HomeMy WebLinkAboutord1979-052I Date: July 19, 1979 Introduced By: Johnson
2 Proposed By: Sheri f f
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4 ORDINANCE N0, 79-52
5 AN ORDINANCE RELATING TO THE LICENSING OF PRIVATE GUARD, SECURITY,
INVESTIGATIVE AND DETECTIVE BUSINESSES AND REPEALING CONFLICTING ORDINANCES.
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7 WHEREAS, the business of private guard, security, investigative and
8 detective forces has been in the past, and continues to be, widespread and
9 important to the economy and well -being of the citizens of the County; and,
10 WHEREAS, in order to protect the citizens of the County from persons
11 who might use the security business as a cover for illegitimate activites, a
12 strict system of regulation and control is necessary; and,
13 WHEREAS, the County's ordinance regulating private detectives is
14 outmoded, and does not cover the activities of other types of security
15 businesses that require regulation; and,
16 WHEREAS, in order to impose the least burden on the businesses
17 regulated, while still achieving the goals of adequately regulating the
18 businesses, the County and Whatcom County are undertaking to impose
19 regulation systems that are similar in most respects; and,
20 WHEREAS, it is desirable to impose bonding and insurance requirements
21 on persons car,, firms entering into the security business as part of the
22 licensing scheme; NOW THEREFORE, BE IT ORDAINED AND ESTABLISHED AS FOLLOWS:
23 Section 1. Definitions. Unless the context requires otherwise, the
24 definitions in this section apply throughout this ordinance:
25 (a) "Armored Transport Agencies" provide armed personnel to convey
26 valuable articles for a fee.
27 (b) "Contract guard or patrol agencies" provide guards or patrolmen
28 for a fee.
29 (c) "Contract investigative agencies" provide investigative services
30 for a fee.
31 (d) "Credit investigation agencies and credit investigators" conduct
32 investigations to furnish information as to the business and financial
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1 standing and credit responsibility of persons.
2 (e) "In-house guard forces" provide private guard services exclusively
3 in connection with the affairs of the one business that employs them.
4 (f) "In-house investigative forces" provide private investigative
5 services exclusively in connection with the affairs of the one business that
6 employs them.
7 (g) "Private guards" are persons who by any means, including the
8 monitoring of intrusion alarms, protect persons or property from loss, or
9 criminal acts and include "guard dog services," "watchmen," "security
10 officers," "protective agents," "merchant guards," and "special officers."
11 (h) "Private /merchant patrolmen" perform the same functions as guards,
12 but do so at a number of different locations, access to which is
13 accomplished by means of travel on public rights -of -way.
14 (i) "Private investigators /detectives" conduct investigations for a
15 contract investigative agency, including undercover agents employed by
16 contract agencies, but excluding in -house investigative forces, credit
17 investigators, insurance investigators and adjusters.
18 (j) "Private investigation" includes investigations for the purpose of
19 obtaining information concerning:
20 (1) Crimes or wrongs;
21 (2) The . identity, habits, conduct, movements, whereabouts,
22 associations, transactions, credibility, reputation, employment
23 history, criminal records, or character of any person(s), group,
24 or business, for any purpose;
25 (3) The location of lost or stolen property;
26 (4) The causes and responsibility for fires, libel, slander, losses,
27 accidents or injuries;
28 (5) The whereabouts of missing persons.
29 (k) "Private security" includes all privately employed guards,
30 investigators, detectives, patrolmen, and any other personnel performing
31 similar security functions including the monitoring of intrusion alarms.
32 (1) "Sheriff" means the Sheriff of Whatcom County, or his delegate.
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Section 2. License Required- -Exceptions. No contract investigative
agency or contract guard or patrol agency shall- furnish private security
services, nor shall they advertise, or solicit the performance of such
services in the County without first receiving from the Sheriff Department a
license as provided in this ordinance; Provided, however; that any such
agency in business in the County on January 1, 1979, and in continuous
operation from that day to the effective date of this ordinance shall be
permitted to continue to provide such services for a period of three months
from the effective date of this Ordinance without a license. Thereafter all
such services operating within the County must be licensed. Registered
employees of licensees may engage in the solicitation of business for the
licensee without obtaining a solicitor's license.
