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17-17.1   Armed Security Guard or Watchmen Registration.
   (A)   Any person employed in the city as a private security guard or watchman armed with a firearm whose services are performed openly in the presence of the general public in a public place as defined in Subsection 17-17.2, shall register with the Boston Police Commissioner by submitting supporting documentation:
      (1)   To demonstrate that such person holds a license to carry a firearm pursuant to M.G.L. Chapter 140, Section 131; and, where applicable;
      (2)   To demonstrate that such person is an employee of a licensee authorized to engage in such business pursuant to M.G.L. Chapter 147, Sections 22—30; and
      (3)   To identify the location of the public place(s) where such person is or will be assigned or employed as an armed security guard or watchman in Boston.
   (B)   For purposes of this Section only, the term ARMED shall have the meaning as defined in M.G.L. Chapter 140, Section 121.
(CBC 1985 17-17.1; Ord. 2010 c. 1)
17-17.2   Definition of Public Place.
   For the purposes of this Section, a PUBLIC PLACE shall be substantially the same as that defined in M.G.L. Chapter 272, Section 92A and shall be deemed to include any place which is open to and accepts or solicits the patronage of the general public such as a retail store or establishment, including those dispensing personal services. For the purposes of this Section only, PUBLIC PLACE shall not include places of entertainment or recreation, restaurants or bars or any public entity whether federal, commonwealth, municipal or any political subdivision of the commonwealth; nor shall public place include any entity or institution whose armed security guards or watchmen are employed in the capacity of commonwealth-licensed Special Police Officers pursuant to M.G.L. Chapter 22C, Sections 51—68.
(CBC 1985 17-17.2; Ord. 2010 c. 1)
17-17.3   Business Registration.
   Any private entity in the city conducting business within a public place that hires a private armed security guard whose assignment for any duration is to guard persons or property in such a public place openly in the presence of the general public as described in Subsection 17-17.7 shall register all required information as provided for by such rules or regulations promulgated, from time to time, by the Police Commissioner pursuant to this Section. However, such registration requirement may be delegated by contract to any person licensed under M.G.L. Chapter 147, Section 25. A copy of the delegation shall be submitted to the Police Commissioner.
(CBC 1985 17-17.3; Ord. 2010 c. 1)
17-17.4   Employment.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOY or HIRE. Assigned or employed directly or indirectly by such business whether part-time, temporary or on a permanent basis regardless of whether the guard is an employee of such business or is employed by a contractor engaged in offering armed security guard services as permitted in M.G.L. Chapter 147, Section 22-30.
(CBC 1985 17-17.4; Ord. 2010 c. 1)
17-17.5   Armed Security Guards or Watchmen Licensed as Special Police Officers.
   (A)   Pursuant to M.G.L. Chapter 40, Section 21 and in order to preserve the peace and good order in such public places so as to protect the public safety and maintain the discipline of the internal Police, the Police Commissioner is hereby authorized to require private armed security guards or watchmen employed or assigned in the city openly and in the presence of the general public as described in Subsection 17-17.6, to be licensed by the Police Commissioner as a special Police Officer. This requirement for licensure as a Special Police Officer by the Police Commissioner shall not apply to armed security guards who are employed in the capacity of a commonwealth-licensed Special Police Officers pursuant to M.G.L. Chapter 22C, Sections 51—68, or those otherwise exempted by Subsection 17-17.2.
   (B)   On the application of any individual that the Police Commissioner may deem suitable for licensure as a Special Police Officer, such individual shall serve without pay from the city, and the corporation or person employing such individual as a Special Police Officer under this Section shall be liable for the official misconduct of the Officer licensed on such application, as for the torts of any servant or Agent in the employ of such corporation or person.
   (C)   A Special Police Officer shall have the power of Police Officers to preserve order and to enforce the laws and ordinances of the city, in and about any public place as defined in Subsection 17-17.2, for which he or she is hired as an armed security guard or watchman to serve openly in the presence of the public as described in Subsection 17-17.7.
(CBC 1985 17-17.5; Ord. 2010 c. 1)
17-17.6   Renewal and Revocation of Special Police Officer License.
   A Special Police Officer licensed under the provisions of this Section shall seek renewal of such license annually. The Police Commissioner may annually renew and may at any time for cause, after notice and a hearing, revoke any such license. An application for a renewal shall be on a form furnished by the Commissioner.
(CBC 1985 17-1.6; Ord. 2010 c. 1)
17-17.7   Covered Armed Security Guard or Watchman.
   This Section shall apply only to private armed security guards or watchmen whose assignment is to guard persons or property openly in the presence of the general public in a public place and who are not otherwise exempt under this Section.
(CBC 1985 17-17.7; Ord. 2010 c. 1)
17-17.8   Regulatory Authority; Enforcement and Fees.
   The Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce this Section pursuant to M.G.L. Chapter 40, Section 21D. Pursuant to St. 1949, c. 222, the Police Commissioner may charge an appropriate fee for such services attendant to the registration and licensure process.
(CBC 1985 17-17.8; Ord. 2010 c. 1)
17-17.9   Severability.
   If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 17-17.9 Ord. 2010 c. 1)
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