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8.1 Merchant Security Services CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/17/03 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 8 POLICE DEPARTMENT ITEM NO. Page 1 1 & 1a BY: Chief James Hill BY: ITEM: 8.1 Ordinance 03-10174, amending Chapter 30, Article II of the Salina Municipal Code regarding merchant police service, by updating language, changing and clarifying certain words and phrases, adding provisions which provide for the issuance of a conditional merchant security guard permit. 8.1 a Resolution 03-6008 amending the comprehensive fee schedule as it pertains to merchant security service licenses and merchant security guard permits. BACKGROUND: The need to approve applications from citizens desiring to work for a licensed security service in a timely manner led to the review and proposed amendment of Chapter 30, Article II. Currently, it may take up to two months for the Kansas Bureau of Investigation (KBI) to return a merchant security service applicant's criminal background check. This places an undue hardship on the applicant and the security business desiring to employ the applicant. The following excerpt from a recent letter to the city manager, authored by the branch manager of a security service, reveals the frustration this delay causes: "My suggestion is to issue a temporary permit...1 think this change would benefit the City of Salina as citizens could be employed quicker. It would also benefit my Company, as it is very hard to string a new hire along for two months." The proposed amendments to Chapter 30, Article II, would enable the city clerk to issue a conditional permit, good for up to 90 days, provided the applicant passes a local background investigation conducted by the police department. This conditional permit would be either approved or disapproved within five business days after the city clerk has received a completed application. Upon receipt, results of the KBI criminal background check would provide information necessary to approve or deny issuance of a regular permit. Wichita and Topeka both issue temporary permits pending receipt of the KBI background check, and neither city has experienced problems in doing so. As the majority of sections contained in Article II of Chapter 30 date to 1966, all sections were reviewed and updated as necessary. Outdated provisions and/or redundant language found elsewhere in municipal code were eliminated and certain phrases and words were changed and clarified. The substantive changes recommended for your consideration include the provision for the issuance of a conditional merchant security guard permit, and the addition of a penalty provision for violations of Article II. Resolution Number 03-6008 also provides for an increase in the licensing and permit fees to better reflect the administrative costs incurred in their issuance, from $55 to $150 for a merchant security service, and from $25 to $50 for a merchant security guard. These fees would be effective January 1, 2004. Proposed Ordinance Number 03-10174 has been reviewed and approved by the City Attorney. RECOMMENDATION: Pass Ordinance Number 03-10174 on first reading. Adopt Resolution 03-6008. Sec. 30-16. Definitions. The following words and phrases, when used in this article, shall have the meaning, unless the context clearly indicates a different meaning, respectively ascribed to them as follows: (1) License shall mean a certificate granting permission for a person to operate a merchant police securitv service. (2) Merchant ~ securitv service shall mean any person engaged for hire in the business of guarding, watching, patrolling or otherwise attempting to provide security for the real or personal property of another person; provided, however, that a bona fide employee of a person or firm shall not be considered as engaged in a security business. (3) Merchant po¡';cemon securitv Guard shall mean any individual who is employed by a merchant f3OOGe security service to guard, watch, patrol or otherwise attempt to provide security for the real or personal property of another person. (4) Permit shall mean a certificate granting permission for an individual who is employed by a merchant f3OOGe security service to operate as a merchant policem3n security quard. For purposes of this article. those provisions applicable to licenses under Chapter 20 shall likewise apply to a permit. (Code 1966, § 28-48) Cross-references: Definitions and rules of construction generally, § 1-2. Sec. 30-17. Uniforms and badaes. Uniforms and badges, if any, worn by agents or employees of merchant f3OOGe security service licensees while employed within the city, will be of a æief different color