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HomeMy WebLinkAboutOrdinance-1977-0227 - Operation and Licensing of Security Service and Guard PatrolINTRODUCED BY COUNCILPERSON Donaldson ORDINANCE NO. 227 SERIES OF 1977 TITLE: AN ORDINANCE PROVIDING FOR THE OPERATION AND LICENSING OF GUARD SERVICE, SECURITY PATROL AND INDIVIDUAL EMPLOYEES OF SUCH BUSINESSES. Be it ordained by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. DEFINITIONS. (a) "Agent or employee" shall mean all persons employed by any business, corporation, partnership, or individual which is engaged in providing guard service, security patrol or protection. (b) "Employer" shall mean any business, corporation, partnership or individual which is engaged in the business of providing guard service, security patrol, or protection for consideration. Section 2. LICENSE REQUIRED. (a) It is unlawful for any person, firm or corporation to engage in the business of providing guard service, security patrol or protection for consideration within the City of Wheat Ridge, unless such person, firm or corporation shall have first obtained a license to do so from the City. (b) It is unlawful for any person, firm or corporation to employ any person who has not first obtained a license from the City. (c) It is unlawful for any person to be employed by any business which provides guard service, security patrol or protection for consideration, unless such person has first obtained a license from the City to act as agent or employee. Section 3. APPLICATION. All applicants for a ouard service or security patrol license, whether it be by employer, employee or business, shall file an application for such license with the City Clerk on forms to be provided by the Clerk. Each individual applicant, partner or partnership anL. r'ffl(ar', di ructu.r and hnlfie,r of` ten percent. m ll'B .,f thC) Corp_ Iate C tu, :'f' 8 :_i~:'pDI'8 LG dp 1 i_Ca rtt, dllf': aTsai Br]f..3 f3, la 1.1 13F- 1 amR, n F!ach a p p I cation form, and Bach nF them Seal r phr't nCy ra: - P.rI c3n1 fii^:I;~rpr_ntF1 fI !,hii i, 15 i,. . " ; _,.4 nli[.Ei Danartment; ann r=.ach r° n^ Shall f..irni-l h3-Pe Ir..i t.rr'S Of ::Marar-tel' refr'renr:e fI'nm '~3i oF-nt i.::f the C1+y or the =,urru_inhinl] metroiicititan area. :-~ectlon M1NIP9U'ul LMALl~ F ICr; T 10N. Each inciivi dual ap~.li cnn`: shah. er;tahiish and pass the fr;l.lowing minimum qualSfira`inr,- _~rl addition to such other requirements as may tP impo-ed by Ordinanco: (a; Each applicant must establish his/her workir;tj w,nowlerl=;e of firearm safety by takinq and pansinp tho police pistol. ccmbF ran 1e test. r,. minimum score of 21n out of a possible 3011 is rr:rluired. (t1- Fach applicant must he ?1 years o° age or 111der at the time of makinri applicr,ticn. (c% frny ,Jppl.irant may have the firearm portion-- of thi=, jection waived provided his application reflects that no weapon will be carried. ~cction 5. APPLICATION FEE. Each applicant, whether individual, partnership or cormrate, shall pay an application fee of fifty dollars at the time of filing of application. This fee shall be in addition to the annual fee. Section 6. MVESTIGAT.UIN. On receipt of a properly completed application, together with all data required in connection therewith, and Ii n,efpr-1. 1 and photographs, and the payment of the application fee, the L' ty Clerk shall refer the application to the ,ity Police Department for investiFjation of the background, character and financial responsibility,/ of each individual applicant, and of the partners of a cartnershie, the officers, directors and holders cf tPn percent or more of the mock of a corporation. The City Police Department shall furnish the results of such in- vesti~]ation to the CitV Mork, together with reccm-nendati-ns ;aitt re.- Sped to 4t-,e nranting or dental _f lir;ense, and reasons tnerF for. ORDINANCE NO. 227 Section 7. APPROVAL - DENIAL - SUSPENSION - REVOCATION. The Mayor shall, upon receipt of the application from the City Clerk with recommendations from the Police Department, either approve or deny the application and applicant. Denial shall be based on the same criteria as for suspension or revocation of any license or lack of qualifications. Existing license may be suspended or revoked by the Mayor after notice and hearing, if it appears that the individual applicant, or any partner of a partnership, or any officer or director of a corporation, or holder of ten percent or more of the stock of a corporation, is not of such character as to reasonably assure that the operations of the guard service or security patrol business will be conducted lawfully and in a manner which will not be detrimental to the public interest or well-being, or has been adjudged in any civil or criminal proceeding to have indulged in business or trade practices or activity prohibited by law, or convicted, of any felony or other offense involving moral turpitude. The fact that the individual applicant, partnership or corporation is not financially responsible may also be grounds for denial, suspension