Chapter 5.12
MERCHANT PATROL AND PRIVATE DETECTIVE BUSINESSES
Sections:
5.12.030 License – Application.
5.12.050 Private detectives – Requirements.
5.12.110 License – Revocation.
5.12.010 License – Required.
It is unlawful for any person, firm or corporation to act as a merchant patrolman or private detective, or to engage in business as a merchant patrol agency or business or private detective agency or business in the city of Fircrest without first obtaining a license pursuant to this chapter. (Ord. 652 § 1, 1973).
5.12.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(a) “Merchant patrolman” means any person engaged in the merchant patrol business, as that term is hereinafter defined, including employees of a merchant patrol agency.
(b) “Merchant patrol agency” means any person, firm or corporation engaged in the merchant patrol business, as that term is hereinafter defined, employing one or more persons as employees, assistants, clerks or operatives.
(c) “Merchant patrol business” means the business of or the representation of being engaged in the business of patrolling buildings, streets or districts as an independent contractor for hire by private clients for the purpose of periodically inspecting certain premises or locales, including commercial establishments or private residences, to insure the safety of such clients and their property.
(d) “Private detective” means any person engaged in the private detective business, as that term is hereinafter defined, including employees of a private detective agency who perform the investigating duties listed in the definition of “private detective business” below.
(e) “Private detective agency” means any person, firm or corporation engaged in the private detective business, as that term is hereinafter defined, employing one or more persons as employees, assistants, clerks or operatives.
(f) “Private detective business” means the business of, or the representation of being engaged in the business of, making an investigation or investigations for hire or reward as an independent contractor with reference to any of the following matters: detecting, discovering or revealing crime or criminals, or securing secret information or evidence relating thereto; observing the habits, conduct, movements, whereabouts, associates, reputation, character or actions of any persons, firms or corporations; determining the credibility of witnesses or other persons ascertaining the location of or recovering lost or stolen property; determining the causes, origin or responsibility for fires, accidents and injuries to real or personal property; securing evidence to be used before authorized investigating committees, boards or in the trial of civil or criminal cases. (Ord. 652 § 2, 1973).
5.12.030 License – Application.
Every person applying for a license under this chapter shall prepare and file an application form, properly completed and signed, with the Fircrest chief of police. Each application shall include an affidavit setting forth applicant’s previous employment history, setting out in full the applicant’s name, age, residence, occupation and place of employment for the preceding five years and any other information as may be required. Such affidavit shall show sufficient facts to prove good character, competency and integrity, and shall list any police criminal record. If an applicant under this chapter has been convicted of a felony as defined by Washington law within a period of 10 years prior to the date of application, or of a misdemeanor as defined by law within a period of three years prior to such date, his application shall be denied; provided, that any application by an applicant who has ever been convicted of any crime involving the use of firearms shall be denied.
(a) For the purposes of this chapter, any owner and all corporate officers of any merchant patrol agency, private detective agency, any person performing duties as a merchant patrolman or private detective shall complete an affidavit as described herein.
(b) Any person employed by any such agency for the sole purpose of performing services as an assistant, clerk or any other function not relating to actual security, guard, patrol or detective duties, as defined for each specific category, shall not be required to complete the affidavit nor to be licensees under the provisions of this chapter.
(c) Suitable photographs, which shall be two inches by two inches in size, showing the front head and shoulders in a clear and distinguishing manner, shall be furnished by each applicant to the police department. In addition, each applicant will be required to submit to fingerprinting upon paying the required fee.
(d) Such application, properly filled out, shall be sworn to under penalty of perjury and signed by the applicant. Omission of or false representation of a material fact shall be a ground for denial, revocation or suspension of a license.
(e) Any applicant who is denied a license hereunder shall have the right to such appeal as provided hereafter. (Ord. 652 § 3, 1973).
5.12.040 Bond and insurance.
Each applicant for a license under this chapter shall file with his or its application a continuous bond, in the sum of $2,000 in a form to be approved by the city attorney, and sureties to be approved by the chief of police, and conditioned to secure and indemnify the city against claims and demands for injuries or damages growing out of any acts or omissions by the applicant. In addition to the bond, the applicant shall file a copy of a currently valid general liability insurance policy, in a form and company to be approved by the city attorney, insuring the applicant, with the city of Fircrest named as an additional insured, against any claims for injuries or damages growing out of any acts or omissions of the applicants. Such insurance policy shall have liability limits of at least $100,000 for injury or damages to one or more persons in any one occurrence. The policy must be kept in full force and effect while the license issued hereunder is in effect, and must contain a clause obligating the company issuing the same to give written notice to the chief of police 10 days before cancellation thereof. (Ord. 652 § 4, 1973).
5.12.050 Private detectives – Requirements.
(a) Any applicant for a private detective agency license or private detective license must present proof of at least five years’ experience in investigative or law enforcement activities and must be at least 23 years of age. If an applicant hereunder has been convicted of a felony as defined by Washington law within a period of 10 years prior to the date of application, or a misdemeanor as defined by Washington law within a period of three years prior to such date, his application shall be denied; provided, that any application by an applicant who has ever been convicted of a crime involving the use of firearms shall be denied.
(b) Licensees under this section shall be authorized to perform only those duties defined as duties of a “private detective business” as that term is defined in this chapter. Private detectives shall not be commissioned as special police officers under this code. (Ord. 652 § 5, 1973).
