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A. Definitions.

1. “Merchant patrol” means any person engaged in the merchant patrol business including employees of a merchant patrol agency.

2. “Merchant patrol agency” means any person, 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 for such purposes.

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, firm or corporation 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(s), firm(s), or corporation(s); the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the causes, origin or responsibilities for destruction, 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. License Application – Qualifications – Requirements to Apply.

1. License Bond. Applicant for a license under this chapter shall file with their or its application a surety bond in the sum of $10,000 running to the city, in form approved by the city attorney, with surety approval by the director of finance, and conditioned upon the faithful and honest conduct of such business by the applicant and in compliance with the requirements of this chapter.

2. Fingerprints and Photographs. Each application for a merchant patrol license shall be accompanied by a complete set of fingerprints of the applicant utilizing fingerprint forms as prescribed by the chief of police. Additionally, two recent photographs shall accompany the application which shall be attached to the license to be issued in such a way that it is not possible to remove same and substitute another photograph without the probability of detection.

3. Exceptions. Nothing in this chapter requiring licenses shall apply to any officer or employee of any state, county, city or town or any federal official (whether appointed or elected by due authority of law); or 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; or to any person, firm or corporation inquiring into the personal habits and financial responsibility of applicants for insurance indemnities, bonds or commercial credit; or of claimants or applicants under or pursuant to policies of insurance, and/or investigation of losses, if any covered hereunder; or to any attorney engaged in the practice of law.

C. License Regulations.

1. Merchant Patrolmen – Uniforms. The chief of police of the city shall designate and approve the kind and character of uniform to be worn by all licensed merchant patrolmen in accordance with the provisions of this chapter, which shall be worn in plain view by the merchant patrolman at all times while on duty.

2. 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 they or any other employee of such agency has been assigned by such agency or with respect to any of the work, business or affairs of subject agency.

3. Licensee – Prohibited Activities. It is unlawful for any licensee under this chapter to knowingly incite, encourage or aid in inciting or encouraging any person or persons who have become a party to any strike to commit unlawful acts against the person or property of anyone; or knowingly to incite, stir up, create or aid in inciting discontentment or dissatisfaction among the employees of any person, firm or corporation with the intention of having them strike; or to send letters or literature to eliminate labor unions; to have any person to falsely state or represent that they is or has been a private detective or employed by a detective agency; or for any licensee under this chapter or employee thereof to assume to act as an officer of the law without proper authority.

4. Merchant Patrolman – Reports to Police. Every merchant patrolman shall, as soon as practical, but no later than after the conclusion of the daily hours of work of such patrolman, report any irregularities tending to show that a crime has been committed or may be committed which such patrolman may have found during the time of their immediately preceding work hours.

5. License – Surrender on Employment Termination. Upon termination of employment of any private detective or merchant patrol agency or its employees, it shall be the duty of the licensee to surrender the license immediately to the business license clerk, as designated by the mayor. Failure to do so constitutes a violation of this chapter. (Ord. 5897 § 11, 2005; Ord. 4012 § 2, 1984.)