Section 3. Exemptions.. The provisions of this ordinance shall not
apply to:
(a) An officer or employee of the United States of America, or of this
state or a political subdivision thereof, while the employee or officer is
engaged in the performance of official duties;
(b) Credit investigators;
(c) An attorney -at -law in performing his duties, and persons
performing investigations under this direct supervision;
(d) Insurers, agents,- and insurance brokers licensed by the state,
performing duties in connection with insurance transacted by them;
(e) Armored transport agencies;
(f) In -house guard forces; and,
(g) In-house investigative forces.
Section 4. Administering Department. . The Sheriff shall administer
this Ordinance.
Section 5. Inspections - Right of Entry.
(a) The Sheriff is hereby authorized to make such inspections as may
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be required to enforce the provisions of this Ordinance.
(b) Whenever necessary to make an inspection to enforce any of the
provisions of this Ordinance, or whenever the Sheriff has reasonable cause
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to believe that a licensee is operating in violation of this Ordinance, the
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Sheriff may enter such licensee's office at all reasonable times to inspect
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the same provided that (i) if the offices are occupied, the Sheriff shall
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first present proper credentials and demand entry; and (ii) if the offices
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are unoccupied, the Sheriff shall first make a reasonable effort to locate
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the licensee, or other person(s) having charge of the office and demand
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entry.
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(c) No person shall fail after proper demand, to admit the Sheriff,
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while he is acting within the scope of his employment, to the licensee's
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principal or branch office, or to interfere with the Sheriff while in the
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performance of his duty.
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Section 6. License - Application.
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(a) An application for a license hereunder shall 'be in the form
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prescribed by Sheriff. The Sheriff shall require, from all officers,
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partners, directors, or proprietors of applicants at least:
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(1) Full name and business address;
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(2) Name under which the applicant intends to do business;
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(3) A statement as to the general nature of the business;
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(4) Whether or not firearms or other weapons are to be used in the
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business;
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(5) A statement as to the classification under which the applicant
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desires to be licensed;
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(6) The title, full name and residence address of each;
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(7) Three recent photographs;
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(8) One or more classifiable sets of fingerprints;
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(9) A statement of experience qualifications;
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(10) Employment history for five years preceding the date of the
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application; and,
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(11) A list of arrests, convictions or confinements.
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(b) The applicant for a license, shall be eighteen years of age or
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older, and have two years experience in security work determined to be
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adequate by the Sheriff. In the case of an applicant other than an
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individual, application shall be made jointly in the name of the corporation
and the individual responsible fop activites.regulated by this Ordinance and
Upe license shall be personal to such individual, and such individual shall
meet all requirements of any other applican`. Security work determined to
be adequate shall include, but is not limited to, the following:
(3) Two years' active experience in security work while in the
military service;
(2) rwo years' active experience in public law enforcement;
(3) Successful completion of two years of college level study in yaw
enforcement, police science, criminology, or study of like nature;
(4) Successful completion of any other course of study approved by the
Sheriff;
(5) Two years' active experience as a registrant under the provisions
of this Ordinance; or
(6) Any combination of the above categories acceptable to the Sheriff.
(c) The applications shall be executed on the oath of the persons
making it that the contents are true.
Section 7. Procedures Required of Licensees. Licensees shall perform
private security services in such fashion that no interference with the
government law enforcement agencies will result. To this end, licensees
shall:
(1) Recommend to their customers that, in the event of a police
problem, the customer should first call their respective sheriff
department;
(2) If a customer calls about a law enforcement problem, instruct the
customer to call the sheriff department.
(3) Instruct its employees that, if a situation involving possible
sheriff interest is observed, the employee will immediately notify
the sheriff department;
(4) If any sign of unauthorized entry is noticed by an employee on
duty, instruct employees to immediately notify the sheriff
department.
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1 (5) Use all reasonable efforts to inform all persons acting on behalf
2 of the licensee of the provisions of this ordinance, and direct
3 them to comply therewith.
4 Section 8. Background Check. Each licensee and registrant will be
5 subject to a background check, conducted by the Sheriff Department, to
6 determine if he has a criminal history record, or other history of a
7 disqualifying nature.
8 Section 9. License - Scope and Classification.
9 (a) No person may engage in any private security operation outside the
10 scope of his license.
11 (b) The following license classifications are established:
12 (1) Class A: Covering private investigation.
13 (2) Class B: Covering the operation of contract guard or patrol
14 agencies and private /merchant problems.
