Title 5 BUSINESS LICENSES AND REGULATIONS
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).
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