8433 Merchant Police LicenseORDINANCE NUMBER 8433
(Published in The Salina Journal -Z 3 1975) I
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF MERCHANT OR
PRIVATE POLICEMEN, AMENDING ARTICLE III OF CHAPTER 28 OF THE SALINA CODE AND
REPEALING THE EXISTING ARTICLE III OF CHAPTER 28 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Article III, Chapter 28 of the Salina Code be enacted
to read as follows:
11Section 28-48. 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:
(a) License, shall mean a certificate granting
permission for a person to operate a Merchant Police
Service.
(b) Merchant PoZice 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.
(c) Merchant PoZiceman, shall mean any individual
who is employed by a Merchant Police Service to guard,
watch, patrol or otherwise attempt to provide security
for the real or personal property of another person.
(d) Permit, shall mean a certificate granting
permission for an individual who is employed by a
Merchant Police Service to operate as a Merchant
Policeman.
(e) Person, shall mean any individual, proprietorship,
partnership, association, firm, corporation or other
business entity.
"Section 28-49. Requirements for license and permit.
(a) No person shall provide or engage in a business
which provides Merchant Police Service within the City of
Salina, Kansas, unless such person shall possess a valid
license from the City of Salina, Kansas to engage in such
business.
(b) No individual shall perform any service within
the City of Salina, Kansas, as a Merchant Policeman unless
such individual shall have in his possession a valid permit
from the City of Salina, Kansas to perform such service.
"Section 28-50. License application
Any person desiring to obtain a Merchant Police
Service License shall submit to the City Clerk, in
writing on a form provided by said City Clerk, containing
the following information:
(a) Name, address, date of birth and Social Security
Number of person that will engage in providing such
Merchant Police Service;
(b) Name, address, date of birth and Social Security
Number of all officers, directors and other persons
active in the management of the business entity which will
provide such merchant police service.
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(c) A description of all vehicles to be used in
providing such service, including the vehicle registration
numbers thereof;
(d) A description of the nature and type of business
to be conducted;
(e) The service to be offered, and the area expected
to be covered in the conduct of the business;
(f) A statement of the number of persons to be employed
by the service;
(g) A description of all weapons registered to the
applicant;
(h) With respect to each person active in the day-to-day
management of the Merchant Police Service, one recent photograph,
his fingerprints, and history of his employment for the five (5)
years immediately preceding the date of this application;
(1) A statement as to whether or not the applicant has
been convicted of any felony, misdemeanor, or ordinance violation,
the nature of the offense, the penalty or punishment imposed,
and the date and place where such offense occurred.
(j) A statement as to whether or not the applicant has
ever had a judgement or conviction for fraud, deceit, or
misrepresentation entered against him, and if so, the details
thereof.
(k) Such other information as the Chief of Police may
reasonably deem necessary.
"Section 28-51. Permit application.
Any person desiring to obtain a Merchant Police
Permit shall submit to the City Clerk, in writing on a
form provided by said City Clerk, the following information:
(a) Name, address, date of birth and Social Security
Number;
(b) One recent photograph, his fingerprints, and a
history of his residence and employment for the five (5)
years immediately preceding the date of this application;
(c) The name and address of the company, corporation,
firm or person by whom applicant will be employed;
(d) If the applicant will use his own vehicle in the
course of acting as a Merchant Policeman, a description of
such vehicle including the vehicle registration number
thereof;
(e) A description of all weapons registered to the
applicant.-
(f)
pplicant;
(f) A statement as to whether or not the applicant
has been convicted of any felony, misdemeanor, or ordinance
violation, the nature of the offense, the penalty or
punishment imposed, and the date and place where such
offense occurred.
(g) A statement as to whether or not the applicant
has ever had a judgement or conviction for fraud, deceit
of misrepresentation entered against him, and if so, the
details thereof;
(h) Such other information as the Chief of Police
may reasonably deem necessary.
(i) No permit shall be issued to any person to perform
security service as a Merchant Policeman unless application
therefor has been approved by the employer who is the holder
of a valid Merchant Police Service License.
"Section 28-52. Approval or disapproval of applications.
(a) Every application for a license or a permit shall be
submitted to the Chief of Police for approval or disapproval,
and no applicant shall receive a license or permit unless his
application is approved.