and desiqn from those worn by officers of the police department. (Code 1966, § 28-59) Sec. 30-18. Marking of vehicles. No vehicle used by a merchant f3OOGe security service or merchant policem3n security guard while performing the duties for which he is licensed or for which he has obtained a permit under this article shall be painted with the same color scheme or marked with identifying insignia similar in color or design to those used by the police department. of the city or 3ny other government3113'N enforcement 3gency. (Code 1966, § 28-66; Ord. No. 91-9448, § 1,6-17-91) State law references: Vehicle to be registered in the state, K.SA 12-1679. Sec. 30-19. Reserved. Editor's note: Sections 2, 3 of Ord. No. 91-9448, adopted June 17, 1991, repealed § 30-19 which pertained to radio equipment in vehicles and derived from the Code of 1966, § 28-67. Sec. 30-20. Use of red or blue lights and sirens prohibited. Any vehicle used by a merchant f3OOGe security service or merchant policem::m security guard while performing the duties for which he is licensed, or for which he has obtained a permit under this article shall not operate any flashing red or blue lights or sirens, if any, equipped on the vehicle within the city. (Code 1966, § 28-68) Sec. 30-21. Reserved. Editor's note: Sections 2, 3 of Ord. No. 91-9448, adopted June 17, 1991, repealed § 30-21 which pertained to right to carry concealed firearms and derived from the Code of 1966, § 2$-60. Sec. 30-22. Change in personnel. (a) Whenever an agent or employee of a merchant police security service is dicch:::¡rged, or rocignc no lonaer employed, for any reason, his former employer shall immediately notify the city clerk of cuch faet in writing. The city clerk shall forward a copy of the notification to the chief of police. The employer sh:::¡11 notify the police dep:::¡rtment of the ro:::¡sons for dismiss:::¡I, or rosign:::¡tion, :::¡nd such inform:::¡tion sh:::¡11 be kept confidenti:::¡1. (b) Whenever an agent or employee of a merchant f3OOGe security service is dismissed, or resigns no lonaer employed, he shall forthwith surrender his permit and his identification card issued to him to his former employer which shall forward the same to the chief of police city clerk. In the event the person surrendering the permit and identification card is reemployed during the remainder of the calendar year, the identification card and permit may be reissued to him without charge. (Code 1966, § 28-62) Sec. 30-23. Reserved. Editor's note: Sections 2, 3, of Ord. No. 91-9448, adopted June 17, 1991, repealed § 30-23 which pertained to reporting change of vehicles and derived from the Code of 1966, § 28-63. Sec. 30-24. Change of business address. Any licenceD merchant security service changing place of business or :::¡bode shall immediately notify the city clerk of such fact, together with the new address of the new place of business. or :::¡bode. The city clerk shall forward a copy of the notification to the chief of police. (Code 1966, § 28-64) Sec. 30-25. Unlawful acts. (a) It shall be unlawful for any merchant security licensee or merchant security guard permittee to: (1 ) Hinder or interfere with any investigation under the jurisdiction of the police department; (2) Fail to report immediately to the police department violations of city, state or federal laws which constitute felonies or breach of peace coming to his attention; provided, this section shall not apply to those violations coming to the attention of the licensee or permittee while on his client's business for which the client does not wish to pursue; (3) Dr:::¡'N or dicch:::¡rge :::¡ firo:::¡rm in the perform:::¡nce of hic dutiec except 'Nhen nececc:::¡ry to protect himcelf or comeone oleo from gro:::¡t bodily h:::¡rm; (4) Fail to notify the police department of any arrests and fail to turn such person over to the police department; provided, the licensee or permittee, upon refusal te of the police department to take custody of the subject, may turn the individual over to any law enforcement agency having legal jurisdiction; (5) Represent himself to be a member of the police department; (6) Willfully suppress facts that pertain to any violation of city, state or federal law. (b) No licensee or employee of a licensee shall have any areater authority to arrest than would another private citizen. Nothing in this article shall be construed to mean that a licensee or an employee of a licensee may conduct criminal investiaations. make arrests. use force. or take any other action on behalf of. under color of laws of. or under the authority of the city. (Code 1966, § 28-61) Secs.30-26--30-35. Reserved. Sec. 30-36. Required. (a) No person shall provide or engage in a business