5.10.200 Merchant patrols and private detectives

5.10.200 Merchant patrols and private detectives.

It is the intent of this section to license and regulate those persons who as independent contractors, agencies or businesses act or employ personnel who act in a capacity of a merchant patrolman and/or private detective. No person licensed as a merchant patrolman and/or private detective shall be deemed a city employee or agent.

A. Definitions. In addition to the definitions that apply generally to this chapter, the following definitions and interpretations shall apply to the terms and phrases found in this section:

1. "Merchant patrol" means any person engaged in the merchant patrol business.

2. "Merchant patrol agency" means any agency, firm, or corporation engaged in the merchant patrol business employing one or more persons as employees, assistants, clerks or operatives.

3. "Merchant patrol business" means the business of or the representation of being engaged in the business for hire or reward and as an independent contractor to guard or protect persons or property or patrol buildings, streets or districts.

4. "Private detective" means any person engaged in the private detective business including employees of a private detective agency.

5. "Private detective agency" means any person engaged in the private detective business employing one or more persons as employees, assistants, clerks or operatives.

6. "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 with reference to any of the following matters: detecting, discovering or revealing crime or criminals or securing secret information or evidence relating thereto, habits, conduct, movements, whereabouts, associates, reputation, character or acts of any person, the credibility of witnesses or other persons, the location or recovery of lost or stolen property, the causes, origin or responsibilities for fires, accidents and injuries to real or personal property, the securing of evidence to be used before authorized investigation committees or boards for the trial of civil or criminal cases.

B. Business License - exemptions. The provisions of this chapter shall not apply to:

1. Any officer or employee of any state, county, city or town, or any federal official performing official duties for that entity;

2. 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;

3. To persons, firms or corporations inquiring into the personal habits and financial responsibilities of applications for insurance, indemnities, bonds or commercial credit, or of claimants or applicants under or pursuant to policies of insurance;

4. To any attorney engaged in the practice of law;

5. To a person employed as an in-house guard or investigator by only one employer and who provides services exclusively in connection with the affairs of such employer and where there exists an employer-employee relationship.

6. A person whose sole investigative activity consists of administering polygraphs, psychological stress analysis, or other such tests to individuals when the tests are based entirely upon information provided by the client who retained the person to perform the test.

C. Application - requirements generally. Application for a merchant patrol agency license, detective agency license, or private detective license shall be accomplished by completion of the prescribed application form as furnished by the Aberdeen police department, rather than the city's finance director. Said application shall be submitted to the Aberdeen police department for processing. The applications:

1. Shall be signed and verified by the applicant (or, in the case of a corporation, shall be signed by duly authorized officer of the corporation and shall have the local address and place of business of the corporation);

2. Shall state the applicant's full name and age;

3. Shall state residence and past residences during the previous five years;

4. Shall state present and previous occupation(s) during the previous five years;

5. If an employee, in the case of private detectives, the applicant shall state the address of the place of business and the name of the employer, including agency license number;

6. Shall state whether or not a firearm is to be used in connection with the applicant's duties as a licensee;

7. Shall include three recent photographs of the individual applicant, of a type to be prescribed by the chief of police;

8. Shall state whether the applicant has pending or has been convicted of, or forfeited bail to any crime, excluding minor traffic offenses, and if so, state the crime, the name of the court in which the case was filed, and the circumstances and disposition of the case or scheduled trial date;

9. Shall state all assumed names or aliases which have been or are used by the applicant;

10. Shall state such other information as the chief of police may reasonably require in connection with the application.

D. Application - investigation. Upon receipt of an application, the chief of police will direct that an investigation be conducted to verify the veracity of statements contained therein and any other matters which might aid in determining whether or not the application should be approved and a license issued. The applicant shall submit to fingerprinting and photographs by the police department to aid in its background investigation.

E. License – issuance - contents. If the results of the investigation conducted by the police department indicate that an applicant should be granted a license, upon receipt of the prescribed fee the chief shall recommend issuance to the city council. Final determination on the issuance of licenses shall be made by the city council. When approved by the city council, after preparation of the license by the police department, said licenses shall be issued by the finance director's office. The license shall contain the photograph of the applicant, the name, residence address, business address, physical description, date of birth, and thumb print of the licensee as well as the imprint of the seal of the city. Every licensee so licensed shall upon demand of any police officer, exhibit their license for inspection. Every person employed as a private detective by a detective agency pursuant to the terms of this chapter must be individually licensed as provided herein.