(b) The Chief of Police may disapprove an application
for a Merchant Police Permit if he finds that the applicant:
(1) Is less than 18 years of age;
(2) Is not of good moral character;
(3) Has been convicted of a felony, misdemeanor,
ordinance violation, or crime involving moral turpitude
or of illegally using, carrying, 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 permit or a
renewal or reinstatement thereof;
(5) Is not employed by a Merchant Police Service
licensed under this act;
(6) Fails to meet such other requirements as may
be established by regulations of the Chief of Police.
(c) The Chief of Police may disapprove an application for
a Merchant Police License if the applicant does not meet the
standards set in subsection (b) 2, 3, 4, and 6 of this section,
or if any director, officer, or other person active in the
management of the Merchant Police Service does not meet the
standards set by subsection (b) 2, 3, 4, and 6 of this section.
(d) If the Chief of Police shall disapprove any application,
he shall give the reasons in writing, file the same with the City
Clerk, and mail a copy to the applicant. The applicant may appeal
such disapproval by filing a written notice thereof with the City
Clerk within thirty (30) days after the Chief of Police files his
written statement of reasons for disapproval. A hearing on such
appeal shall be held by the Board of City Commissioners no more
than forty-five (45) days after the applicant files such notice
of appeal. The Board of City Commissioners may reverse or affirm
the decision of the Chief of Police.
"Section 28-53. License fee, Term, Expiration
(a) The fee for a Merchant Police Service license shall
be Thirty-three Dollars ($33.00) per calendar year, January 1
through December 31, provided however, that the fee for the
year 1975 due on June 1, 1975, shall be Nineteen Dollars and
Twenty-five cents ($19.25).
(b) Application for renewal may be made thirty (30)
days prior to the expiration date.
(c) All licenses shall expire on December 31 of
each year.
(d) License fees are not refundable upon cancellation
during a calendar
(e) Licenses are not transferable nor assignable under
this act.
"Section 28-54. Permit fee, Term, Expiration
(a) The fee for a Merchant Police Permit shall be
Twelve Dollars ($12.00) per calendar year, January 1 through
December 31, provided however, that the fee for the year
1975, due on June 1, 1975, shall be Seven Dollars ($7.00).
(b) Application for renewal may be made thirty (30)
days prior to the expiration date.
(c) All permits shall expire on December 31.of
each year.
(d) Permit fees are not refundable upon cancellation
during a calendar year
(e) Permits are not transferable nor assignable under
this act.
"Section 28-55. Revocation or suspension of license or permit.
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 of Kansas, Saline County or
the City of Salina and it shall not be a defense to the
failure to secure a license or permit that said person had
such other authority.
The Board of City Commissioners shall have the authority
to revoke or suspend any license or permit granted pursuant
to this article for violation of any Federal or State Statute,
city ordinance, for falsification of application documents,
for violation of any provisions of this article, or for any
act committed by a licensee or permittee which is deemed by
the Board of City Commissioners to make said licensee or
permittee unfit to handle the responsibilities of such license
or permit upon request. Suspension period shall be for a
maximum of sixty (60) days. In cases of revocation or
suspension of the license or permit, a hearing shall be held
by the Board of City Commissioners, and the licensee or
permittee may present any evidence or be heard with respect
to the allegations contained in the request for revocation
or suspension.
"Section 28-56. 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 of Kansas, Saline County or
the City of Salina and it shall not be a defense to the
failure to secure a license or permit that said person had
such other authority.
"Section 28-57. Insurance.
All Merchant Police Service business licensees shall carry
insurance for the purpose of indemnifying third persons for
bodily injury, in amounts not less than Fifty Thousand
Dollars ($50,000.00) for each bodily injury and One Hundred
Fifty Thousand Dollars ($150,000.00) aggregate limit; and
further to indemnify third persons for any damage to property
as the result of the actions of said Merchant Police Service,
its agents or employees, in an amount of not less than Twenty-
five Thousand Dollars ($25,000.00) per claimant and Fifty
Thousand Dollars ($50,000.00) aggregate limit. The surety
shall be approved as to form by the City Attorney. 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.
"Section 28-58. Identification.
In addition to the license or permit, the Chief of Police
shall issue an identification card to each licensee and permittee
which shall be carried by the licensee or permittee at all times
while on duty as a merchant policeman. The identification card
shall be approximately two and one-half (2-1/2) inches by four
(4) inches and shall include the following information:
(a) The type of license or permit and expiration date
thereof.
(b) Name, address, physical description and picture of
the licensee or permittee;
(c) The name of the employer if the licensee or permittee
is an agent or employee of a Merchant Police Service;
(d) The signature of the licensee or permittee and that
of the Chief of Police;
(e) A statement as to whether or not the licensee or
permittee is authorized to carry a concealed firearm.
