(a) Any individual, partnership, corporation or other entity engaging in an alarm business within the Village of Bentleyville, Ohio, shall apply to the Police Department of the Village of Bentleyville for a license to operate said alarm business. Said application shall be on a form to be furnished by the Police Department and signed by the individual proprietor of such business, or a partner, or by the proper corporate official as is appropriate for the form of the business seeking the license, and shall include:
(1) The name, address and telephone number of the alarm business and the type of business entity it is (individual, partnership or corporation), and the name, address and telephone number of the individual proprietor, partners or directors and principal officers, depending on the nature of the entity applying;
(2) A description of the alarm systems and devices offered for sale or lease to the public and a description of any services relating to alarm devices offered to the public;
(3) Certification that within ninety days after the effective date of this chapter, or upon receipt of notice of approval of a license application, whichever date occurs later, a complete list of the names and addresses of all persons or businesses in the Village of Bentleyville to whom or which alarm systems have been sold and who or which are currently under contract to the alarm business for services to said alarm system on or after the effective date of this chapter, shall be maintained for inspection by the Alarm Administrator;
(4) A list of all felony and misdemeanor convictions of individual proprietors, partners or directors and officers of the applicant business, including the date and location of each conviction;
(5) A statement as to whether the applicant has ever been denied a license or permit in any jurisdiction to engage in the alarm business or has had such a license or permit revoked;
(6) A statement as to the length of time the applicant has been engaged in the alarm business and where engaged;
(7) A statement that the applicant agrees to update the above information upon an application for renewal of an alarm license at least every two years as provided below.
(b) License applications shall be accompanied by a non-refundable fee of one hundred dollars ($100.00) to cover the costs to the Village of Bentleyville of processing the applications as described herein.
(c) An alarm business already engaged in business, as defined herein, in the Village of Bentleyville on the effective date of this chapter, shall submit an application for a license no later than thirty days thereafter. Said applicant may continue to do business while his or her license application is being processed. An applicant not previously engaged in providing services as an alarm business in the Village of Bentleyville on the effective date of this chapter shall not commence doing business until his or her application is approved.
(d) Every alarm business shall meet the following experience requirements before it may engage in the alarm business:
(1) The individual who is an owner, officer, partner or employee of the applicant shall establish that he or she was engaged in or employed by an alarm business, in sales, service or installation, for an aggregate period of at least two years prior to filing the application. Such individual shall file with the Alarm Administrator sworn statements of such experience by at least two citizens of the community or communities in which such individual was so engaged or employed. The individual whom the applicant relies upon to comply with this paragraph shall be a person who devotes a substantial portion of his or her time to engaging in and/or supervising the sale, installation or servicing of alarm systems on behalf of the applicant;
(2) For the purpose of the two-year experience requirement of paragraph (d)(1) hereof, employment by or engagement in an alarm business in one or more communities within the State may be aggregated;
(3) In the event that the individual upon whom the applicant relies to comply with paragraph (d)(1) hereof shall, within a period of three years after such compliance or qualification, for any reason cease to perform his or her duties on a regular basis, the alarm business shall promptly notify the Alarm Administrator by certified or registered mail and shall obtain as promptly as possible a substitute eligible individual. If the alarm business fails to obtain such substitute eligible individual within six months from and after the disqualification of the first individual, the Alarm Administrator may revoke the alarm business license, may, in his or her discretion, extend for a reasonable time the period for obtaining a substitute qualified individual, or may determine, based upon experience and performance of the alarm business, that the alarm business need not obtain such substitute qualifying individual.
(e) The Alarm Administrator shall review each application for a license and may conduct an investigation to determine whether the facts set forth in the application are true. He or she shall, within sixty days after receipt of an application for such license, either approve or deny issuance of the same and, accordingly, forward written notification to the applicant of said decision. A written notification of denial shall include the basis for said finding and if the grounds for denial are subject to correction, the applicant shall be given ten days after receipt of such notice within which to make the required correction.
(f) The Alarm Administrator may deny the application for an alarm business license if he or she finds that the applicant, the individual having the authority and responsibility for the management and operation of the applicant's alarm business within the Village of Bentleyville, the individual upon whom the applicant relies to comply with paragraph (d)(1) hereof, or any owner, partner or principal corporate officer, has:
(1) Committed any act which, if committed by a licensee, would be grounds for revocation of a license under subsection (h) hereof;
(2) While unlicensed, knowingly and willfully committed or aided and abetted in the commission of any act for which a license is required by this chapter; or
(3) Been convicted in any jurisdiction of a felony or misdemeanor if the Alarm Administrator finds that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business.
(g) Application for renewal of an alarm business license shall be made at least every two years within thirty days immediately preceding January 1 of every other year and shall be accompanied by a non-refundable fee of one hundred dollars ($100.00). Applicants for renewal may continue to do business while their renewal application is being processed.
(h) Licenses for alarm businesses may not be renewed by the Alarm Administrator in the manner hereinafter set forth if the licensee or any of its owners, partners or principal corporate officers, or the individual having the authority and responsibility for the management and operation of the alarm business within the Village, is found to have:
(1) Violated any of the provisions of this chapter or any rule or regulation of the Alarm Administrator, which violation the Alarm Administrator determines to reflect unfavorably upon the fitness of the licensee to engage in the alarm business;
(2) Knowingly and willfully given any false information of a material nature in connection with an application for a license or a renewal or reinstatement of a license or in a notice or transfer of an alarm business licensed under this chapter;
(3) Been convicted in any jurisdiction of a felony or a misdemeanor if the Alarm Administrator determines that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business;
(4) Committed any act while the license was not in effect which would be cause for the revocation of a license or grounds for the denial of an application for a license.
(i) No license issued pursuant to the provisions of this chapter shall be assigned or transferred either by law or otherwise.
(Ord. 1989-29. Passed 7-12-89.)