(A) The following information shall be required on the application for an agency license:
(1) If a corporation, the name and address of the corporation, the names, addresses and either the social security numbers or complete sets of fingerprints of the incorporators, Board of Directors and officers.
(2) If a sole proprietorship or partnership, the names, addresses and either the social security numbers or complete sets of fingerprints of the sole proprietor or each partner, whether limited or otherwise.
(3) In order to be eligible for an agency license, each of the persons identified pursuant to subsections (A)(1) and (2) above must meet the following qualifications:
(a) Be citizens of the United States;
(b) Have attained the age of 21;
(c) Not have been dishonorably discharged from any branch of the United States military;
(d) Not have been convicted of or currently under indictment for any of the following: a felony; illegally using, carrying or possessing a deadly weapon as defined in KRS 500.080(4); impersonation of a law enforcement officer or employee of the United States, or any political subdivision thereof; the illegal use, sale or possession of a controlled substance as defined in KRS Chapter 218A; or any crime of moral turpitude. An applicant shall have satisfied this requirement, if in those instances where the foregoing offense was a misdemeanor, conviction occurred at least two years prior to application for the license; or, in those instances where the offense was a felony, the applicant has been granted a pardon or has had his/her civil rights restored and has been specifically authorized to possess a firearm by means of relief granted by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1960, as amended;
(e) Has not been adjudged mentally incompetent by federal court or court of any state or political subdivision, and if so adjudicated, such adjudication has been set aside for fraud or error;
(f) Has not been hospitalized for psychiatric treatment or for drug or alcohol abuse treatment within the past two years, and if so hospitalized, will provide a written statement from a licensed and qualified physician or clinical psychologist verifying that he or she is mentally and emotionally fit for the duties of an armed security officer.
(4) The applicants must provide evidence of insurance issued by an insurer authorized to do business in the Commonwealth of Kentucky, naming the proposed agency as insured in the amount of $100,000 property damages, $1,000,000 for injury of death of one person, and $3,000,000 for injury of death of more than one person per incident arising out of the operation of such agency. An agency providing the Director with demonstrable proof that the agency has sufficient assets to indemnify itself against liability to the extent listed above shall be deemed to be in compliance with this subsection.
(B) Within 60 days after receipt of all information necessary for the completion of the application, the Director shall either issue a license to the applicant or notify the applicant of the denial of the license application. Failure by the applicant to provide the necessary application information required by this chapter within 14 days of notice of such deficiency by the Director shall result in denial of the application.
(C) The Director shall issue a license to any applicant who meets the qualifications set forth herein; however, no license shall be issued upon a finding by the Director of any of the following:
(1) The applicant, or any person required to be identified in the application under § 124.03 has committed any act, which if committed by a licensee, would be grounds for the revocation of a license under this chapter;
(2) That while unlicensed, an applicant or any person required to be identified in the application under § 124.03, knowingly and willingly engaged in the business of providing the services of armed security officers;
(3) The existence of a material misstatement or omission in the application for a license; or
(4) The applicant uses any designation or trade name, which implies in the opinion of the Director an association with any municipal, county, state or federal government, or any agency thereof.
(D) The Director, when satisfied of the applying agency’s compliance with this chapter, shall issue a license fee upon payment of a $100 nonrefundable license fee.
(1) The license shall be valid for a period of one year and shall be renewable annually upon submission of a new application and upon the payment of the $100 license fee and posting of insurance in accordance with requirements of this chapter.
(2) Within 72 hours after receipt of the agency’s license, the agency shall cause such certificate to be posted and to be displayed at all times in a conspicuous place in the principal office of the agency within Louisville Metro.
(3) No license issued to an agency in accordance with the terms of this chapter shall be transferable.
(E) The authority conferred upon an agency by a license shall cease immediately upon its revocation. Each license shall be surrendered to the Director within 72 hours after it has been revoked or after the agency ceases to do business. If, however, the Director or a court of competent jurisdiction has before it any matter relating to the renewal, revocation or transfer of an agency license, the agency shall not be required to surrender the certificate until the matter has been adjudicated and all appeals have been exhausted.
(F) Any agency whose license is suspended or revoked by the Director may request a hearing before the Director in accordance with the procedures set forth in § 124.11 of this chapter.
(1994 Jeff. Code, § 124.03) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006; Lou. Metro Am. Ord. No. 58-2016, approved 4-29-2016 and effective 7-28-2016; Lou. Metro Am. Ord. No. 218-2017, approved 12-8-2017)