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
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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
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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