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Home My WebLink AboutORDINANCE 0129-1967Afl ORO_[NAflC£ OF THF CITY OF KEfIAI, ALASKA, AME;IDII4G THE CODE ORDINANCES OF THE CITY OF KEfiAI, ALASKA, BY ADDING THERETO, CHAPTER 5, BUSIflESS ArID OCCUPATIOfi, ARTICLE 3, PRIVATE DETECTIVE AGEflCIES AflD HERCHAflT PATROL SYSTEMS Arid EMPLOYE~; ~ .... '- .... "k~ IT IS HEREBY ORDAINED BY THE CITY COUtICIL OF THE CITY OF KENAI, ALASKA, THAT THE CODE OF THE ORDIrlAr~CES OF THE CITY OF KEIIAI SHALL 8E CHAfiGED BY ADDIftG TiiERETO THE FOLLOWI~tG ~40RD OR WORDS: S££TIO~ 5-7. DEFINITIOgS. The words and phrases used herein, unless the context otherwise indicates, shall have the following meanings: (a) The words PRIVATE DETECTIVE BUSINESS shall mean and Include the business of, or the representation of being engaged tn the business of, making for hre or reward Investigation or investigations with reference to any of the following matters: (1) Oetecttng, d~scovering or revealing crime or criminais, or securing secret information or evidence relating thereto. (2) Otscovertng or revealing the Identity, whereabouts, charac- ter De actton~ of any person or persona, thing or things. (3} The habits, conduct, movements, whereabouts, associations, transactions, reputation, or character of any person, firm or corporation; (4) The credibility of witnesses or other persons; ($) The location or recovery of lost or stolen property; (6) The causes, origin or responsibility for ftres or accidents or Injuries to real or personal property; (7) The affiliation, connection or relatton of any person, firm or corporation with any union or non-union or§antzat~on, with any offtcatl member or representatlve thereof, or with any person or persons seeking employment tn the place of any person or persons who have qutt work by reason of strike; (8) The truth or ~alstty of any statement or representation; (9] The business of securtflg for hire or reward evidence to be used before authorized investigation committees, boards of award or arbitration, or tn the trial of ctvtl or crtmtnal cases. (b) The words MERCHANT PATROL SYSTEH shall mean and Include the business of furnishing for hire or reward, guards, or other persons to protect persons or property, prevent theft or un- lawful taking of goods, wares, a~d merchandise, or the mfs- appropriation or concealment of goods, wares and merchandise, money, bonds, stocks, choses tn action, notes or other valuab1~. documents or papers; or the business of performt~ the servtce of such guarY~or other person for any of s, d purpose~ Noth(~q in this ordinance ~hall apply to any officer or employee of the United States of America, the State of Alaska or political subdfviston of the State of Alaska, appointed or elected by due authority of law; to any person, firm or corporation whose business is the fur- nishtng information as to the business, finactal standings, credits of firms corporation; nor to any person, firm or corporation tnq~iring as to the personal habits and finan- cial responsibt|tty of applicants for insurance, indemnity, bonds or commercial credit, or of claimants under insurance policies. SECTION $-8 DETECTIVE AGENCY LICENSE FEE. Zt shall be unlawful for any person to engage in business as a detective agency without having first obtained and being the owner of a valtd and subsisting license so to do; to be known as a "de- tective agency license." The fee for said ltcense shall be and here- by is fixed in the sum of fifty dollars per annum. If the applicant is an association, firm or co-partnership, such application shall be signed personally by each person composing or intending to compose such association, firm or co-partnership. If the a ~ltcant is a corporation · Such application sba1 sworn to by all persons the same before some person authorized to administer oaths. SECTiO~ 5-9. SAME APPLICATION; BONO. (al Application for a detective agency license shall be made to the Kenat Police Oepartment on forms to be furnished by them for that purpose and each person signing the application must state his full na~e~ age, r~._iL~nce, present and previous ~ occupations and ~ddee~--~r~and nlm~o~ his present or former employers and shall give permission for a complete investi- gation of the applicant. (b) Each person signing the application must have already ob- tained or have contingent approval for a private detective license as provided for by this ~rttcle and said application shall be accompanied by a surety bond executed by the applicant or appli- cants with a surety company authorized to do business in the state in the principal sum of five thousand dollars ($5,000.00), conditioned that the licensee shall, and all his employees will, comply with all the requirements of this article insofar as they relate to the business of private detective or detective agencies SECTION 5-10 PRIVATE DETECTIVE LICENSE - FEE It shall be unlawful fnr any person, whether licensed as a detec- tive agency or not, to engage in the private detective business or to act, o~ engage in business as a private detective without first ob- taining a~d being the owner and holder of a valid and subsisting license so to do, to be known as a "private detective license'; the (2) Fa. for ~ which s ) be and is hereby fixed !~m~the sum of ftvu dellars per ann Such prtvat~ detective )l-~ns~ ~hai) carry the name of the detective agency by reason of which tho 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 partnership or officer of a corporation holding, or is employed by the holder of such dct.'.:ctivu agency ltcunse. SECTION $-11. SAME APPLICATIO[(; QUALIFICATIONS. Application for a private detective license shall be made to the Kenat Police Department on forms to be furnished by them for that purpose; sba1! be signed by the applicant and shall state his full name, age, residence, his present and former employers and shall give permission for a complete investigation of the applicant. Such application must be accompanied by a complete set of finger- prints and a photograph. ~o application shall be approved by the Kenat Police Oepartment unless the applicant is twenty one years of age or older, a citizen of these United States and of good moral character and reputation; nor shall the Kenai Police Oepart- merit be authorized to issue a ltcense to anyone who is addicted to the use of intoxicants or narcotics; has been convicted of a felony within tun years previous to the date of application or has been convicted at any time of a felony or misdemeanor Involving moral turpitude or assault with a deadly weapon or the use of or traff!