15 (3) Class C: Covering the operations included within both Class A and
16 Class B.
17 Section 10. License - Fees. Fees for license under the provisions of
18 this ordinance are fixed as follows:
19 (a) Class A license - $150 per year;
20 (b) Class B license - 5 or more registrants - $150 per year;
21 4 or less registrants - $75 per year;
22 (c) Class C license - $250 per year.
23 Section 11. License - Denial. The Sheriff may deny a license of the
24 applicant, if an officer, director, partner or proprietor has:
25 (a) Committed any act constituting fraud;
26 (b) Committed any act, which, if committed by a licensee, would be a
27 ground for the suspension or revocation of a license under the provisions of
28 this ordinance;
29 .(c) Committed any act resulting in conviction of a felony or any crime
30 involving moral turpitude;
31 (d) A record, based upon reliable evidence, which leads to the
32 reasonable conclusion that the applicant is not competent to perform the
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duties and fulfill the responsibilities of a licensee under the provisions
of this ordinance;
(e) Been refused a license under the provisions of this ordinance or
had a license revoked; provided, however, that any applicant denied a
license under the provisions of this ordinance may reapply after six months
if the basis for denial no longer exists;
(f) Knowingly participated or acquiesced in the acts or conduct of any
person, for which that person was refused a license, or whose license was
revoked under the provisions of this ordinance;
(g) While unlicensed, commmitted or aided and abetted the commission
of any act for which a license is required under the provisions of this
ordinance;
(h) Failed to successfully complete the firearms test if required by
this ordinance; or
(i) Made any false statements in this application.
Section 12. Form of License. The license shall be in a form
prescribed by the Sheriff.
Section 13. Posting of License. The license shall at all times be
posted in a conspicuous place in the principal place of business of the
licensee.
Section 14. License - Transferability. A license issued under the
provisions of this ordinance shall apply to the locations stated therein
only and shall not be transferable to other locations or to any other person
other than those designated on the license; provided, however, that in the
event of death of the individual, partner(s) or officer(s), who satisfied
the requirements of this ordinance for obtaining the license, the surviving
spouse, partner(s) or officer(s) may operate under the existing license for
a period not to exceed ninety days, further provided, however, that, at the
end of this ninety day period, the surviving spouse, partner(s) or
officer(s) shall satisfy the requirements of obtaining a license.
Section 15. Chime of Address and New Officers. A licensee shall,
within fourteen days notify the Sheriff of any and all changes of: his
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1 business address, the name under which he does business, or any changes in
2 its officers, directors, or partners.
3 Applications on forms prescribed by the Sheriff shall be submitted by
4 all new officers or partners. The Sheriff may suspend or revoke a license
5 issued under the provisions of this ordinance if he determines that at the
6 time the person became an officer or partner of a licensee, grounds for
7 denial of a license existed.
8 Section 16. Licensee Responsible for Conduct of Employee.
9 A licensee shall at all times be legally responsible for the good
10 conduct of each employee while on duty.
11 Section 17. Emergency Equipment. It is unlawful for any licensee, or
12 his agents, to use. emergency equipment such as sirens or flashing red or
13 blue lights, on vehicles owned or operated by the licensee, except as
14 specifically authorized by the State of Washington or any of its political
15 subdivisions.
16 Section 18. Uniforms -_Approval Required. No license shall be issued
17 under the provisions of this Ordinance until approval is given by the
18 Sheriff of the uniforms and accouterments to be worn by registrants of the
19 licensee. The Sheriff shall not approve any uniform which bears a
20 significant resemblance to that of a public law enforcement agency of the
21 State of Washington.
22 Section 19. Divulgence of Information. Any licensee or officer,
23 director, partner, or employee of a licensee shall divulge to any law
24 enforcement officer or prosecuting attorney, any information he may acquire
25 as to a criminal offense; provided, however, that he shall not be required
26 to divulge to any person other than the above any information acquired by
27 him except at the direction of the employer or client for whom the
28 information was obtained.
29 Section 20. Advertisements - Solicitation of Business.
30 (a) Every advertisement by a licensee advertising business shall
31 contain at least the company name, and either the company's business address
32 or phone number, as they appear in the records of the Sheriff.
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T.
1 (b) Licensees, in their promotional literature and oral sales
2 presentations to members of the public, shall not claim any relationship or
3 affiliation with any official or semioffical law enforcement organization.