which provides merchant polico security service within the city unless such person shall possess a valid license from the city to engage in such business. (b) No individual shall perform any service within the city as a merchant policom~n security auard unless such individual shall have in his possession a valid permit from the city to perform such service. (Code 1966, § 28-49) Sec. 30-37. In addition to other licenses or permits. This article is intended to be in addition to all other licenses and permits, or other law enforcement authority vested in persons by the state, county or the city and it shall not be a defense to the failure to secure a license or permit that the person had such other authority. (Code 1966, § 28-56) Sec. 30-38. License and/or permit application. Íêl Any person desiring to obtain a merchant f3OOGe security service license or merchant security auard permit shall submit to the city clerk, in writing on a form approved bv the city manaaer and provided by the city clerk, cont~ining tho follo'l:ing all required information. In addition. the applicant may be required to provide other pertinent information as the city manaaer or chief of police may reasonably deem necessarv. An application is considered complete when all materials necessarv to make a determination on the application have been received. (1) N~mo, ~ddrocc, d~to of birth ~nd cocbl cocurity number of porcon th~t 'Nill ong~go in providing cuch morch~nt polico cocurity corvico; (2) N~mo, ~ddrocc, d~to of birth ~nd coci~1 cocurity number of ~II officorc, diroctorc ~nd other porconc ~ctivo in tho m~n~gomont of tho bucinocc entity which 'Nill provide cuch morch~nt polico corvico; (3) ^ doccription of ~II vohicloc to bo ucod in providing cuch corvico, including tho vohiclo registr~tion numbers thereof; (1) ^ doccription of tho n~ture ~nd typo of bucinocc to bo conductod; (5) Tho cor-vice to bo offered, ~nd tho ~re~ oxpoctod to bo co'o'ored in tho conduct of tho bucinocc; (6) ^ ct~tomont of tho number of porconc to bo employed by tho corvico; (7) A doscription of ~II 'J'Jo~pons registered to tho ~pplic~nt; (8) VVith recpoct to o~ch porcon ~ctivo in tho d~y to d~y m~n~gomont of tho morch~nt polico eor'o'ico, one recant photogr~ph, hie fingorprinte, ~nd hietory of hie employment for tho fi'o'o (5) yo~re immodi~toly preceding tho d~to of thie ~pplic~tion; (9) /\ ct~tomont ~c to 'shothor or not tho ~pplic~nt h~c boon convictod of ~ny felony, micdomo~nor, or ordin~nco viobtion, tho n~ture of tho offonco, tho pon~lty or punichmont impocod, ~nd tho d~to ~nd pl~co 'Nhore cuch offonco occurred; (10) ^ et~tomont ~e to ':hothor or not tho ~pplic~nt h~e o'o'or h~d ~ judgment or conviction for fr~ud, docoit, or micreprecont~tion entered ~g~inct him, ~nd if co, tho dot~ilc thereof; (11) Such other inform~tion ~s tho chiof of polico m~y re~son~bly doom nocoss~ry. .í.Ql No permit shall be issued to any person to perform security service as a merchant policom~n security guard unless application therefor has been approved by the employer who is the holder of a valid merchant f3OOGe security service license. (Code 1966, § 28-50, § 28-51 ) Sec. 30-39. Permit application. Conditional permit. (~) Any parson desiring to obt~in ~ morch~nt polico permit sh~1I submit to tho city clark, in writing on ~ form provided by c~id city clorl<:, tho follo'sing inform~tion: (1 ) I'bmo, ~ddress, d~to of birth ~nd soci31 socurity number; (2) One recant photogr~ph, hic fingorprintc, ~nd ~ hictory of hic recidonco ~nd employment for tho five (5) yo~rc immodi3toly preceding tho d~to of thic ~pplic~tion; (3) Tho n~mo ~nd ~ddrecc of tho comp~ny, corpor~tion, firm or porcon by ,..:hom ~pplic~nt will bo employed; (1) If tho ~pplic~nt will uco hic own vohiclo in tho courco of ~cting ~c ~ morch~nt policom~n, ~ doccription of cuch vohiclo including tho vohiclo regictr~tion number thereof; (5) /\ doccription of ~II wo~ponc regictored to tho ~pplic~nt; (6) ^ ct~tomont ~c to whether or not tho ~pplic~nt h~c over boon convictod of ~ny felony, miedomo~nor or ordin~nco 'o'iobtion, tho n~ture of tho offence, tho pon~lty or puniehmont impocod, ~nd tho d~to ~nd pl~co whore cuch offonco occurred; (7) (8) .