5.12.060 Identification.
Every private detective or merchant patrolman, and every employee of a private detective agency or merchant patrol agency performing duties as defined in this chapter shall at all times have in his possession an identification card in form approved by the chief of police, and such card shall have thereon, in addition to such other information and data as may be required by the chief of police, the licensee’s photograph and signature.
Upon the revocation, suspension or expiration of any such license, any identification card issued by the police department shall immediately be surrendered by the licensee to the chief of police or to the employer of the licensee. It shall further be the responsibility of an employer to immediately advise the chief of police of the termination of employment of any person employed as a merchant patrolman or private detective, setting forth the reasons for such termination, and to return any identification card issued by the police department in conjunction with such employment by the employer. All employers of licensees hereunder shall be required to furnish reports as to any changes in the number of such persons employed, on or before the tenth day of each month following the months in which such changes occur to the chief of police.
All company or private cars or motor vehicles used by a merchant patrol licensee hereunder shall be registered with the chief of police and identified as to make, model, year and license number. No such automobile or motor vehicle shall carry any siren, lights or other identification signals or signs which are deceptively similar to that of the police department of the city of Fircrest, the city of Tacoma, the Pierce County sheriff or the Washington State Patrol. Any vehicle identification shall be subject to approval by the chief of police. (Ord. 652 § 6, 1973).
5.12.070 Uniforms.
No merchant patrolman or private detective licensed hereunder shall wear any uniform or clothing which is not readily distinguishable from those uniforms worn by official police officers of the city of Fircrest, Pierce County sheriff or Washington State Patrol. Any uniform worn by any licensee hereunder must be approved by the chief of police prior to use thereof.
The uniform shall be as follows:
(a) Shirt. Gray/black pocket flaps, epaulettes, cuffs or all gray;
(b) Pants. Dark blue, no stripes;
(c) Coat. Gray;
(d) Head wear worn. Plastic hardhat type with security printed upon it or baseball cap, gray or dark blue with security printing on it;
(e) Badges. Sew-on type (both coat and shirt) security verbiage not police;
(f) Shoulder flash or patch. Must be worn on shirts and coats, may be on right or left shoulder. (Ord. 807 § 1, 1984; Ord. 652 § 7, 1973).
5.12.080 Exemptions.
The provisions of this chapter shall not apply to:
(a) Any officer or employee of any department or agency of the United States or of any state, county, city or other municipal corporation while engaged in the performance of his official duties; or
(b) To any person, firm or corporation furnishing information concerning the financial standing and credit of others, the personal habits and financial responsibility of applicants for insurance, bonds or commercial credit. (Ord. 652 § 8, 1973).
5.12.090 License – Fees.
The annual license fees for the categories of licenses required in this chapter are fixed in the amounts shown in the following schedule and shall be due and payable annually in advance:
|
Merchant patrolman |
$ 50.00 per year |
|
Private detective |
50.00 per year |
|
Merchant patrol agency |
300.00 per year |
|
Private detective agency |
300.00 per year |
All fees are nonrefundable. Above fees shall not be prorated and are due for one year, or any part thereof, commencing January 1st of each year and ending at midnight on December 31st of each year. (Ord. 855 § 8, 1987; Ord. 807 § 2, 1984; Ord. 652 § 9, 1973).
5.12.100 Contracts.
No merchant patrolman nor any merchant patrol agency or business shall require any person, firm or corporation for whom it furnishes services to continue the services for any period of time beyond 30 days, and all contracts or agreements for merchant patrol services, whether written or oral, shall be cancelable by either party upon 20 days’ written notice. Violation of this provision shall be grounds for revocation of license hereunder. (Ord. 652 § 10, 1973).
5.12.110 License – Revocation.
In addition to any other penalties provided by law, the chief of police shall have the right to revoke or suspend any license or licenses issued under this chapter for cause, or where the same has been procured by fraud or misrepresentation, or violation of any term or provision hereof, or upon conviction of a licensee for a felony or a misdemeanor involving moral turpitude or an intent to defraud. Any such revocation or suspension shall be upon not less than 10 days’ prior written notice to the licensee, indicating the reason or reasons for the revocation or suspension. (Ord. 652 § 11, 1973).
5.12.120 Appeal.
Any applicant denied a license by the chief of police and any licensee aggrieved by a revocation or suspension of his license, pursuant to FMC 5.12.110, shall have the right of appeal to the city council by giving written notice of such appeal to the clerk-treasurer of the city. Such appeal shall be heard in public or private, as designated by the licensee, and shall be heard not less than 60 days after the receipt of the notice of appeal by the clerk-treasurer, unless the time limitation is waived by the licensee, but in any event must be heard within six months of receipt of the notice. It shall be the obligation of the licensee to press for hearing of his appeal or the same shall be dismissed if not heard within the above time limits.
If any such revocation or suspension is affirmed by the council upon appeal, the licensee shall have all normal recourse to the courts, except that such revocation or suspension shall remain in effect during all periods of appeal to the council or to the courts. (Ord. 652 § 12, 1973).
5.12.130 Penalty.
Violation of any of the provisions of this chapter is a misdemeanor, and any person, firm or corporation found guilty thereof is subject to a fine of not to exceed $1,000. (Ord. 987 § 3, 1991; Ord. 834 § 3, 1986; Ord. 652 § 13, 1973).