Chapter 4.36 INVESTIGATIVE BUSINESSES

(a) “Contract investigative agency” incudes 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.

(b) “Credit investigation agencies” and “credit investigators” are businesses or persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons, firms or corporations.

(c) “Enforcement officer” means such city employee as authorized by the mayor to enforce this chapter or the Omak city police.

(d) “In-house guard forces” provide private guard services exclusively in connection with the affairs of the one business that employs them.

(e) “In-house investigative forces” provide private investigative services exclusively in connection with the affairs of the one business that employs them.

(f) “Licensing official” means such city employee as the mayor designates or the chief of police.

(g) “Person” means natural persons of either sex, firms, copartnerships, associations, corporations and like entities, whether acting by themselves, by servant, agent or employee.

(h) “Private investigators” include investigations by a privately-employed person(s) for the purpose of obtaining information concerning:

(1) Crimes or wrongs, done or threatened;

(2) The identity, habits, conduct, movements, whereabouts, associations, transaction, credibility, reputation, employment history, criminal record or character of any person(s), 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.

(i) “Private investigators/detectives” are 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. (Ord. 1323 § 1, 1996: Ord. 1319 § 1, 1996: Ord. 825 § 1, 1980).

4.36.020 License—Required.

No contract investigative agency or private investigator shall operate, advertise, solicit, or in any way promise or inform anyone that they will perform such services in the city of Omak without receiving from the licensing official a license as provided in this chapter. The license required under this chapter is separate from and in addition to the business license issued under Chapter 4.20, which may also be required when applicable. (Ord. 1891 § 12, 2020: Ord. 1323 § 2, 1996: Ord. 1319 § 2, 1996: Ord. 825 § 2, 1980).

4.36.030 Exemptions.

The provisions of this chapter shall not apply to:

(a) 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;

(b) 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;

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

(d) An attorney at law or his agent in performing his duties;

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

(f) Private security guards, armed private security guards and private security companies licensed by the state pursuant to Chapter 18.170 RCW. (Ord. 1323 § 3, 1996: Ord. 1319 § 3, 1996: Ord. 825 § 3, 1980).

4.36.040 License—Application requirements.

(a) An application for a license under the provisions of this chapter shall be verified in the form prescribed by the licensing officer and shall include the following:

(1) Full name and business address of the applicant;

(2) Name under which the applicant intends to do business;

(3) A statement as to the general nature of the business in which the applicant intends to engage;

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

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

(6) Three recent photographs of the individual applicant, of a type to be prescribed by the licensing official;

(7) A classifiable set of fingerprints;

(8) A statement of experience qualifications;

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

(10) A list of arrests, convictions or confinements; and

(11) Any other information, evidence, statements or documents as may be required by the licensing official.

(b) The applicant for a license, under the provisions of this chapter, shall be eighteen years of age or older and have two years’ experience in investigative work determined to be adequate by the licensing official. Investigative work determined to be adequate shall include, but is not limited to, the following:

(1) Two years’ active experience in investigative work while in the military;

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

(3) Successful completion of two years of college level study in law enforcement, police science, criminology or areas of like nature, plus additional practical experience satisfactory to the licensing official;

(4) Successful completion of a course of study which has been approved by the licensing official and the enforcement officer on the basis that such course provides sufficient material to enable students thereof to operate competently as a licensee under this chapter, excluding any and all correspondence courses;

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

(6) Any combination of the above acceptable to the licensing official. (Ord. 1323 § 4, 1996: Ord. 1319 § 4, 1996: Ord. 825 § 4, 1980).

4.36.050 Licensees—Services not to interfere with police agencies.

Licensees shall perform private security services in such fashion that no interference with local, county or state police agencies will result. Regarding this end, licensees shall:

(a) Recommend to their customers that in the event of a police problem, the customer should first call the Omak police department;

(b) If a customer calls about a law enforcement problem, instruct the customer to call the Omak police department if possible; and if not possible, the licensee will notify the Omak police department;

(c) Instruct its employees that if a situation involving possible Omak police department interest is observed, the employee will immediately notify the Omak police department;

(d) Use all reasonable efforts to inform and advise their present and prospective officers, licensing officials, partners, agents, representatives, employees and all other persons acting under, for or on behalf of the licensees of the provisions of this chapter, and direct them to comply therewith. (Ord. 1323 § 5, 1996: Ord. 1319 § 5, 1996: Ord. 825 § 5, 1980).