^. st3tomont 3S to 'J'lhothor or not tho 3pplic3nt h3s over h3d 3 judgment or conviction for fr3ud, docoit of micreprecont3tion entered 3g3inct him, 3nd if co, tho dot3ilc thereof; Such other inform3tion 3C tho chiof of polico m3Y re3con3bly doom nococc3ry. (b) No permit eh311 bo ieeuod to 3ny poreon to perform eocurity cor-vice 3e 3 morch3nt policom3n unlocc 3pplic3tion therefor h3c boon 3pprovod by tho employer 'Nho ic tho holder of 3 V3lid morch3nt polico corvico liconco. (Codo 1966, § 28 51) A conditional permit. qood for UP to ninety (90) days. may be issued pendinq receipt of the Kansas Bureau of Investiqation criminal backqround check. The oriqinal application for a permit shall be reviewed bv the chief of police. a local backqround check conducted. and a determination made to issue a temporary permit. within five (5) business days after a complete application has been received. An individual meetinq the requirements of Sec. 30-40 may be issued a conditional permit. Results of the Kansas Bureau of Investiqation check may be qrounds to revoke a conditional permit and deny a reqular permit. Sec. 30-40. Approval or disapproval of applications. (3) Evory 3pplic3tion for 3 liconco or 3 permit ch311 bo cubmiUod to tho chiof of polico for 3pprov31 or dic3pprov31 3nd no 3pplic3nt ch311 receive 3 liconco or permit unlocc hic 3pplic3tion ic 3pprovod. (b) Tho chiof of polico m3Y dis3pprovo 3n 3pplic3tion for 3 morch3nt polico permit if ho finds th3t tho 3pplic3nt: (1 ) (2) Ie lace th3n eighteen (18) yo3re of 3g0; Ic not of good mor31 ch3r3ctor; (3) H3C boon convictod of 3 felony, micdomo3nor, ordin3nco viol3tion, or crimo involving mor31 turpitude or of illog311y ucing, c3rrying, or poccoccing 3 d3ngorouc 'I.'O3pOn; (1) H3S m3do 3ny blso st3tomont, given 3ny blso inform3tion, or bilod to docl3re 3 m3tori31 bct in connoction with 3n 3pplic3tion for 3 permit or 3 reno'l:31 or reinct3tomont thereof; (5) Ie not employed by 3 morch3nt polico eorvico licenced under thie divieion; (6) F3ilc to moot cuch other requiremontc 3C m3Y bo oct3blichod by regul3tionc of tho chiof of polico. (c) Tho chiof of polico m3Y dic3pprovo 3n 3pplic3tion for 3 morch3nt polico liconco if tho 3pplic3nt dooc not moot tho ct3nd3rdc cot in cubcoction (b)(2), (3), (1) 3nd (6) of thic coction, or if 3ny director, officor, or other poreon 3cti':o in tho m3n3gomont of tho morch3nt polico eor':ico dooe not moot tho et3nd3rde cot by cubcoction (b )(2), (3), (1) 3nd (6) of thic coction. (d) If tho chiof of polico eh311 die3ppro'lo 3ny 3pplic3tion, ho eh311 gi'/o tho re3eone in 'Nriting, fila tho C3mo 'Nith tho city clark, 3nd m3il 3 copy to tho 3pplic3nt. Tho 3pplic3nt m3Y 3ppo31 cuch dic3pprov31 by filing 3 'Nritton notico thereof 'Nith tho city clark 'Nithin thirty (30) d3Yc 3ftor tho chiof of polico filoc hic written ct3tomont of re3conc for dic3pprov31. ^ ho3ring on cuch 3ppo31 ch311 bo hold by tho board of city commiccionorc no more th~n forty five (15) d~yc ~ftor tho ~pplic~nt filoc cuch notico of ~ppo~1. Tho bo~rd of commissionors m~y reverse or ~ffirm tho docision of tho chiof of polico. (Codo 1966, § 28 52) (a) (b) (c) Before a merchant security service license or a merchant security quard permit is issued. the chief of police shall cause an investiqation to be made of the facts set forth in the application and of the record of such applicant in the municipal court and the district court of the county. and any other courts in which the chief of police may have reason to believe the applicant has a record. and shall report to the city manaqer all information secured from such investiqation relative to the applicant's record. The city manaqer shall consider the application. the report and recommendation of the chief of police. and any other information which may come to him concerning the applicant. If the city manaqer is satisfied that the applicant is a fit person to be issued the applicable license or permit. the city manaqer may approve the application and direct the city clerk to issue the license or permit. which. unless revoked or suspended. shall remain in effect until the followinq December 31. The city manaqer may disapprove the application if the city manaqer determines that the applicant is not a fit person to be issued the license or permit. Without limitation. the city manager may disapprove the application if the city manager finds that the applicant: (1 ) (2) (3) (4 ) (5) (6) Is less than eiqhteen (18) years of aqe: Is not of qood moral character: Has been convicted of a felony. misdemeanor. ordinance violation. or crime involvinq moral turpitude or of illeqallv usinq. carrv8inq. or possessinq a danqerous weapon: Has made any false statement. given any false information. or failed to declare a material fact in connection with an application for a license or permit or a renewal or reinstatement thereof: Fails to meet such other public safety related requirements as may be established bv the city manaqer or the chief of police: or If seekinq a merchant security quard permit. is not employed bva merchant security service licensed under this division. Anv denial of an application bv the city manaqer may be appealed to the board of commissioners bv filinq a notice of appeal with the city clerk. which appeal shall be