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The holder of any license certificate issued pursuant to this chapter may employ to assist him in his work as a private detective and in the conduct of such business as many persons as he may deem necessary. The licensee shall at all times during such employment be legally responsible for the good conduct in the business of each and every person so employed. (Ord. 4039)
No holder of any unexpired license certificate issued pursuant to this chapter shall knowingly employ in connection with his business in any capacity whatsoever any person who has been convicted of a felony, who has been discharged from a law enforcement agency for cause, whose private detective license was revoked or application for such license denied by the authorities of this city or any other city or state or who has been found guilty of illegally using, carrying or possessing a pistol or other dangerous weapon, buying or receiving stolen property or any offense indicating moral turpitude. Should the holder of an unexpired license certificate falsely state or represent that a person is or has been in his employ, such false statement or misrepresentation shall be sufficient cause for the revocation of such license. Any person falsely stating or representing that he is or has been a detective or employed by a detective agency, shall be guilty of a misdemeanor. (Ord. 4039)
No person shall hereafter be employed by any holder of a license certificate issued pursuant to this chapter until he shall have executed and furnished to such license holder a verified statement, to be known as an “employee’s statement,” setting forth:
(a) The employee’s full name, age and residence address.
(b) His place of birth and the county of which he is a citizen.
(c) The business or occupation engaged in for five years immediately preceding the date of the filing of the statement, setting forth the place where such business or occupation was engaged in and the name of employers, if any.
(d) That he has not been convicted of a felony or any offense involving moral turpitude or any of the offenses described in Section 38-20.
(e) Such further information as the city manager or chief of police may by rule require to show the good character, competency and integrity of the person executing the statement. (Ord. 4039)
Immediately upon the verification of an employee’s statement, the holder of the license certificate issued pursuant to this chapter by whom such person has been or is to be employed shall cause two sets of fingerprints of the two hands of such person to be recorded in such manner as the chief of police may by rule prescribe. The holder of the license certificate shall immediately stamp in indelible ink the employee’s statement and each set of fingerprints with the name, year and license certificate number of such holder and a number which number shall be determined by the number of such statements furnished to such holder and shall be in numerical sequence.
The holder of a license certificate shall affix one set of such fingerprints to the employee’s statement in such manner that the prints can be examined without disclosing the contents of the employee’s statement, and shall retain such statement and prints so long as he shall be licensed under this chapter by the city. The holder of a license certificate shall file the other set of fingerprints with the chief of police within 24 hours of such employment. Within five days after the filing of such fingerprints the chief of police shall cause such fingerprints to be compared with fingerprints filed with the identification bureau of the city and if any record of such prints are found he shall notify the holder of such license certificate. The chief of police may also from time to time cause such fingerprints to be checked with the state department of public safety or other official fingerprint files within or without this state, and if he finds such person has been convicted of a felony or other offense he shall immediately notify the holder of such license certificate. The chief of police or his authorized representative shall at all times be given access to and may from time to time examine the fingerprints retained by the holder of the license certificate provided in this article. No holder of a certificate shall file with the police department the fingerprints of a person other than the person so employed. (Ord. 4039)
(a) The city council shall have the right and authority to revoke and cancel any license issued under the provisions of this chapter for cause upon a hearing duly had after five days’ notice to the licensee. In addition to the general authority contained in this code for the revocation of licenses, any license issued under the provisions of this article may be revoked by the city council for any of the following reasons:
(1) If such licensee has knowingly violated any of the provisions of this chapter.
(2) If any employee or operative of such licensee shall have knowingly violated any of the provisions of this chapter with permission and instructions from such licensee to do so.
(3) If such licensee has knowingly made a false report to his client or other person entitled to receive such information in respect to any of the matters in which licensee may be employed.
(4) If such licensee has knowingly and wrongfully divulged any confidential information which he may have acquired from or for his client to any person other than his client or other person authorized to receive such information and if such licensee has knowingly permitted or instructed any employee wrongfully to divulge any confidential information acquired from or for his client, in the event such employee or operative shall actually make such false report or wrongfully divulge such confidential information.
(5) If such licensee has knowingly and wilfully sworn falsely in any judicial proceeding or suborned purjury therein, upon conviction of such licensee of such offense.
(6) If such licensee, during the period of his employment by the client, shall accept money or gratuities from any person whose affairs he may have been employed by such client to investigate.
(b) In the event any member of a firm or any officer or authorized local agent of a corporation holding a license issued pursuant to this chapter has done any of the things set forth in the foregoing provisions of this section, then the city council may revoke the license of such partnership, firm, company, or corporation. (Ord. 4039)
Any person who is or has been an employee or holder of a license shall not divulge to anyone other than his employer or as his employer may direct, except as he may be required by law, any information acquired by him during such employment in respect to any of the work to which he shall have been assigned by such employer. Any such employee violating the provisions of this section and any such employee who shall wilfully make a false report to his employer in respect to any such work shall be guilty of a misdemeanor. The employer of any employee believed to have violated this section shall, without any liability whatsoever upon such employer, supply the chief of police or such person as the chief of police may designate all the known facts and circumstances in connection with such employee’s transactions, performance or action believed to be in violation of this article and the chief of police or his authorized representative shall, should the facts and circumstances be deemed to warrant, conduct further investigation and submit the evidence thus acquired in the support of charges filed against such employee. (Ord. 4039)
Nothing in this chapter shall apply to the following persons:
(a) Any officer belonging to the police force of the United States, this state or any county, city, town or other municipal corporation appointed or selected by due authority of law insofar as their activities are concerned.
(b) Any private special police officer, private guard or private patrol as provided for elsewhere in this code.
(c) Any person engaged exclusively in the insurance business.
(d) Any attorney or counselor at law in the legal practice of their profession, but such exemption shall not inure to the benefit of any employee or representative of such attorney or counselor at law who is not employed solely, exclusively and regularly by such attorney or counselor at law.
(e) Any person or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons or as to personal habits and financial responsibility of applicants for insurance, indemnity bonds or commercial credit or of claimants under insurance policies. (Ord. 4039)