4 Such literature or sales presentation shall be accompanied by an accurate
5 and clear description of the services which the licensee does in fact offer
6 or provide.
7 (c) Solicitors performing oral sales presentations to members of the
3 public shall not carry weapons.
9 Section 21. Surety Bond Required.
10 (a) No license shall be issued under the provisions of this Ordinance
11 until the applicant files with the County Auditor a surety bond executed by
12 a surety company authorized to do business. in this state, or a guarantee
13 deposit, in the sum of ten thousand dollars ensuring that the applicant and
14 his employees shall faithfully comply with all the terms of this ordinance;
15 provided, however, that applicants requesting a Class B license, who employ
16 four or less registrants, shall be permitted to file a five thousand dollar
17 surety bond or guarantee deposit.
18 (b) The bond or guarantee deposit required by this ordinance shall be
19 made payable to County or anyone injured by the licensee or its employees
20 violating this ordinance; and the County or third parties shall have the
21 right and shall be permitted to sue directly upon the obligation in their
22 own names, and the obligation shall be subject to successive suits for
23 recovery until complete exhaustion of the face amount thereof. Upon suit on
24'' the bond or deposit, the licensee shall be required to submit another like
25 bond or deposit to the County.
26 Section 22. Insurance Coverage Required.
27 (a) No license shall be issued under the provisions of this Ordinance
23 unless the applicant files with the County certificate of insurance naming
29 the County as an additional insured.
30 (b) Minimum coverage is fixed as follows:
31 Bodily injury - $100,000 per person; $300,000 per incident; and,
32 Propertydamage - one hundred thousand ($100,000) dollars.
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1 Section 23. Bond and Insurance - License suspension or Denial for
2 II Failure to File - Bonds and Insurance Submitted to other Government.
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(a)
Every licensee shall at all times maintain on file with the County
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Auditor the surety bond and insurance required by this chapter in full force
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and effect and upon failure to do so, the license of such licensee shall be
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suspended
and shall not be reinstated until this requirement is met.
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(b)
Bonds and insurance required by this ordinance may be the same
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instruments used to qualify for a license in another jurisdiction, as long
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as all other requirements are met.
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Section 24. Registration of Employees.
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(a)
Every employee of a licensee shall be registered with the Sheriff,
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and shall
be subject to a background check.
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(b)
The application for registration under the provisions of this
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ordinance
shall be on a form prescribed by the Sheriff and shall include at
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least:
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(1)
Address, telephone number, date of birth, and place of birth;
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(2)
A listing of any and all aliases used;
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(3)
The name and address of the licensee and the date the employment
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commenced;
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(4)
A letter from the licensee requesting that the employee be
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registered under this license;
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(5)
The title of the position occupied by the employee and a
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description of his duties;
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(6)
Whether or not a firearm or other weapon is to be used by the
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employee in connection with his duties as a registrant;
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(7)
Two recent photographs of the employee, of a type specified by the
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Sheriff, and a classifiable set of fingerprints; and
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(8)
Employment history for five years preceding the date of the
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application.
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(c)
The Sheriff may issue a 90 -day temporary registration while
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background checks are being conducted.
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(d)
The application for registration shall be executed on the oath of
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the person making it that the contets are true.
Section 25. Licensees and Registrants - Knowledge and Ability
to Use Firearms.
(a) An applicant for a license or registration who uses a fire-
arm in connection with employment under the provisions of this
Ordinance shall be tested by the Sheriff in order to determine
that such applicant has sufficient knowledge and ability to use a
firearm in a competent and safe manner. The content of such test
shall be determined by the Sheriff.
(b) Possession of a license or registration shall not authorize
the holder to carry a concealed weapon.
Section 26. Registration - Denial, Suspension or Revocation.
The Sheriff may refuse to register any employee if the individua
has committed any act which, if committed by a licensee, would be a
ground for refusing to issue a license, or for the suspension of a
licnese.
Section 27. Registration - Issuance.
Upon Completion of registration the Sheriff shall issue to the
employee a registration card, which shall be kept on file by the
registrant's employer. The registration card shall remain the
property of ;the Sheriff, and shall be surrendered on suspension,
revocation, or termination of employment.
Section 28. Registration - Fee.