(f) Such other information as the Chief of Police may
deem advisable.
"Section 28-59. Uniforms.
Uniforms, if any, worn by agents or employees of Merchant
Police Service licensees while employed within the City of
Salina will be of a color different from those worn by officers
of the Salina Police Department.
"Section 28-60. Firearms.
Agents, employees of licensees or permittees may have the
right to carry concealed firearms only after the completion of
a firearm proficiency program under the direction and control
of the Salina Police Department and the certification by the
Chief of Police or his designee that the licensee or permittee
has completed the program and has demonstrated his proficiency
in the use and safety of a firearm. The authority to carry a
concealed firearm will be extended only while the licensee or
permittee is performing the required duties of his employment
and while in route to or from his place of business. The
right to carry a concealed firearm may be revoked by the
Chief of Police if the right has been abused.
"Section 28-61. Unlawful acts.
It shall be unlawful for any licensee or permittee
to:
(a) Hinder or interfere with any investigation
under the jurisdiction of the Salina Police Department.
(b) Fail to report immediately to the Salina 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.
(c) Draw or discharge a firearm i n the performance
of his duties except when necessary to protect himself
or someone else from great bodily harm.
(d) Fail to notify the Salina Police Department
of any arrests and to fail to turn such person over to
the Salina Police Department. Provided, the licensee
or permittee, upon refusal of the Salina Police
Department to take custody of the subject, may turn
the individual over to any law enforcement agency having
legal jurisdiction.
(e) Represent himself to be a member of the Salina
Police Department.
(f) Willfully suppress facts that pertain to any
violation of City, State of Federal law.
"Section 28-62. Change in personnel.
(a) Whenever an agent or employee of a Merchant
Police Service is discharged, or resigns, for any
reason, his employer shall immediately notify the
City Clerk of such fact. The City Clerk shall forward
a copy of the notification to the Chief of Police.
The employer shall notify the Salina Police Department
of the reasons for dismissal, or resignation, and such
information shall be kept confidential.
(b) When an agent or employee of a Merchant Police
Service is dismissed, or resigns, he shall forthwith
surrender his permit and his identification card issued
to him to his employer which shall forward the same to
the Chief of Police. In the event the person surrendering
the permit and identification card is re-employed during
the remainder of the year, the identification card and
permit may be re -issued to him without charge.
"Section 28-63. Change of vehicles.
Any licensee or permittee who acquires a new vehicle
for use in the conduct of his business, the type and
description of said vehicle shall be immediately reported
to the City Clerk who shall forward a copy to the Chief
of Police.
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"Section 28-64. Change of business address.
Any licensee changing place of business or abode
shall immediately notify the City Clerk of such fact,
together with the new address of the new place of business
or abode. The City Clerk shall forward a copy of the
notification to the Chief of Police.
"Section 28-65. Bond.
The applicant for license hereunder shall file a bond
by a surety authorized to do business in the State of Kansas
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
act and that such applicant will indemnify and safe harmless
the City of Salina 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 Police Service. Said bond shall -be approved
as to form by the City Attorney.
"Section 28-66. Markinq of vehicles.
Any vehicle used by a Merchant Police Service or Merchant
Policeman while performing the duties for which he is licensed
or for which he has obtained a permit under this act shall be
clearly marked with such identifying insignia as the Chief of
Police may prescribe, provided, however, that such markings
shall not be similar in color or design to those used by the
police department of the City of Salina or any other governmental
law enforcement agency.
"Section 28-67. Radio equipment in vehicles.
Any vehicle used by a Merchant Police Service or Merchant
Policeman while performing the duties for which he is licensed
or for which he has a permit under this act shall be equipped with
a two-way radio in good operating condition, which is capable of
receiving and transmitting voice communications from and to the
police department of the City of Salina.
"Section 28-68. Red lights and sirens.
Any vehicle used by a Merchant Police Service or Merchant
Policeman while performing the duties for which he is licensed
or for which he has obtained a permit under this act shall not
operate any f lashing red I i ghts or s i rens, if any, equipped
on said vehicle within the City of Salina."
Section 2. That the existing Article III of Chapter 28 of the
Salina Code is hereby repealed.
Section 3. This ordinance shall be in full force and effect from and
after its adoption and publication in the official city newspaper.
(SEAL)
ttest:
D. L. Harrison, City Clerk
Introduced: May 12, 1975
Passed: May 19, 1975
Robert 'C. Caldwell, Mayor