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HomeMy WebLinkAbout05029 AS AMENDED--FEBRUARY 14, 1983 ORDINANCE NO. 5029 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IX OF THE 1971 CODE OF ORDINANCES RELATING TO MERCHANT PATROLMAN AND SECURITY GUARD SERVICES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted; underscoring indicates material being added. ) SECTION 1. Chapter 12 of Title IX of the 1971 Code of Ordinances of the City of Pueblo is hereby amended to read as follows : "9-12-1 : DEFINITIONS As used in [sections 9-12-1 thru 9-12-13 inclusive] this Chapter, the following words shall have the meanings [given in this section] as provided herein: (a) Merchant Patrol [Operator] or Security Guard Service shall mean any person, partnership or corporation which [who] conducts or is engaged in the business of guarding or keeping a surveillance upon business, industrial or similar premises [during the time that said premises are not open for business or are not occupied] or providing protection to persons and property, by maintaining or providing on or near any premises one or more security guards. [ , for the purpose of ascertaining that said premises are safe and secure, that lights are turned out, doors are locked, windows are intact and, generally, to determine whether any suspicious circumstances exist which would indicate unlawful trespassing or other illegal interference with said premises. The term shall not include any person duly licensed by the State of Colorado as a detective agency. ] (b) [Individual Merchant Patrolman (IMP) ] Security Guard shall mean any natural [individual] person employed by a licensed [MPO] merchant patrol or security guard service for the purpose of watching, guarding or otherwise protecting the persons or property on any premises not his own. [except stenographic and clerical employees] The term shall include but is not limited to uniformed guards and "bouncers" performing services as an employee of a licensed merchant patrol or security guard service in premises licensed under Articles 46 and 47 of Title 12 , C .R.S. 1973, but shall not include individuals employed by any common carrier engaged in interstate commerce, industrial or commercial guards employed directly by the owner of an industrial or commercial premises , or peace officers acting within the scope of their employment. (c) License Officer shall mean the Director of Finance. 9-12-2 : LICENSES REQUIRED It shall be unlawful and a Class 1 Municipal Offense for any person to engage in business within the City as a Merchant Patrol [Operator] or Security Guard Service or to serve or be employed as a security guard without first having obtained a license [so] to do so. 9-12-3 : APPLICATION FOR LICENSE Application for either a merchant patrol [operator] or security guard service license or security guard license shall be submitted on forms provided by the City and shall contain the following information: (a) for merchant patrol or security guard service license: [ (a) ] (1) The full name , age, residence, present occupation and occupations for the preceding five years of each individual applicant, of each partner if a partnership and of the managing officer and each stockholder of 10% or more stock if a corporation. Such application shall show available facts relating to the character, competency and integrity of the applicant and shall list any [previous police record. ] felony, misdemeanor or ordinance violations (other than minor traffic violations) , the nature of the offense, -2- the penalty imposed and the date and place where such offense occurred. [ (b) ] (2) Each application shall be accompanied by written statements from at least [five] two reputable citizens of the City of Pueblo, each of whom shall certify that he has personally known the applicant for a period of at least two years immediately prior to the filing of the application and that he believes the applicant or the managing officer thereof, if a corporation, is competent, honest and of good character and that he would recommend that the applicant is suitable to engage in the business [of MPO] . (b) for security guard license: (1) the full name, date of birth, residence, present occupation and occupations for the preceding five years of the applicant, the name and address of the merchant patrol or security guard service by whom he is to be employed. (2) a list of all felony, misdemeanor or ordinance violations (other than minor traffic violations) , the nature of the offense, the penalty imposed and the date and place where such offense occurred. (3) a written statement from at least two residents of the City who have personally known the applicant for at least 2 years and attesting to the applicant' s good character, integrity and suitability as a security guard. (4) two recent wallet-sized color photographs of himself. (5) a full set of fingerprints. 9-12-4 : ISSUANCE OR DENIAL OF LICENSES [Prohibition of Transfer; Expiration] [If the Chief of Police shall find after investigation that the requirements set forth in Sections 9-12-1 thru 9-12-6 have been met and that the character, competency and -3- integrity of the applicant are such as to command the con- fidence of the public and to warrant belief that the business will be operated lawfully and honestly, the License Officer shall thereupon issue and deliver to the applicant an MPO license. Such license shall not be transferable, and shall expire on December 31 of the year in which issued. ] (a) Upon submission of a completed application to the License Officer, the License Officer shall cause same to be transmitted to the Chief of Police or his designee for investigation of the accuracy of the application and the character, integrity and competency of the applicant. Thereafter, the Chief of Police shall report