Chapter 5.06 PRIVATE DETECTIVES OR DETECTIVE AGENCIES

5.06.010 Definitions.

5.06.020 License required.

5.06.030 Conduct of employees--Licensee’s responsibility.

5.06.040 Application procedure.

5.06.050 Fees.

5.06.070 License transfer prohibited.

5.06.080 Divulging information.

5.06.090 False reports.

5.06.100 Identification card.

5.06.110 License revocation.

5.06.120 Exemptions.

5.06.010 Definitions.

A. “Detective business” means the business of making, for hire, an investigation or investigations for the purpose of obtaining information with reference to any of the following matters: crimes against any commonwealth or wrongs done or threatened; the habits, conducts, movements, associates, transactions, reputation or character of persons, firms, or corporations; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the securing of evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases; the cause, origin, or responsibility for fires, accidents or injury to real or personal property.
B. “Private detective” means a person engaged in the detective business, for hire, who does not employ or use any employees, assistants, clerks, bookkeepers, or operatives.
C. “Detective agency” means a person engaged in the detective business for hire, which employs one or more persons as employees, assistants, clerks, bookkeepers, or operatives in its business; provided, that persons engaged in the business whose employees, other than office employees, are in full uniform, shall not be classed as a detective agency.
D. “For hire,” as used in this chapter, includes compensation paid directly or indirectly. (Ord. 639 § 1, 1980).

5.06.020 License required.

It is unlawful for any person to act, or to hold himself out as a special or private detective for hire within the city, or for any person to engage in, or hold himself out as being engaged in the business of furnishing or supplying special or private detectives within the city, unless such a person is licensed under this chapter or is regularly employed by a fully licensed special or private detective, named and described in the records of the police department and bureau of licenses of the city as provided in this chapter. (Ord. 639 § 2, 1980).

5.06.030 Conduct of employees--Licensee’s responsibility.

The holder of an unexpired license for a detective agency issued pursuant to this chapter may employ, to assist him in his work and in the conduct of his business, as many persons as he may deem necessary, and shall at all times during such employment be accountable for the good conduct in the business of each and every person so employed. (Ord. 639 § 3, 1980).

5.06.040 Application procedure.

In addition to the usual required form and information, the following provisions shall apply to the application for license provided in this chapter:
A.1. If the applicant is an individual, the application shall be signed and verified by the individual. If the applicant is a firm or partnership, the application shall be signed and verified by each individual composing or intending to compose the firm or partnership. The application shall state the full name, age, residence, present and previous occupation, covering a period of five years prior to the application, of each individual so signing the same. The application shall also give the location of the office in the city and, if there is more than one office, the location of each of the same, with facts sufficient to show the good character, competency, and integrity of each individual so signing the application. The application shall be approved as to each individual so signing the same by not less than five reputable citizens, each of whom shall certify that he has personally known the applicant for a period of at least five years prior to the filing of the application, that he has read the application and believes each of the statements made therein to be true, and that the person is honest, of good character, competent, and not related or connected by blood or marriage to the person so certifying. The certificate of approval shall be signed by each of the citizens and duly verified before an officer authorized to administer oaths.
2. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, or, if a foreign corporation, the application shall be accompanied by a certificate signed by the proper officers of such corporation showing the place and date of incorporation, a certified copy of its right to do business in the state, and the name of its duly authorized local agent. The application shall be signed and verified by the duly authorized local agent for the corporation. The application shall state the name of the corporation, its home office, and principal place of business in the city. Each and every requirement of the foregoing paragraphs of this section, as to a single individual or the individual members of a firm or partnership, shall apply to the president, secretary and treasurer of a domestic corporation and to the duly authorized local agent of foreign corporation. Each of the officers of local agents, his successor or successors, shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as is prescribed by the foregoing paragraph in the case of a single individual or individual member of a firm or partnership. In the event of the death, resignation or removal of any such officer or duly authorized local agent, due notice of that fact shall forthwith be given in writing to the city clerk-treasurer.
B. Upon receipt of an application, the city clerk-treasurer shall forward the same to the chief of police for investigation and report. Before making any recommendation, the chief of police shall cause the applicant, if the applicant, is an individual, each member of a firm or partnership, if the applicant is a firm or partnership, or the officers of a corporation or the authorized local agent of a foreign corporation, if the applicant is a local or foreign corporation, to be interviewed and his or their photograph and fingerprints taken and thorough investigation made into the character, reputation, and ability of the applicant or those making such application. The provisions of this chapter relating to provisional licenses shall not apply to this license, and no license shall be issued without the chief of police having approved the application. In the event the chief of police shall recommend against the issuance of the license, the applicant shall have the right to appeal to the city council. (Ord. 904 § 5, 1995; Ord. 639 § 4, 1980).