heard bv the board of commissioners at their next reqularlv scheduled meetinq. Anv denial of an application bv the board of commissioners shall be subject to appeal pursuant to then applicable state law. Sec. 30-41. Insurance. All merchant f3OOGe security service business licensees shall carry public liability insurance, with limits of not less than the maximum liability for claims which could be asserted against the city, for any number arising out of a single occurrence or accident under the Kansas Tort Claims Act, as amended. Tho curety ch~1I bo ~pprovod ~c to form by tho city ~ttornoy. It shall be the licensee's responsibility to determine that its insurance carrier has notified the city clerk of any lapse or cancellation in coverage within ten (10) days of notification to the insured. (Code 1966. & 28-57) Sec. 30-42. Bond. The applicant for merchant security service license hereunder shall file a bond by a surety authorized to do business in the state in the sum of ten thousand dollars ($10,000.00) conditioned that the applicant shall and will carry out and perform all of the duties imposed upon him by the provisions of this article and that such applicant will indemnify and save harmless the city from all liability for any injury to persons or property which the principal, his agent, servant or employee may cause by reason of engaging in the business of merchant f3OOGe security service. Such bond shall be approved as to form by the city attorney. (Code 1966, § 28-65) Sec. 30-43. License and permit fee§. The fee for a merchant f3OOGe security service license and/or merchant security quard permit shall be as prescribed in Section 2-2. (Code 1966, § 28-53) Sec. 30 44. Permit f-ee, term, expiration. (3) The foe for 3 merch3nt police permit sh311 be 3S prescribed in Section 2 2. (b) Applic3tion for renO'.v31 m3Y be m3de thirty (30) d3Yc prior to the expir3tion d3te. (c) All permitc ch311 expire on December thirty firct of e3ch ye3r. (d) Permit feec 3re not refund3ble upon c3ncel13tion during 3 c31end3r ye3r. (e) Permitc 3re not tr3ncfer3ble nor 3ccign3ble under thic divicion. (Code 1966, § 28 54) Sec. 30-45. Identification cards. The city clerk shall issue an identification card to each applicant which shall be carried at all times while on duty as a merchant policem3n security quard. The identification card shall include information as deemed necessary by the city manager. (Code 1966, § 28-58; Ord. No. 96-9756, § 1, 8-19-96) Sec. 30-46. Revocation or suspension. The b03rd of commiccionerc ch311 h3ve the 3uthority to revoke or cucpend 3ny licence or permit gr3nted purcu3nt to thic di':icion for ':iol3tion of 3ny foder31 or ct3te ct3tute, city ordin3nce, for f3lcific3tion of 3pplic3tion documentc, for viol3tion of 3ny provicionc of thic 3rticle, or for 3ny 3Ct committed by 3 licenceD or permittee which ic deemed by the b03rd of commiccionerc to m31<e the licenceD or permittee unfit to h3ndle the recponcibilitiec of cuch licence or permit. Sucpencion period ch311 be for 3 m3ximum of cixty (60) d3Yc. In C3cec of revoc3tion or cucpencion of the licence or permit, 3 he3ring ch311 be held by the b03rd of commiccionerc, 3nd the licenceD or permittee m3Y precent 3ny evidence or be he3rd ':ith recpect to the 311eg3tionc cont3ined in the requect for revoc3tion or cucpencion. (Code 1966, § 28 55) (a) (b) (c) A merchant security service license or a merchant security quard permit may be revoked or suspended bv the city manaqer for violation of any federal or state statute. or city ordinance: falsification of application documents. violation of any provisions of this article. or for any act committed bva licensee or permittee which is deemed bv the city manaqer to make the licensee or permittee unfit to handle the responsibilities of such license or permit The licensee or permittee shall have the duty to advise the city clerk upon conviction or upon enterinq into any diversion agreement relating to the above described violations. A revocation of suspension of a merchant security service license or a merchant security quard permit may be appealed to the board of commissioners by the licensee or permittee filing a notice of appeal with the city clerk. which appeal shall be heard bv the board of commissioners at their next reqularlv scheduled meetinq. Upon a revocation bv the city manaqer. the merchant security service license or merchant security quard permit holder shall immediately surrender the applicable license or permit to the city clerk. Sec. 30-47. Penalty. It shall be unlawful for any person to violate any of the provisions of this article. Upon conviction thereof. the qeneral penalty and continuinq violations section set forth in Salina Code Section 1-10 shall apply.