his findings and recommendations to the License Officer, who shall either grant or deny the application. (b) The License Officer may deny an application for any of the following reasons : (1) the applicant is under the age of 18 years or not a citizen of the United States; (2) the character and reputation and past conduct of the applicant is unsatisfactory; (3) the applicant has been convicted of a felony, or a misdemeanor or ordinance violation involving moral turpitude, within 10 years immediately preceding the date of application; (4) the applicant has had a civil judgment entered against him for fraud, deceit or misrepresentation within ten years immediately preceding the date of application. (5) the applicant is addicted to drugs or is habitually intoxicated. (6) an applicant for a security guard license has not satisfactorily indicated he will be employed by a licensed merchant patrol or security guard service. (c) Upon approval of an application, payment of license fees as provided in this Chapter, and posting of a sufficient -4- and proper bond as provided in this Chapter, the License Officer shall issue the license. 9-12-5 : SCHEDULE OF FEES License fees shall be charged according to the following schedule : Merchant Patrol [Operator] or Security Guard Service - annual fee - [$50. 00] $100. 00. [Individual Merchant Patrolman] Security Guard - annual fee - $5. 00. 9-12-6 : BOND; REQUIRED; AMOUNT; LIABILITY INSURANCE (a) Before a license shall be issued for engaging in business as [MPO] Merchant Patrol or Security Guard Service the applicant shall file with the License Officer a bond running to the City, in the sum of [One] Five Thousand Dollars, with good and sufficient sureties, conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the City regulating and concerning such business [of Merchant Patrol and Merchant Patrol Operator] , and further conditioned on the faithful performance and honest conduct of all [watching, guarding or protecting undertaken by] security guards employed by the licensee and will pay all judgments rendered against such applicant for any violation of such ordinances or conditions, and hold the City harmless on account of the issuance of such license. Such bond shall remain in force and be binding for the period of the license, and may be continued from year to year thereafter upon giving to the License Officer a continuation certificate signed by the sureties thereon. [ (b) Before any license as herein provided shall be issued for engaging in business as MPO such applicant shall file with the License Officer an instrument appointing the License Officer his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of such applicant in respect to any matters -5- connected with or arising out of the business transacted under such license and the bond given as required by this article, or for the performance of the conditions of such bond or for any breach thereof, which instrument shall also contain recitals to the effect that such applicant for such license consents and agrees that service of any notice or process may be made upon such agent, and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this article, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the License Officer, as herein provided, the License Officer shall send to the licensee at his last known address as shown upon the current license, by registered mail, a copy of such process. ] (b) Before any license shall be issued to engage in business as a Merchant Patrol or Security Guard Service, the applicant therefore shall file with the license officer a certificate of insurance for comprehensive general liability insurance in amounts not less than $400,000 for each occurrence and aggregate for bodily injury and personal injury including assault and battery and $50,000 for each occurrence and aggregate for property damage, and in addition thereto such Workmen' s Compensation Insurance as shall be required by the Statutes of the State of Colorado. 9-12-7 : [INDIVIDUAL PATROLMAN' S LICENSE--QUALIFICATIONS ; APPLICATION [ (a) It shall be unlawful for any person to accept employment or to conduct a surveillance as an Individual Merchant Patrolman without first having obtained a license so to do. (b) Each applicant shall make application for an IMP license upon a form to be provided by the City, giving the following information: -6- (1) Name. (2) Date and place of birth. (3) Residence and employment for the five-year period previous to date of application. (4) Time and place of all convictions of felonies, misdemeanors, or other local laws or ordinances. (5) Each application shall be accompanied by written statement from at least two citizens of the City who have personally known the applicant for at least two years immediately prior and attesting that he believes the applicant to be of good character and of such honesty and integrity as to be suitable as an IMP. (c) Such application shall be filed with the License Officer, who shall refer the same to the Police Department for verification. Upon verification of the truthfulness of all statements in the application qualifying the applicant for an IMP license, the Chief of Police shall endorse the face of verification thereof and shall return the same to the License Officer for issuance of the license. (d) The following shall be grounds for the denial of application for an IMP license: (1) Any false statement on the application. (2) Applicant under the age of 21 years. (3) Addiction to the use of intoxicating liquor or narcotics. (4) Any conviction of a felony within 15 years next preceding the date of application. ] 9-12-7 : PROHIBITED PRACTICES (a) Security guards shall not carry firearms while in the course of their employment for any merchant patrol or security guard service unless the merchant patrol or security guard service certifies in writing to the Chief of Police that such security guard is proficient in the use, care and maintenance of same, and that he has a good -7- knowledge of firearm safety. Nothing herein shall be construed to permit a security guard to carry an illegal weapon nor to carry any concealed weapon. (b) Security guards shall not arrest any person except as permitted by law for any citizen. (c) Security guards shall not represent themselves in any manner to be a peace officer or as having any police authority. (d) Security guards shall not wear any uniforms unless same are first approved by the Chief of Police. No uniform shall be deceptively similar to any uniform worn by any law enforcement agency in the County of Pueblo, nor shall same bear the words "police" or "officer" anywhere thereon. 