Chapter 5.50
DETECTIVE, PRIVATE
Sections:
5.50.030 Licensing procedure – Private detective businesses.
5.50.040 Private detective licenses.
5.50.050 Employees not divulge information.
5.50.010 Applicability.
It shall be unlawful for anyone to operate a private detective business within the City of Mountlake Terrace without first having obtained a private detective business license. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 MTMC when applicable. For the purpose of this chapter, the words “private detective business” shall mean and include the business of, or the representation of being engaged in the business of, making for-hire or reward investigations with reference to any of the following matters:
A. Detecting, discovering or revealing crime or criminals, or securing secret information or evidence relating thereto;
B. Discovering or revealing the identity, whereabouts, character or actions of any person or persons, thing or things;
C. The habits, conduct, movements, whereabouts, association, transactions, reputations or character of any person, firm or corporation;
D. The credibility of witnesses or other persons;
E. The location or recovery of lost or stolen property;
F. The causes, origin or responsibility for fires or accidents or injuries to real or personal property;
G. The affiliation, connection or relation of any person, firm or corporation with any union or nonunion organization, with any official, member or representative thereof, or with any person or persons seeking employment in the place of any person or persons who have quit work by reason of any strike;
H. The truth or falsity of any statement or representation;
I. The business of securing for-hire or reward evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases.
Nothing in this chapter shall apply to any office or employee of any state, county, city or town, appointed or elected by due authority of law; to any person, firm, or corporation, whose business is the furnishing of information as to the business and financial standing and credit of persons, firms, or corporations; nor to any person, firm, or corporation inquiring as to the personal habits and financial responsibilities of applicants for insurance, indemnity bonds, or commercial credit, or of claimants under insurance policies. (Ord. 2764 § 12, 2019; Ord. 780 § 1, 1971).
5.50.020 Effect – Revocation.
A private detective business license shall act in lieu of the Mountlake Terrace business license required by Ordinance No. 708*. Such license shall be subject to revocation for cause or for violation of the laws of the state of Washington or of the Ordinances of the City of Mountlake Terrace. Upon revocation, the licensing fee shall be forfeited to the City of Mountlake Terrace. (Ord. 780 § 2, 1971).
*Code reviser’s note: Ord. 708 was repealed by Ord. 1032.
5.50.030 Licensing procedure – Private detective businesses.
A. Application. Application for a private detective business license shall be made in writing and filed with the City on forms furnished by the City. Said license shall be posted and conspicuously displayed in the office or regular place of business of the holder thereof, or if no regular place of business be maintained shall be carried on the person of the holder thereof during business hours or while business is being carried on, and be displayed at the request of any potential customer or police officer.
B. Fee. The license fee for a private detective business license shall be as prescribed in the Business License Ordinance of the City of Mountlake Terrace currently in force.
C. Bond. The applicant shall file with the City a surety company bond running to the City of Mountlake Terrace, in a penalty sum of $5,000, conditioned that the licensee will faithfully comply with all of the requirements of this chapter insofar as they relate to private detective businesses.
D. Approval. The applicant shall be referred to the Police Department for evaluation. The Chief of Police shall have discretion to approve or disapprove the issuance of a private detective license; provided, that disapproval may be appealed to the City Council for de novo review. If the Chief of Police shall not disapprove the application, the City shall issue the license.
E. Licenses Not to Be Transferred. The private detective business license shall be neither assignable nor transferable.
F. Expiration and Renewal. All licenses hereunder shall be granted for a one-year period from the commencement of business operations or the expiration of the one year validity of the license. If any license hereunder is not so renewed, then a new application must be made, accompanied by a fee of 150 per centum of the fee payable upon an original application hereunder. All other applications for renewals shall be accompanied by the same fee as provided for an original application hereunder. (Ord. 1028, 1975; Ord. 780 § 3, 1971).
5.50.040 Private detective licenses.
A. Licenses Required. No employee of a private detective business which is licensed within the City of Mountlake Terrace shall perform investigations with regard to the matters listed in MTMC 5.50.010 unless such person holds a valid private detective license issued by the City of Mountlake Terrace. The provisions of this section shall not apply to any private detective licensed by any other city in the state of Washington, but any such detective shall notify the Chief of Police of any investigatory work to be done within the City of Mountlake Terrace.
B. Application. Applications for a private detective license shall be made on forms to be furnished by the City for that purpose; shall be signed and verified by the applicant and shall include his full name, age, and residence, present and previous occupations, and the name and address of his employer. Each applicant shall be photographed by the City.
C. Approval. The Chief of Police shall make a full investigation as to the truth of the statements contained in the application and as to any and all other matters which properly relate to the honesty and ethical character of the applicant. If the Chief of Police is satisfied that the statements contained in the application are true, and that the applicant is of good ethical character and has complied with all of the requirements of this chapter, he shall approve the issuance to the applicant of a private detective license. If the Chief of Police shall refuse to approve such issuance, said applicant shall have the right to appeal to the City Council for de novo review and final approval or disapproval of his application.
D. Expiration and Revocation. There shall be no expiration period for a private detective license; but such license shall be subject to revocation by the Chief of Police for cause or for violation of the laws of the state of Washington or of the ordinances of the City of Mountlake Terrace; provided, that such revocation may be appealed to the City Council. (Ord. 1028, 1975; Ord. 780 § 4, 1971).
5.50.050 Employees not divulge information.
It is unlawful for any person who is or has been an employee of a detective business to divulge to any person, other than his employer, except as his employer may direct and except as may be required by law, any information acquired by him during such employment with respect to any of the work to which he, or any other employee of such detective business shall have been assigned by such detective business, or with respect to any of the work, business or affairs of such detective business. (Ord. 780 § 5, 1971).
5.50.060 Penalty.
Any person violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $300.00, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. (Ord. 780 § 6, 1971).