1. The chief of police may deny a license to an applicant who has:

a. Committed any act constituting fraud;

b. Committed any act in the past two years which, if committed by a licensee, would be a ground for suspension or revocation of a license pursuant this chapter;

c. Committed any act resulting in the conviction of a felony or a crime involving moral turpitude;

d. 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;

e. Been refused a license under the provisions of this chapter or has had a license revoked; provided, however, that any applicant who has been refused a license or had a license revoked under the provisions of this chapter may reapply after six months if the basis for such denial no longer exists;

f. 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;

g. While unlicensed, within the previous two years, committed or aided and abetted the commission of any act for which a license is required pursuant this chapter;

h. Failed to successfully complete any required firearms tests;

i. Made any false statement in their application;

j. Failed to pay the required license fee; or

k. Violated any of the terms of this chapter.

2. If the chief of police determines that a license should not be issued, the chief shall notify the applicant in writing of his determination, and of the applicant's right to appeal to the council under subsection (6)(c) of this section. Unless appealed under subsection (6)(c), the chief's action to deny an applicant shall be final. A copy of the chief's letter of denial shall be given to the public safety committee at its next meeting.

3. Within twenty one (21) days of the date of posting of the chief's letter notifying the applicant of denial, either the applicant or the public safety committee may file an appeal, in writing, with the city council. Upon receipt of an appeal, the city council shall schedule a hearing on the matter and shall notify the applicant of the date of the scheduled hearing. At the appeal, the city council shall consider evidence presented by the chief of police, the applicant, and other interested persons and shall make a determination as to whether or not the license should be issued. If the license is denied on appeal by the city council, the council shall state its reasons for denial in a resolution.

G. Agency application - bond required. For each agency license applied for, the applicant shall file with the chief of police at the time of filing of the application a surety company bond running to the city of Aberdeen, state of Washington, in a penal sum of ten thousand dollars ($10,000.00), conditioned that the license will faithfully comply with all the requirements of this chapter. Upon the effective date of cancellation of any bond furnished hereunder, any license shall without action by any city official be suspended and remain suspended until the effective date of inception of a replacement bond filed with the chief of police of the type and form specified for the original bond.

H. Insurance coverage required. No agency license shall be issued under the provisions of this chapter unless the applicant files with the chief of police a certificate of insurance with minimum bodily injury and property damage coverage of one hundred thousand dollars ($100,000.00), and naming the city of Aberdeen as an additional insured. The maintenance of such insurance shall be a condition to retaining a license.

1. The chief of police may suspend or revoke a license issued under the provisions of this chapter if he determines that any licensee has:

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

b. Violated any of the provisions of this chapter;

c. Been convicted of a felony or any crime involving moral turpitude;

d. Illegally used, carried or possessed a dangerous weapon;

e. Violated any rule of the chief of police adopted pursuant to his authority contained in this chapter;

f. 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;

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

h. Committed any act which is a ground for denial of application for a license under the provisions of this chapter.

2. If the chief determines a license should be revoked or suspended, the chief shall notify the licensee of his decision, with the reasons therefor, by certified or registered mail. The notice shall also include the licensee's right to a hearing or an appeal under this section.

3. Within fourteen (14) days after mailing of the notice provided in subsection (9)(b) of this section, the licensee may request a hearing before the chief to show cause why such license should not be canceled or suspended. If the licensee does not request a hearing before the chief within fourteen (14) days of the mailing of the notice, the license will be revoked or suspended.

4. If a hearing is requested, and, after such hearing, the chief decides that the license should be revoked or suspended, he shall so notify the licensee of his determination in writing. The licensee may appeal by filing written notice of appeal with the city council within twenty one (21) days of his notification by the chief. At his option, the chief of police may treat a licensee's request for a hearing before the chief as an appeal to the city council by so notifying the city council, which shall then treat the matter as an appeal under the following section.

5. Upon receipt of an appeal, or notification by the chief that he is electing to treat at request for a hearing as an appeal, the council shall schedule a hearing at the earliest opportunity and shall notify the licensee and the chief of the date of the hearing. At the appeal, the city council shall consider evidence presented by the chief of police, the applicant, and other interested persons and shall make a determination as to whether or not the license should be suspended or revoked. Following a hearing the council may affirm, modify, or revise the decision of the chief suspending or revoking a license. If the license is revoked or suspended on appeal by the city council, the council shall state its reasons for in a resolution. Action by the council shall be final and effective immediately unless otherwise specified.

1. The initial license fee for a merchant patrol agency or a private detective agency shall be and is fixed in the sum of one hundred fifty dollars ($150.00) payable at the time of application. Annual renewal of a previously issued license shall be seventy-five dollars ($75.00).