9-12-8 : [SAME--PHOTOGRAPHS, FILING, ATTACHING] Reserved [Each applicant for an IMP license must file with his application two recent photographs of himself, of a size which may be easily attached to his license , one of which shall be attached to the license when issued, the other shall be filed with the application. The photographs shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed IMP shall, upon demand of any peace officer, exhibit his license and photograph for inspection. Where the appli- cation for a license is denied, the photograph shall be returned to the applicant by the License Officer. ] 9-12-9 : [SAME--FORM; TERM] Reserved [Upon satisfactory fulfillment of the foregoing requirements there shall be issued to the IMP applicant a license, which shall be in such form as to contain the photograph and signature of the licensee. All such licenses shall expire on the thirty-first day of December next suc- ceeding the date of issue. ] 9-12-10 : SUSPENSION OR REVOCATION OF LICENSE (a) After notice and hearing, [an MPO] a merchant patrol or security guard service license issued under this -8- Chapter may be suspended or revoked by the License Officer for any of the following reasons : (1) That the licensee or any employee of the licensee has been convicted of a felony or any offense involving moral turpitude under the laws of the United States or under the laws of any state or territory of the United States or the Ordinances of this City. (2) That the licensee or any employee of the licensee has failed to report a crime to the Police Department or has failed to report circumstances to the Police Department which should have put a reasonable prudent security guard [him] on notice that a crime has been committed. (b) After notice and hearing , the License Officer may suspend or revoke the license of any [IMP] security guard for any of the following reasons: (1) Failure to report to the Police Department a crime of which the [IMP] security guard has knowledge. (2) Failure to report to the Police Department any circumstances which would lead a reasonable prudent security guard [person] in his circumstances to believe that a crime has been committed. (c) The License Officer shall summarily suspend and demand surrender of the license of any [MPT or IMP] licensee charged in any court of competent jurisdiction with the commission of a felony or of an offense involving moral turpitude [ , ] . Thereafter, he shall forthwith give notice of hearing and provide a hearing to determine by a pre- ponderance of evidence whether such offense was committed. In the event he so determines, the suspension of such license shall continue pending final disposition of such charges. (d) Notice of hearing shall be served at least three days before hearing is held. (e) At any such hearing, conviction of any offense may be but is not required to be proven by a transcript of -9- the judgment or order of conviction certified by the Judge or Clerk of the Court in which said conviction occurred. (f) No suspension shall be for a period longer than six months except as provided in subsection (c) hereof. (g) Whenever any license is revoked, no part of the fee paid shall be returned to the licensee. (h) Any person whose license shall be revoked hereunder shall not be eligible for a new license for a period of two (2) calendar years from the date of revocation. 9-12-11: COMPLIANCE WITH THE CITY CODE Nothing herein shall be construed as permitting or allowing any licensee hereunder to violate or to disobey any provision of this Code or any Ordinances of the City of Pueblo or exercise any authority of a peace officer. 9-12-12 : BADGES, UNIFORMS AND EQUIPMENT The Chief of Police shall regulate the style of all badges, uniforms and equipment used by persons engaged in the merchant patrol business to the end that the same shall be sufficiently distinctive to avoid confusion in the mind of the public with badges, uniforms and equipment of local law enforcement agencies. 9-12-13 : DUTY TO REPORT BREAK-IN AND OTHER SUSPICIOUS CIRCUMSTANCES It shall be unlawful for any person engaged in merchant patrol or security guard work whether or not licensed under this Code, to fail or refuse to report any break-in or suspicious circumstances to the Police Department as soon as possible. All persons licensed hereunder shall cooperate with the Police Department in the investigation of such circumstances when requested to do so, but shall not attempt to investigate such break-in or suspicious circumstances himself. SECTION 2. This Ordinance shall be effective upon final passage and approval, except that with respect to persons engaged in the -10- merchant patrol or security guard service or employed as security guards at the time of final passage, this Ordinance shall not take effect until six (6) months after final passage and approval. INTRODUCED : December 13 , 1982 By DAVID SCRIBNER Councilman APPROVED: ATTEST: 7ae..e....w President of the ity Council City Cl v' -11-