The registration fee for employees of a license is fixed as
follows: $50 for the first year; however, those employees who have
previously registered with the City of Bellingham shall pay a $5
registration fee upon providing a written waiver as to any back-
ground information retained in the City files; $5 for annual
renewal thereof.
Section 29. Additional Policies.
The Sheriff is hereby autorized to make and enforce policies
not inconsistent with the provisions of this Ordinance, and it
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1 shall be unlawful to violate or fail to comply with any of said
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policies. All of such policies as promulgated by the Sheriff
shall be reduced to writing and mailed to each licensee for his
information and for distribution to his employees, and shall. be
made a part of the Sheriff's policies and procedures manual.
Section 30. Revocation or Suspension of License or Registration
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(a)
The Sheriff may suspend or revoke a license or registration
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issued
under the provisions of this ordinance if he determines
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that the licensee or registrant has:
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(1)
Made any false statement or given any false information in
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connection with an application, renewal, or reinstatement
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of a license or registration;
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(2)
Violated any of the provisions of this ordinance;
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(3)
Been convicted of a felony or any crime involving moral
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turpitude;
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(4)
Illegally used, carried or possessed a dangerous weapon;
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(5)
violated any policy of the Sheriff adopted pursuant to the
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authority granted by this ordinance;
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(6)
Committed, or permitted any employee to commit, any act,
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while the license was expired, which would be cause for the
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suspension or revocation of a license or registration, or
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which would be grounds for the denial of an application for
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a license or registration;
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(7)
Knowingly violated, or advised, encouraged, or assisted
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the violation of any court order or injunction in the
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course of business;
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(8)
Acted as a runner or capper for any attorney; or
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(9)
Committed any act which is a ground for denial of an
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application for a license or registration under the
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provisions of this ordinance.
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(b)
The Sheriff may suspend or revoke a license issued under
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the provisions
of this ordinance if he determines that the licensee
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knowingly employed, or knowingly has in his employment any person
who.
(1) Has committed any act which, if committed by a licensee,
would be grounds for suspension or revocation of a license
under the provisions of this ordinance;
(2) Has been convicted of a felony or any crime involving
moral turpitude;
(3) Has a record, based upon reliable evidence, which leads to
the reasonable conclusion that the applicant is not
compentent to perform the duties and fulfill the
responsibilities of a registrant under the provisions of
this ordinance; or
(4) Does not possess a valid registration card issued under
the provisions of this ordinance.
(c) Ther Sheriff may suspend or revoke a license or regi.stratio
issued under the provisions of this ordinance if he determines that
the licensee has committed or used any unfair or deceptive acts in
the course of the licensee's business.
(d) Suspension or revocation of a license or registration issue
under the provisions of this ordinance shall take effect only after
the expiration of the period in which an appeal thereof may be
filed.
(e) In cases of suspension, the license or registration shall be
reinstated upon compliance with the violated provision of this
ordinance or upon passage of the period of suspension fixed by the
Sheriff.
(f) In cases of revocation, the license or registration shall.
be cancelled; provided, however, such revocation for violation of
any of the provisions of this ordinance shall not relieve the
licensee or registrant of the penalties otherwise provided for in
this ordinance.
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Section 31. Notice and Order
(a) Ther Sheriff shall issue a notice and order to any person
the Sheriff has determined to be in violation of any provision of
this ordinance. The notice and order shall contain:
(1) The street address when available and a description
sufficient for identification of the premises, upon which
the violation occurred;
(2) A statement that the Sheriff has found the conduct of the
licensee or registrant to be in violation of this Ordinance
with a brief and concise description of the conditions
found to render such licensee or registrant in violation
of this Ordinance;
(3) A statement of any action required to be taken as determine
by the Sheriff;
(4) A statement of any action taken or contemplated by the
Sheriff; and
(5) Statements advising (i) that the licensee or registrant
may appeal from the notice and order of any action of the
Sheriff to the County Council Public Safety Committee,
provided the appeal is made as provided in this ordinance;
and (ii) that failure to appeal will constitute a waiver of
all right to an administrative hearing and determination
of the matter.
(b) The notice and order, and any amended or supplemental notic
and order, shall be served upon the licensee or registrant either
personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested to the
licensee or registrant at his address as it appears on the license
or registration. Service by certified mail in the manner herein
provided shall be effective on the date of mailing.
(c) Proof of personal service of the notice and order shall be
made at the time of service by a written declaration under penalty
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