the consuming public from such devices, objects, or types of apparel which are used by authorized law enforcement officers;

(c) Use any uniform, badge, insignia, title or identification card, or make any statement with the intent to give an impression that the licensee is connected in any way with the federal government, a state government, or any political subdivision of either; or

(d) Use any letterhead, advertisement, or other printed matter, or in any manner illegally represents that the licensee is an instrumentality of the federal government, state government or any political subdivision of either.

(2) It is unlawful for any licensee to engage in any acts, practices, or conduct which hampers the operations and activities of authorized law enforcement and public safety officials.

(Ord. No. 90-28, § 1(6.24.150), 2-13-90. Code 2001 § 9-360.)

12.20.370 Approval of uniforms required.

No license shall be issued under the provisions of this chapter until approval is given by the licensing authority and the police department, of the uniforms and accouterments to be worn by registrants of the licensee.

(Ord. No. 90-28, § 1(6.24.160), 2-13-90. Code 2001 § 9-361.)

12.20.380 Divulgence of information.

A licensee or officer, director or partner of a licensee shall divulge to any law enforcement officer or prosecuting attorney, or his or her representative, any information he or she may acquire as to any criminal offense, as he or she may be required by law so to do; provided, however, that he or she shall not divulge to any other person any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.

(Ord. No. 90-28, § 1(6.24.170), 2-13-90. Code 2001 § 9-362.)

12.20.390 Advertising – Soliciting business.

(1) Every advertisement by a licensee advertising or soliciting business shall contain the company name and address as they appear in the records of the county department of executive administration, general services division.

(2) Licensees, in their promotional literature and oral sales presentations to members of the public, shall not claim any relationship or affiliation with any official or semi-official law enforcement organization. Such literature or sales presentation shall be accompanied by an accurate and clear description of the services which the licensee does in fact offer or provide.

(3) Solicitors performing oral sales presentations to members of the public shall not carry visible weapons.

(Ord. No. 90-28, § 1(6.24.180), 2-13-90. Code 2001 § 9-363.)

Cross reference: Alarm installation policy and procedures, Chapter 12.50 FWRC.