4.36.060 Background check on applicants.

Each person will be subject to a background check, as determined by the licensing official and the enforcement officer. The enforcement officer shall send a letter to the licensing official and to the Omak police department concerning the background of the applicant, which may contain any objection or recommendation as to the applicant. (Ord. 825 § 6, 1980).

4.36.080 License—Fees.

(a) Initial license fees for a license for first year of operation under the provisions of this chapter is fixed at two hundred fifty dollars;

(b) Annual license renewal fees shall be twenty percent of the above fees for each year of operation after the first year. (Ord. 1323 § 6, 1996: Ord. 1319 § 6, 1996: Ord. 825 § 8, 1980).

4.36.090 License—Denial.

The licensing official may deny a license if any applicant under this chapter has:

(a) Committed any act, which, if committed by a licensee, would be a ground for the suspension or revocation of a license under the provisions of this chapter;

(b) Committed any act resulting in conviction of a felony or a crime involving moral turpitude;

(c) A record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a licensee under the provisions of this chapter;

(d) Been refused a license under the provisions of this chapter or had a license revoked; provided, however, that any applicant denied a license under the provisions of this chapter may reapply after six months if the basis for such denial no longer exists;

(e) Been an officer, director or partner of an agency who knowingly participated or acquiesced in the acts or conduct of any person, as defined by this chapter, for which that person was refused a license or whose license was revoked under the provisions of this chapter;

(f) Made any false statements in his application; or

(g) Failed to comply with the requirements of Section 4.36.050. (Ord. 825 § 9, 1980).

4.36.100 License revocation or suspension.

(a) The licensing official may suspend or revoke a license issued under the provisions of this chapter if he determines that any licensee has:

(1) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license;

(2) Violated any of the provisions of this chapter;

(3) Been convicted of a felony or any crime involving moral turpitude;

(4) Illegally used, carried or possessed a dangerous weapon;

(5) Violated any rule of the licensing official adopted pursuant to his authority contained in this chapter;

(6) Committed or permitted any employee to commit any act while the license was expired, which would be cause for the suspension or revocation of a license or grounds for the denial of an application for a license;

(7) Knowingly violated or advised, encouraged or assisted the violation of any court order or injunction in the course of business as a licensee; or

(8) Committed any act which is a ground for denial of an application for license under the provisions of this chapter.

(b) The licensing official may suspend or revoke a license issued under the provisions of this chapter if he determines that any licensee knowingly has in his employment any person who:

(1) Has committed any act, which, if committed by a licensee, would be grounds for suspension or revocation of a license under the provisions of this chapter;

(2) Has been convicted of a felony or any crime involving moral turpitude;

(3) Has a record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a registrant under the provisions of this chapter; or

(4) Does not possess a valid registration card issued under the provisions of this chapter.

(c) The licensing official may suspend or revoke a license issued under the provisions of this chapter if he determines that any licensee has committed or used 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 of Washington without complying with all applicable provisions of RCW Chapter 63.14 as amended;

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

(3) Knowingly making a false report to his 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 a 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 his employment by such client or former client.

(d) Suspension or revocation of a license issued under the provisions of this chapter shall take effect only after the expiration of the period in which an appeal thereof may be filed.

(e) In cases of suspension, the license or registration shall be reinstated upon compliance with the violated provision(s) of this chapter or until the period of suspension fixed by the licensing official has expired. In cases of revocation, the license or registration shall be canceled; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee or registrant of the penalties otherwise provided for in this chapter. (Ord. 825 § 10, 1980).

4.36.110 License—Transferability.

A license issued under the provisions of this chapter shall apply to a single location only and shall not be transferable to other locations or to any other person other than that designated on the license; provided, however, that in the event of death of the individual, partner(s) or officer(s) who satisfied the requirements of subsection (b) of Section 4.36.100, the surviving spouse, partner(s) or officer(s) may operate under the existing license for a period not to exceed ninety days; provided, however, that at the end of this ninety-day period, the surviving spouse, partner(s) or officer(s) shall satisfy the requirements of subsection (b) of Section 4.36.100. (Ord. 825 § 11, 1980).

4.36.120 New officers or partners—Application.

Applications, on forms prescribed by the licensing official, shall be submitted by all new officers or partners. The licensing official may suspend or revoke a license issued under the provisions of this chapter if he determines that at the time the person becomes an officer or partner of a licensee, any of the facts in Sections 4.36.090 or 4.36.100 existed as to such person. (Ord. 825 § 12, 1980).

4.36.130 Licensee—Responsible for employee’s conduct.

A licensee shall at all times be legally responsible for the good conduct of each employee while on duty. (Ord. 825 § 13, 1980).

