03-10174 Merchant Security0" l-Sa.a
(Published in the Salina Journal on November c�j , 2003)
ORDINANCE NUMBER 03-10174
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE II, BY AMENDING
SECTIONS 30-16 THROUGH 30-46 AND ADDING SECTION 30-47 OF THE SALINA
CODE PERTAINING TO MERCHANT SECURITY SERVICES AND REPEALING
EXISTING SECTIONS 30-16 THROUGH 30-46.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 30-16 through 30-46 of Chapter 30, Article II of the Salina Code
are hereby amended to read as follows:
"ARTICLE II. MERCHANT SECURITY SERVICES
DIVISION 1. GENERALLY
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 security service.
(2) Merchant security service shall mean any person engaged for hire in
the business of guarding, watching, patrolling or otherwise attempting
to provide security for a 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 security guard shall mean any individual who is employed
by a merchant security 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 security to operate as a merchant
security guard. For purpose of this Article, those provisions
applicable to licenses under Chapter 20 shall. likewise apply to a
permit.
Sec. 30-17. Uniform and badges.
Uniforms and badges, if any, worn by agents or employees of merchant
security service licensees while employed within the city, will be of a different color
and design from those worn by officers of the police department.
Sec. 30-18. Marking of vehicles.
No vehicle used by a merchant security service or merchant 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.
Sec. 30-19. Reserved.
Sec. 30-20. Use of red or blue lights and sirens prohibited.
Any vehicle used by a merchant security service or merchant 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.
Sec. 30-21. Reserved.
Sec. 30-22. Change in personnel.
Clllldelld Salm;
(a) Whenever an agent or employee of a merchant: security service is no
longer employed, for any reason, his former employer shall
immediately notify the city clerk in writing. The city clerk shall
forward a copy of the notification to the chief oilpolice.
(b) Whenever an agent or employee of a merchant security service is no
longer 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 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.
Sec. 30-23. Reserved.
Sec. 30-24. Change of business address.
Any merchant security service changing place of business shall immediately
notify the city clerk of such fact, together with the new address of the new place of
business. The city clerk shall forward a copy of the notification to the chief of
police.
Sec. 30-25. Unlawful acts.
(a) It shall be unlawful for any merchant security service 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
breaches of peace coming to his attention. This section shall
not apply to misdemeanor person crimes or misdemeanor or
felony property crimes coming to the attention of the licensee
or permittee while on his client's business, when the client is
the victim and does not wish to report the matter;
(3) 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 of the police department to
take custody of the subject, may turn the individual over to
any law enforcement agency having legal jurisdiction;
(4) Represent himself to be a member of the police department;
(5) 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 greater 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 investigations, make arrests, use force,
or take any other action on behalf of, under color of laws of, or under
the authority of the city.
Sec. 30-26 — 30-35. Reserved.
DIVISION 2. LICENSE AND PERMIT
Sec. 30-36. Required.
(a) No person shall provide or engage in a business which provides
merchant security service within the city unless such person shall
possess a valid license from the city to engage in such business.
co1:1111 Uls
(b) No individual shall perform any service within the city as a merchant
security guard unless such individual shall have in his possession a
valid permit from the city to perform such service.
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
shall not be a defense to the failure to secure a license or permit that the person had
such other authority.
Sec. 30-38. License and/or permit application.
(a) Any person desiring to obtain a merchant security service license or
merchant security guard permit shall submit to the city clerk, in
writing on a form approved by the city manager and provided by the
city clerk, all required information. In addition, the applicant may be
required to provide other pertinent information as the city manager or
chief of police may reasonably deem necessary. An application is
considered complete when all materials necessary to make a
determination on the application have been received.
(b) No permit shall be issued to any person to perform security service as
a merchant security guard unless application therefor has been
approved by the employer who is the holder of the valid merchant
security service license.
Sec. 30-39. Conditional merchant security guard permit.
A conditional merchant security guard permit, good for up to ninety (90)
days, may be issued pending receipt of the Kansas Bureau of Investigation criminal
background check. The original application for a permit shall be reviewed by the
chief of police, a local background 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 meeting the requirements of Sec. 30-40 may be
issued a conditional permit. Results of the Kansas Bureau of Investigation check
may be grounds to revoke the conditional permit and deny a regular permit.
Sec. 30-40. Approval or disapproval of applications.
Before a merchant security service license or a merchant security guard
permit is issued, the chief of police shall cause an investigation 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 manager all information secured from such investigation relative to the
applicant's record.
(a) The city manager 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 manager
is satisfied that the applicant is a fit person to be issued the applicable
license or permit, the city manager 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 following
December 31. The city manager may disapprove the application if
the city manager 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) Is less than eighteen (18) years of age;
(2) Is not of good moral character;
c 111,eltld kima
(3) Has been convicted of a felony, misdemeanor, ordinance
violation, or crime involving moral turpitude or of illegally
using, carry8ing, or possessing a dangerous weapon;
(4) 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;
(5) Fails to meet such other public safety related requirements as
may be established by the city manager or the chief of police;
or
(6) If seeking a merchant security guard permit, is not employed
by a merchant security service licensed under this division.
(b) Any denial of an application by the city manager may be appealed to
the board of commissioners by filing a notice of appeal with the city
clerk, which appeal shall be heard by the board of commissioners at
their next regularly scheduled meeting. Any denial of an application
by the board of commissioners shall be subject to appeal pursuant to
then applicable state law.
Sec. 30-41. Insurance.
All merchant 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. 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 be insured.
Sec. 30-42. Bond.
The applicant for merchant security service license hereunder shall file a
bond of surety authorized to do business in the state in the sum of ten thousand
dollars ($10,000) 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 security service:. Such bond shall be
approved as to form by the city attorney.
Sec. 30-43. License and permit fees.
The fee for a merchant security service license and/or merchant security
guard permit shall be as prescribed in Section 2-2.
Sec. 30-44. Reserved.
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 security guard. The identification
card shall include information as deemed necessary by the city manager.
Sec. 30-46. Revocation or suspension.
(a) A merchant security service license or a merchant security guard
permit may be revoked or suspended by the city :manager 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 by a licensee or permittee; which is deemed by
the city manager 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
entering into any diversion agreement relating to the above described
violations.
(b) A revocation of suspension of a merchant security service license or a
merchant security guard 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 by the board of
commissioners at their next regularly scheduled :meeting.
(c) Upon a revocation by the city manager, the merchant security service
license or merchant security guard permit holder shall immediately
surrender the applicable license or permit to the city clerk."
Section 2. That Section 30-47 is hereby by added to Chapter 30, Article II, Division 2 of the
Salina Code to read as follows:
"Sec. 30-47. Penalty.
It shall be unlawful for any person to violate any of the provisions of this
article. Upon conviction thereof, the general penalty and continuing violations
section set forth in Salina Code Section 1 — 10 shall apply."
Section 3. That Sections 30-16 through 30-46 are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and published once in the official city newspaper.
Introduced: November 17, 2003
Passed: November 24, 2003
YL
�.
OAlan E. Jilka, dor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cle