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HomeMy WebLinkAboutORD 2098• K OR1GWAt ORDINANCE NO. 20 AN ORDINANCE OF THE CITY OF RENTON, FASHINGTON RELATING TO AND PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE DETECTIV, BUSiESSES, DETECTI a. A N IES, MERCHANT PATROL AENCIES, PRIVATE DETECTIVES AND MERCHANT PATROLMEN AS HEREIN DEFINED, FIXING LICENSE FEES THEREFOR, DEFINING OFFENSES, PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I: Definitions: The words and phrases used herein, unless the context otherwise indicates shall have the following meanings: a) The words "private detective business" or "private detective agency" shall mean and inelude the business of, or the representation of being engaged in the business of, making for hire or reward investigation or investigations with reference too any of the following matters: 1. Detecting, discovering or revealing crime or criminals, or securing secret information or evidence relating thereto; 2. Discovering or revealing the identity, whereabouts, character or actions of any person or persons, thing or things; 3. The habits, conduct, movements, whereabouts, associations, transactions, reputations or character of any person. 4. The :credibility of witness,.es. ,.or .other persons; 5. The location or recovery of lost or stolen property; 6. The causes, origin or responsibility for fires or accidents or injuries to real or personal property; 7. The affiliation, connection or relation of any person with any union or non-union organization, with any official member or re- presentative thereof, or with any person or persons seeking employ- ment in the place of any person or persons who have quit work by reason of any strike; 8. The truth of falsity of any statement or representation; 9. The business of securing for hire or reward evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases; b) The words "private detective" shall mean and include any natural person of either sex who engages in, or advertises or holds himself out as being engaged in the private detective business or private detective agency as agent or employee of a duly licensed business or such agency. c) The words "detective agency" shall mean and include any person who as principal or employer engaged in or who advertises or holds himself out as being engaged in the private detective business. d) The words "merchant patrol business" shall mean and include the business of, or the representation of being engaged in the business of, guarding or protect- ing the persons or other persons' property, or patrolling streets, districts or -1- 0 s territory for such purpose,•for hire or reward, as a business, and as an independent contractor. e) The words "merchant patrol agency" shall mean and include any person who as principal or employer engages in or who advertises or holds himself out as being engaged in the merchant patrol business, mean f) The words "merchant patrolman" shall/and include any natural person of either sex who engages in, or who advertises or holds himself out as being engaged in the merchant patrol business as agent or employee of a duly licensed merchant patrol agency. SECTION II: Detective Agency,..Merchant."Patrol Agency License; Fee: It shall be unlawful for any person to engage in business as a detective agency or merchant patrol agency in the City of Renton without first having obtained and being the owner of a valid, subsisting license so to do, to be known as a "Detective Agency License" or a "Merchant Patrol Agency License" respectively, which license must be otained in the following manner: PROVIDED that a "Private Detective License" shall, without the payment of any fee therefor, be issued to an individual or to one member of a partnership or firm or to one officer of a corporation holding a "Detective Agency License" or employed by the holder of a "Detective Agency �_.,�nse"; there shall be designated the number of the detective agency license by reason of which the 'Private Detective License" is issued, and such license shall be in force and effect only as long as such person is possessed of, or is a member of a partnership or officer of a corporation holding, or is employed by the holder of 'such."Qetect.ve Agency• License". The applicant for any such license shall comply with the following requirements: a) Furnish full information in writing unto the City Clerk concerning the ownership of said detective agency, or merchant patrol agency, its trade name, location, and the names and addresses of all owners or parties having any interest in such business. b) Such applicant shall file with the City Clerk, at the time of such application, a bond in favor of the City of Renton., issued by a surety company authorized to do business in the State of Washington in a penal sum of Two Thousand Dollars ($2,000.00), which bond shall be conditioned on the licensee's full and faithful compliance with all the requirements of this Ordinance insofar as they relate to the busi- ness of detective or detective agency or merchant patrol agency. C`.ich..bond sholl.be.hubmitted; prior to the issuance of such license, to the City Attorney for his approval. c) The applicant for either such agency license shall pay unto the City of Renton, at the time such application is filed, the sum of Twenty - Five Dollars ($25.00). Therliceiibe.fee for a Merchant Patrol Agency License or a Detective Agency license shall be and the same is hereby fixed and established in the sum of Twenty - Five Dollars ($25.00) per annum, and such license to be on a calendar basis, payable -2- V in advance to the City of -Renton SECTION III: Merchant Patrol Licetiae,.Pr.ivate Detective. License: It sHall be unlawful for any person, whether licensed as a Merchant Patrol Agency or Detective Agency, or not, to engage in the private detective or merchant patrol business or to act or engage in business as a private detective or merchant patrolman without. first obtaining and being the owner and holder of a valid and subsisting licehse so to do, to be known as a "Merchant Patrol License" or "Private Detective License' the fee for which shall be and same is hereby fixed and established in the sum of Five Dollars ($5.00) per annum, based on the calendar year, payable in advance unto the City of Renton. SECTION IV: Application for Licenses: Applications for a'Private Detective License;"Private Detective Agency License;'Merchant Patrol Agency License"or"Mer- chant Patrolman License"shall be made unto the City Clerk on forms to be furnished