4.36.140 Emergency equipment subject to inspection and approval.

It is unlawful for any licensee or his 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 of Washington or any of its political subdivisions. All such vehicles, equipment and markings used thereon are subject to the inspection and approval of the licensing official. (Ord. 825 § 14, 1980).

4.36.150 Misrepresentation or hampering authorized law enforcement or safety operations unlawful.

(a) 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 of Washington or any of its political subdivisions to act as law enforcement officers, including, by way of example but not limited to, the following conduct:

(1) Use of any name or initials in the course of business which has the capacity or tendency to convey said representation to members of the consuming public, including but limited to any name using the words police, department, Omak city police or Omak city detective;

(2) Use of any uniform, badge, insignia, 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;

(3) Use of any uniform, badge, insignia, identification card, or making 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

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

(b) 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. 825 § 15, 1980).

4.36.160 Uniforms—Approval required.

No license shall be issued under the provisions of this chapter until approval is given by the licensing official and the enforcement officer of the uniforms, if any, and accouterments, if any, to be worn by registrants of the licensee. (Ord. 1323 § 7, 1996: Ord. 1319 § 7, 1996: Ord. 825 § 16, 1980).

4.36.170 Divulgence of information.

Any licensee or officer, director or partner of the licensee shall divulge to any law enforcement officer or prosecuting attorney, or his representative, any information he may acquire as to any criminal offense, as he may be required by law so to do; provided, however, that he shall not divulge to any person any information acquired by him except at the direction of the employer or client for whom the information was obtained. (Ord. 825 § 17, 1980).

4.36.180 Advertising requirements.

(a) Every advertisement by a licensee advertising or soliciting business shall contain his company name and address as they appear in the records of the city of Omak, office of the clerk, business and occupation tax records.

(b) Licensees, in their promotional literature and oral sales presentations to members of the public, shall not claim any relation, or affiliation with any official or semiofficial 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. (Ord. 825 § 18, 1980).

4.36.190 Surety bond required.

(a) No license shall be issued under the provisions of this chapter unless the applicant files with the licensing official a surety bond executed by a surety company authorized to do business in this state in the sum of ten thousand dollars 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.

(b) The bond required by this chapter shall be made payable to the city of Omak, 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. 1323 § 8, 1996: Ord. 1319 § 8, 1996: Ord. 825 § 19, 1980).

4.36.200 Insurance coverage required.

(a) No license shall be issued under the provisions of this chapter unless the applicant files with the licensing official a certificate of insurance covering the intended business activities of applicant and naming the city of Omak as an additional insured.

(b) Minimum coverage is fixed as follows: Bodily injury five hundred thousand dollars; property damage, one hundred thousand dollars. (Ord. 1323 § 10, 1996: Ord. 1319 § 10, 1996: Ord. 825 § 20, 1980).

4.36.210 Bond and insurance—License suspension or denial for failure to file.

(a) Every licensee shall at all times maintain on file with the licensing official the surety bond and insurance required by this chapter 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.

(b) The licensing official shall deny the application for a license if the applicant fails to satisfy the surety bond or insurance requirements.

(c) The licensing official may refuse to reinstate a license notwithstanding the licensee’s compliance with this chapter, if, during the suspension, the licensing official:

(1) Finds any reason which would justify refusal to issue or justifies a suspension or revocation of a license; or

(2) Finds performance by an applicant of any practice while under suspension for failure to keep his surety bond or insurance in force, for which a license under the provisions of this chapter is required. (Ord. 825 § 21, 1980).

4.36.220 Branch office information required.

Each licensee shall file in writing with the licensing official the address of each branch office, and within fourteen days after the establishment or closing of such office or change of location of a branch office, shall notify the licensing official in writing of such fact. (Ord. 825 § 22, 1980).

4.36.230 Registration of employees required—Application requirements.

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

(b) The application for registration under the provisions of this chapter shall be on a verified form prescribed by the licensing official 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 his/her license;

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

(6) Three recent photographs of the employee, of a type described by the licensing official, and a classifiable set of fingerprints;

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

(8) Such other information, evidence, statements or documents as may be required by the licensing official. (Ord. 825 § 23, 1980).

4.36.240 Registration—Nonsecurity employees exempt.

Notwithstanding any other provisions 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 investigation as described in this chapter, shall not be required to register under the provisions of this chapter with the licensing official. (Ord. 1323 § 11, 1996: Ord. 1319 § 11, 1996: Ord. 825 § 24, 1980).