2. The initial license fee for each person employed by a detective agency as a private detective, other than the agency applicant himself, shall be and is fixed in the sum of twenty dollars ($20.00) payable at the time of application. Annual renewal of a previously issued license shall be ten dollars ($10.00).

3. In the event a license for a merchant patrol agency or a private detective agency is denied, one hundred dollars ($100.00) of the fee shall be refunded and the remainder forfeited. There shall be no refund of the individual private detective application nor shall there be refunds of any agency fees upon revocation of a license.

K. List of services – required - records to be kept. All licensed agencies must maintain a list of all services offered with a brief description of what the service consists of. All business transactions with customers must be conducted in accordance with the list of services. Records must be kept on the telephone numbers, names and addresses of customers, the type of service provided, and the amount of money paid by these customers for services. Such records shall be open to inspection by the Aberdeen police department at all reasonable times.

L. Information from detective's investigation - disclosure restrictions. It is unlawful for any person who is or has been an employee of a detective agency to disclose or divulge to any person other than their employer, or except as their employer may direct, or except as may be required by law, any information acquired by them during such employment with respect to any of the work to which he or any other employee of such agency have been assigned by such agency or with respect to any of the work, business or affairs of subject agency.

M. Unlawful to employ unlicensed persons. It is unlawful for any owner, proprietor, manager or person in charge of any detective agency regulated by this chapter to employ in such business any person who does not have a valid employee license issued pursuant to this chapter.

N. Unlawful to advertise without license. It is unlawful to advertise the services of any merchant patrol or private detective business which is not licensed according to the provisions of this chapter.

1. Every advertisement by a licensee advertising or soliciting a business shall contain their company name and address as they appear in the records of the chief of police.

2. Licensees and employees of licensees shall assure that their literature or sales presentation shall be accompanied by an accurate and clear description of the services which the licensee offers or provides.

3. Licensees and employees of licensees performing sales presentations to members of the public shall not carry visible weapons.

4. A violation of any of the above provisions shall constitute grounds for license revocation proceedings, against either the employee and the agency, or both.

P. Premises and records to be open for inspection. The premises and all books and records of any business subject to this chapter for which a license has been applied for or issued shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand by the chief of police or corporation counsel or their agent, for the purpose of determining compliance or noncompliance with the provisions of this chapter. A refusal of such entry and inspection shall result in a denial or revocation of the business license.

Q. Merchant patrolman - private detective - reports to police. Every merchant patrolman or private detective shall report to the appropriate police agency any irregularities tending to show that a crime has been committed, or may be committed, immediately after the conclusion of the daily hours of work or sooner.

R. Procedures required of licensees. Licensees shall perform private security services in such fashion that no interference with the Aberdeen police department or other law enforcement agencies will result. Regarding this end, licensees shall:

1. Recommend to their customers that, in the event of a police problem, the customer shall first call the police agency which serves the locale wherein the problem exists;

2. Instruct the customer to call the police agency which serves the locale wherein the problem exists, if a customer calls about a police problem;

3. Instruct their employees that if a situation involving possible law enforcement interest is observed, the employee will immediately notify the appropriate law enforcement agency;

4. Instruct their employees to report any situation, circumstance, or evidence that a crime has been or is about to be committed to the appropriate police agency;

5. Use all reasonable efforts to inform and advise their 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;

6. A violation of any of the above provisions shall constitute grounds for license revocation proceedings against the agency.

1. It is unlawful for any licensee to represent to members of the public in any way, either directly or indirectly or by implication, that the license is an official or semi-official 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 limitation, the following conduct:

a. Use of name or initials in the course of business which has the capacity or tendency to convey said representation to the public, including but not limited to any name using the words "police," "department," "sheriff," or "deputy";

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

d. Use of 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;

e. Performance of any acts, practices, or conduct which hamper the operation of activities of authorized law enforcement and public safety officers.

2. A violation of any of the above provisions shall constitute grounds for license revocation proceedings, both as against the employee and the agency, or both.

T. Firearms. An applicant for license who uses or intends to use firearms in connection with the employment regulated under the provisions of this chapter shall be tested by the chief of police or his designee in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner. The contents of such test shall be determined by the chief of police and shall be in form prescribed by him. The chief of police may, in his discretion, set reasonable testing and range fees. This requirement is for the benefit of the safety of the general public and shall not be deemed to create any liability on behalf of the city of Aberdeen to any person under any circumstances. All federal, state, and local laws, regulations and ordinances regarding the possession, carrying or use of firearms or other weapons shall be complied with.

U. License - surrender on employment termination. Upon termination of employment of any private detective or merchant patrol agency it shall be the duty of the licensee to surrender the license immediately to the chief of police. Failure to do so constitutes a violation of this chapter.