by him for that purpose, shall be signed and verified by the applicant, and shall state, among others, the following: a) His full name, age and residence b) His present and previous occupations for at least five (5) years last past, and the address of the place of business and the name of his employer. Each application for <;cli 'such license -shall - be accompanied by a complete set of ints of the applicant and also by two recent duplicate photographs of the applicant of the size to be determined by the Chief of Police. One photograph shall be retained in the records of the Renton Police Department and the other attached to the license in such manner that it cannot be removed and another photo- graph substituted therefor without detection. Upon presentation of an application for any such license, and before acting upon same, the City Clerk shall request the Chief of Police to make a full investigation as to the truth of the statements and contained therein/as to any and all other matters which might tend to aid the City 4n determining whether or not the license shall be granted. The Chief of Police shall furnish a written report to the City Cleric containing the results of his investigation and his recommendations as to the granting or refusal of said license; PROVIDED H9,7EVER, that no"Private Detective License" or "Merchant Patrol- mnn License" shall be issued to a person not an employee of a duly licensed Private ,tective Agency or riierchant Patrol Agency, which such license must have been issued by the City of Renton. Do Felony Conviction: SECTION V:`Pali license, as specified in this Ordinance, shall be granted to any person who within ten (10) years last past of the date of application for such license has been convicted of any felony. Non -disclosure: SECTIC'N VI! It shall e unlaxaful for any person who is or has been an s 9 employee of a detective agency to disclose or divulge to any person, other than his employer or except as his employer may direct and except as may be required by law, any information acquired by him during such employment with respect to any of the work to which he, or any other employee of such agency, shall have been assigned by such agency, or with respect to any of the work, business or affairs of such agency. Exception: SECTION VII: Vothi.ng in this Ordinance requiring licensing shall apply to any officer or employee of any State, County, City or Town, or any Federal official, whether appointive or elected by due authority of law nor 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 nor to any person, firm or corporation, inquiring into the personal habits and financial responsibility of applicants for insurance, indemnity bonds or commercial credit or of claimants or applicants under or pursuant to policies of insurance, and/or the investigation of losses, if any, covered thereunder, Unlawful Acts against Person or Property: SECTION VIII: it sng i De uniawrui for anyicensee unser this Ordinance 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 discontent or dissatisfaction among the employees of any person, firm or corporatio:_ with the intention of having them strike, or to send letters or literature to em- ployers offering to eliminate labor unions, or for any person to falsely state or represent that he is or has been a private detective or employed by a detective agency, or for any licensee hereunder or employee thereof to assume to act as an officer of the law without proper authority. SECTION IX: Suspension or Revocation of License: If after issuance of a license as hereinabove specified, the City shall find and determine that any person licensed hereunder has been convicted of a criminal violation of Federal, State of Municipal law, and that such conviction established that such licensee is no lona-. of good, moral character and reputation, then the Chief of Police shall make a written report thereof unto the -City Council outlining the circumstances surround- ing such matter and the Chief of Police shall make recommendations to the City Council regarding the suspension or revocation of the license heretofore issued to such person. After considering said report and before suspending or revoking any such license, the City Council shall order a hearing thereof and shall notify the licensee of the date of said hearing and of the subject matter and such notice shall be at least ten (10) days prior to the date fixed for said hearing; said -4- notice shall require the licensee to show cause, if any he have, why such license shall not be suspended or revoked. In case of such revocation of license, -the -,same shall be surrendered. to the Chief oft.Police and`.caficelled by the City-. Clerk but in case of suspension of such license, the same shall be surrendered unto the City Clerk and shall be returned to the licensee upon termination of the period of sus- pension. SECTION 7K: Surrender of License Upon Termination of Business/Employment; Upon termination of employment of any private detective or merchant patrolman, it shall be the duty of said licensee to surrender his license immediately unto the City Clerk and failure to do so shall constitute a violation of this Ordinance. Upon termination of the business of a Private Detective Agency or Merchant Patrol Agency, it shall be the duty of the licensee to immediately surrender said license unto the City Clerk and failure to do so shall constitute a violation of this Ordinance. SECTION ):I: Penalty_ Any person violating or failing to comply with any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding Five Hundred Dollars ($500,00), or by imprisonment in the City Jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. SECTION X 11 II: Constitutionality: That if any section, provision or part thereof in this Ordinance shall be adjudged to be invalid or unconstitutional., such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or any part thereof not so adjudged invalid or unconstitu- tional. SECTION XIII: Ordinance No.. 1466, also known as Chapter 7 of Title- V (Business Regulations) of Ordinance No. 1620 and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION XIV: This Ordinance shall be in full force and effect from and after its passage, approval and legal publication, as provided by law. PASSED BY THE CITY COUNCIL this C/ of June, 1964. Helmie Nelson, City Cl rk APPROVED BY THE MAYOR this 9.�G6:day of June 1964. Donald T.1, Custer, Mayor APPROVED AS TO FORM.- Gerard ORM: —5— Date of Publication:�% �. Gerard ^i. Shallan, City Attorney