4.36.250 Registration—Fee.

The registration fee for employees of a licensee is fixed as follows: Twenty-five dollars per year; twelve dollars and fifty cents for renewal thereof per year. (Ord. 825 § 28, 1980).

4.36.260 Registration—Denial, suspension or revocation.

The licensing official may refuse to register any employee or may suspend or revoke a previous registration if the individual has committed any act which, if committed by the licensee, would be a ground for refusing to issue a license or for the suspension or revocation of license under the provisions of this chapter. (Ord. 825 § 25, 1980).

4.36.270 Registration—Card issuance.

Upon completion of registration, the licensing official shall issue to the registered employee a registration card, which shall be carried on his person at all times. The issuance of this card to the licensee shall be considered prima facie evidence that the person is registered by the city of Omak under the licensee’s license number. (Ord. 825 § 26, 1980).

4.36.280 Registration—Surrender of card upon employment termination—Notification of address change required.

Each person registered under the provisions of this chapter whose employment has been terminated with the licensee shall immediately surrender his registration card to the licensee, and the licensee shall surrender same within seven days thereafter to the licensing official for cancellation. A notation stating that the registered employee was terminated and for what cause may be enclosed with the registration card. The licensee shall notify the licensing official in writing within the reasonable time of any change in the resident address of a registered employee. (Ord. 825 § 27, 1980).

4.36.290 Renewal of license, registration or permit—Penalty for late application.

A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ten working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such penalty is fixed as follows: For a license, registration or permit requiring a fee of fifty cents or more but less than fifty dollars, twenty percent of the required fee; for a license registration or permit requiring a fee of fifty dollars or more but less than one thousand dollars, ten percent of the required fee; for a license, registration or permit requiring a fee of one thousand dollars or more, five percent of the required fee. (Ord. 825 § 29, 1980).

4.36.300 Notification of changes in status of licensee or registrant required.

A licensee or registrant shall notify the licensing official within fourteen days of any change in the status of the licensee or registrant previously reported in the application or registration. (Ord. 825 § 35, 1980).

4.36.310 Enforcement.

Notwithstanding the existence or use of any other remedy, the licensing official may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute violations of regulations herein adopted. (Ord. 825 § 32, 1980).

4.36.320 Violation—Notice and order.

(a) The licensing official or enforcement officer shall issue notice and order directed to the person whom the licensing official has determined to be in violation of any provision of this chapter. The notice and order shall contain:

(1) The street address, when available, and a legal description sufficient for identification of the premises upon which the violation is located;

(2) A statement that the licensing official has found the conduct of the licensee or registrant to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or registrant in violation of this chapter;

(3) A statement of any action required to be taken as determined by the licensing official;

(4) A statement of any action taken by the licensing official;

(5) Statements advising: (A) that the licensee or registrant may appeal from the notice and order of any action by the licensing official to the Omak city council, provided the appeal is made in writing, as provided in this chapter, and filed with the city clerk within ten days from the date of service of such notice and order; and (B) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.

(b) The notice and order and any amended or supplemental notice and order shall be served upon the licensee or registrant either personally or by mailing a copy of such notice or order by certified mail, postage prepaid, return receipt requested, to the address of such licensee or registrant as it appears on the license or registration. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(c) Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 825 § 33, 1980).

4.36.330 Appeal procedure.

Any person feeling aggrieved by the actions of the licensing official pursuant to the provisions of this chapter may appeal to the city council by filing with the city clerk a notice of appeal in duplicate within ten days after the action complained of, which notice shall specify the action complained of, and the city clerk shall forthwith transmit one of said notices to the mayor, who shall ensure that the matter is placed upon the agenda of the city council meeting not less than seven nor more than twenty-one days after the filing of said notice with the city clerk. (Ord. 825 § 34, 1980).

4.36.340 Violation—Penalty.

Failure to perform any act required, or the performance of any act prohibited, by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed such a civil infraction shall be subject to the penalties as set forth in Chapter 1.16. (Ord. 1665 § 1 (part), 2010: Ord. 1323 § 12, 1996: Ord. 1319 § 12, 1996: Ord. 825 § 30, 1980).

4.36.350 Civil penalty for violation.

In addition to or as an alternative to any other penalty provided herein, or by law, any person who violates any provision of this chapter shall be subject to a civil penalty in the amount not to exceed three hundred dollars per violation, to be directly assessed by the licensing official in a reasonable manner, who may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. (Ord. 825 § 31, 1980).

4.36.360 Severability.

If any section, paragraph, subsection, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 825 § 36, 1980).