~ in narcotic drugs or traffic in women for tmmoral purposes. SECTION 5-12. MERCHANT PATROL SYSTEM LICENSE - FEE. It shall be unlawful for any person to engage in business as a merchant patrol system without having first obtained and being the owner of a valid an~ ~ubststtng license so to do; to be known as a "merchant patrol system license." The fee for said license shall be and hereby is fixed in the sum of fifty dollars per annum. ~./~l)-~.~lf the applicant is an association, firm or co-partnership, such 'Such application sha11'i)~ sworn to.by all person-g~hT1i~ntng the same SECTION 5-13. APPLICATION BOND. (al Application for'a merchant patrol system license shall be made to the Kenat Police Department on forms to be furnished by them for that purpose and each person stgntng the application must state his full name, age, residence, present and previous occuPa- tions and address of and names of his present or former employers. (b) Each person signing the application must have already ob- tained or have contingent approval for a merchant patrol license as provided for by this article and said application shall be accompanied by a surety bond executed by thu applicant or appli- cants with a surety company authorized to do business in the state in the principal sum of five thousand dollars ($5,000.00), con~ dtttoned that the licensee shall and all his employees i will comply wtth all the requirements of this article insofar as they relate to the business of merchant patrol, SECTION 5-14. MERCHANT PRTROLHAH LICENSE - FEE. It shall be unlawful for any person, whether licensed as a murchent patrol system or not, to engage in thu merchant patrol system business or to act, or engage in business as a merchant patrolman without first obtaining and being the owner and holder of a valid and subsist:. tag license so to do, to be known as a "merchant patrolman license"; the fee for which shall bu and hereby fixed in the sim of five dollars per annum. Such merchant patrolman system by reason of which the mer- chant patrolman license is issued, and such person is possessed of, or is a member of a partnership or officer of a corporation holdind, or is employed by the holder of such merchant patrol system license. SECTION 5-15. APPLICATION; QUALIFICAT~OI~S. Application for a merchant patrom license sh:ll be made to the Kenat Police Oepartment on forms to be furnished by them for that purpose; shall be signed by the applicant and shall state his full name, age, residence, his present and previous occupations, and the addresses of names of his present and former employers and shall give permtsston~for complete investigation of the applicant. Such appli- cation must be accompanied by a complete set of fingerprints and photograph. No application shall be approved by the Kenai Police Oepartment unless the applicant is twenty one years of age or older, a citizen of the United States and of good moral charter and reputa- tion; nor shall the Kenat Police Department be authorized to issue a license to anyone who is addicted to the use of intoxicants or narcotics; has been convicted of a f¢lony within ten years previous to the date of application or has been convicted at any time of a felony or misdemeanor Involving moral turpitude or assualt with a deadly weapon or the use of or traffic in women for immoral purposes. )~S~CTION 5-16. DENIAL OF LICENS~__~~~FOR| [4~TTEN REQUIRED. 1~/ ] If, in the opinion of the Ken~ceL~ment, the applicant /J~! ~oes not meet the requ~,rements and qualifications established by /.~! ~hts ordinance (article), he ma,y, deny the issuance of either a , ~ ~¢emporary or a permanent license. I.~hen the Kenai Police Department ~ /shall refuse to issue either a temporary or permanent license, it shall be done in writing, stating briefly and concisely the reasons for such decision. SECTION 6-17. APPEAL FRO~ DENZAL. Any applicant desiring to appeal from the decision of the Kenai Police OepartmG~t in denying or revoking any license provided for by this ordinance (article) shall within ten days from receipt of the written decision above file with the City Hanaqer a written notice of appeal, stating the order or decision from which the appeal is taken. The City ~anager upon receipt of any such notice of appeal shall set the date of a public hearing before the City Council. The City ~anager shall, upon setting the date for the public hearing be- fore the City Counci~ ~ottfy the appellant and the representative of (4) the Kenai Poltc~ artment signing the lett~of denial, of thc 'time and place of such h~aring. Thc. notic~ of the time ~nd plac~ of hearing shall be given within ten days from the date of the hearing and not less than three days prior to the hearing. The Kenai Police Department upon notice of the public hearing shall file with the City Manager a statumeny setting forth sufficient infor- mation to apprise thc applicant of the factual basis for the de- cision for which appeal is taken. The City Manager shall upon de- mand of the Applicnnt deliver eric copy of said statement to the applicant. After thc public hunting hereinbefore required, the City Council shall h~ve the poser to modify, revoke, rescind, or affirm the order from which the appeal is taken, or may enter its own order as may be justified under the circumstances. SECTION 5-18. UNLRHFUL ACTS. It shall be unlawful for Any person, unless duly licensed so to do, pursuant to this ordinance (article), toengage in or to adwrttse or to hold himself out as a private detective or merchant patrolman, or represent himself as being engaged in th~ private detective or merchant patrol business. It shall b~ unlawful for any licensee under this ordinance (article) to assume to act as any officer of the law without proper ~uthority. SECTION 5-19. EI4ERGE~CY DECLARED: An emergency is hereby declared to exist end the rules governing the introduction of reading, p~ssage and approval of this ordinance are hereby suspended and this ordinance shall be effective tmmedi:. upon its passage. E~~-~ ~i~c~ar~ ~ day of December 1967. Passed ____~) ~day6f December 1967. Attest: / Fr'~nc'~)s T°l~kt~J S-~n, Icity ICler'k