5.06.050 Fees.

A. The license fees for detectives and detective agencies shall be as established by resolution of the city council. (Ord. 1143 § 3, 2004: Ord. 639 § 5, 1980).

5.06.070 License transfer prohibited.

No license granted under the provisions of this chapter shall be transferable. (Ord. 639 § 6, 1980).

5.06.080 Divulging information.

No person who is or has been an employee of a holder of a license granted under the provisions of this chapter shall divulge to any one other than his employer, except as may be required by law, any information acquired by him during his employment in respect to any of the work to which he shall have been assigned by his employer, or any information obtained by him in his employer’s service. (Ord. 639 § 7, 1980).

5.06.090 False reports.

No person who is an employee of a holder of a license issued under the provisions of this chapter shall make any false report or account to his employer. (Ord. 639 § 8, 1980).

5.06.100 Identification card.

Every private detective and every employee of a detective agency licensed under the provisions of this chapter shall at all times have in his or her possession an identification card in form to be approved by the city clerk-treasurer and the chief of police. The identification card, in addition to such requirements as may be provided by the city clerk-treasurer and chief of police, shall include a photograph of the holder and shall bear his thumbprint and signature. It is unlawful for any person so licensed or the employee of any agency so licensed to engage in any work coming within the purview of this chapter without having such an identification card in his possession. It is unlawful for an unlicensed person or employee of an unlicensed agency to have such identification card. Upon revocation of license, the identification cards of all employees of an agency whose license has been revoked shall be surrendered. All such identification cards shall be surrendered to the city clerk-treasurer upon the issuance of a new license. Identification cards shall be valid only for the calendar or fiscal year in which they are issued. (Ord. 639 § 9, 1980).

5.06.110 License revocation.

Any license issued under the provisions of this chapter may be revoked by the council upon hearing duly had, for any of the following reasons:
A. If it appears that the licensee has knowingly violated any of the provisions of this chapter;
B. If it appears that the licensee has knowingly instructed any employee to violate any of the provisions of this chapter;
C. If it appears that the licensee has knowingly made a false report in respect to any of the matters in which the licensee may be employed;
D. If it appears that the licensee has divulged any information which he acquired from or for his client to any person other than his client, except when authorized by his client to divulge such information, or when required to do so by law;
E. If it appears that the licensee has knowingly and willfully sworn falsely in any judicial proceeding, or suborned perjury therein;
F. If it appears that the licensee has knowingly permitted any employee to divulge any information acquired for or from his client;
G. If it appears that the licensee has accepted money or gratuities from any person whose affairs he may have been employed by another person to investigate. In the event it appears that any copartner or any member of a firm or any officer or authorized local agent of a corporation holding a license under this chapter has done any of the things set forth in the foregoing subsections of this section, then the council may revoke the license of the partnership, firm or corporation. (Ord. 639 § 10, 1980).

5.06.120 Exemptions.

Nothing in this chapter shall apply to the following persons:
A. Any officer belonging to the police force of the United States, the state, or of any county, city, town or other municipal corporation, appointed or elected by due authority of law, insofar as his activities in such official capacities are concerned;
B. Any person in the employ of any police force or police department of the United States or any agency of the United States, the state, county, city, town or other municipal corporation, while engaged in the performance of his official duty;
C. Any United States or county attorney, the United States or State Attorney General or city attorney, or their deputies, or assistants, or any person in the employ of a county attorney, Attorney General or city attorney while engaged in the performance of his official duties;
D. Any association or corporation organized for patriotic purposes and not for pecuniary profit;
E. Any special or private policemen or watchman;
F. Any other person engaged in the business of doing only police work and not in the detective or secret service business. (Ord. 639 § 11, 1980).