or revocation of a license. As used herein, "financially responsible" means having sufficient income and assets to defray expenses and provide for liabilities of the business on the basis of sound fiscal management, as well as provide for the payment of debts in a timely manner as the same accrue or become due. Any person, partnership or corporation having been found guilty of a violation of any of the provisions of this section may have his license suspended or revoked after notice and hearing. Such suspension or revocation shall be at the direction of the Mayor. Section B. UNIFORM RESTRICTIONS. No person, firm, partnership or corporation engaged in the business of providing guard service, security patrol or protection within the City of Wheat Ridge shall use or allow to be used by its employees any uniform or insignia designed to or likely to mislead the - 3 - ORDINANCE NO. 227 public in believing that such person, firm, partnership or corporation is a member of any police force. Section 9. TRANSFERABILITY. Licenses issued under this section shall be nontransferable. Section 10. EXPIRATION AND ANNUAL RENEWAL. Each license issued pursuant to this section shall be for the period of one year from the date of issuance, and application for renewal shall be made not less than thirty days prior to the expiration of the period for which the license is issued. When application for renewal is received in proper form, together with an application fee in the amount of twenty-five dollars, the City Clerk shall refer such renewal application to the City Police Department for investigation and recommen- dation. Investigation shall be made by the City Police Department and recommendation shall be made to the City Clerk unless the Police Chief in his discretion, deems an investigation unnecessary, and elects to recommend renewal without such investigation. Section 11. LICENSE FEE. (a) The annual license fee for carrying on the business of guard service or security patrol business shall be Three Hundred Dollars, payable to the City Clerk in advance of the issuance of any license or renewal license, and shall be non- refundable. (b) The annual license fee for an employee or agent of any guard service or security patrol business shall be Twenty- Five Dollars, payable to the City Clerk in advance of the issuance of any license or renewal license, and shall be non- refundable. Section 12. MAYOR'S APPROVAL REQUIRED. The Mayor shall have final authority to approve or deny any application or application for renewal, and to review any determination of the City Clerk made with respect thereto. The Mayor's decision shall be based upon the recommendation - 4 - ORDI[v ,NC NO. 2 2 7 of Y.h% i t.v PolI De7 artment, the rinil ng - Cif the, ,l y (,:_erk, an0 hit, r!eterminatinn of whether the anOIication has ma Lie a sufficient show- ;.net ni flOCI e'ha 73r+,o-"', {inan Cia]. rf"ipOn-J h11-1 ty, P,,neriertF, ~.~..;1'; ":nRra 1. `1. i9O,1°' to command the cnnfiCence of t.hQ -Dublic and tLi wa-3-ani, the ne- 1 F;f tha': hp liu°,~ne'-,.s will br: opF rated lawfully, hone-t Iv. fa' riv and ctian 13. BONGO kND IN5UPkNCE:. ;Any person .licen-iiin hereunder hail `urnL9 a r.;ud and uffir, r2nf honJ savable to thE: Ci.ty of ;heat :.dge i, the sum of One Thousand Goliars 000. DO' cundati.-ned Upon compliance with the laws of the City of Wheat Hidge and the `.:tats, of Colorado, and shall Further furnish proof of insurance Witi an insurance compar-; licenspd to Lin busint35s In the State of CGiorada, with t',e tul inr'a m..^d-r ui-" n;..i1. i. ii.-11`:3 I or COJeraga as a co-insured: (a) Motor Vehicle. Ondily injury liability by all licensees opera- ting a motor vehicle in the course of employ-,ent. hereunder: (L)10F~,000.C0 each person ^C1,000.00 each accident (h; Motor Vehicle. Property damage liability Dy all licenfeF; nper- ntiny a motor vehicle in the course of rmployment hereunder: (1) 'r; 75,000,.00 each occurrence (c) L:iabilit'a insurance coverage For acts done in the course of em- r;loyment hereunder, excluding motor vehicle liaU lity; (1) lp'1Ci0,000.00 such person ( - ) .a300,E)JCi.O0 each acci:~ent. 5ectien 14. PENALTY. Any person who shall violate any OF the prc- visions of this Ordinance f-,hall hi= quilt., of a violation Of this trdinance and shall be punished by a fine not to exceed `4300.00 ann/or 90 days .im- prisunment in the County jail. ,ection .1.5. The provisions of th n Ordinance arF:I nncesyary for the immediate preservation OF the public health, safety and welfare of the ,itizens of t:hr' City of vlheat idne, Colorado. Section 15. EFFE%TIVE DHTF. Thi±: Ordinan,-r- 51hnll take=, effect; thirty (.7.0% av` after pnbiicpt un followin final nansa':r:. TNTRODUCED, RE-f_'D, iAF)nPTFD oNn II~'DERCD PURLTSt e'n rN FTU.iT ~U'irgf E3Y S WITS t❑ 0 thi°; iday of January, J-J7'7 D o ,r='T__D NM) C1-DEREK:; I'LJOLi`~H~ D PN SECOND ;,Ntr FTiN i- Ni f7Y "MTE "r TO o tn7 24tn day Of January, 1971 RV THE [•1iW[)R of Ulnear `?idea, S_;n1.c~radn n i:~~e 25th day of Or~nuary 1.9?"1 C t '~C?'~~,~ F V IS S T 7 T E rj , n 0