(A) Each applicant for an armed security officer's license shall provide the following information on the application:
(1) Name, address, phone number, date of birth, and either social security number or a complete set of fingerprints.
(2) All prior residences for the last five years.
(3) Record of military service, if any.
(4) Any other information deemed necessary by the Director.
(B) To be eligible for an armed security officer's license issued by the Director, an applicant shall meet the following qualifications:
(1) Be a citizen of the United States;
(2) Be at least 21 years old;
(3) Not have been dishonorably discharged from any branch of the United States military;
(4) 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 or 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;
(5) Have not been adjudged mentally incompetent or currently under charge thereof, by a federal court or court of any state or political subdivision, and if so adjudicated, such adjudication has been set aside for fraud or error;
(6) Have 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;
(7) Have successfully completed an approved training course in conformity with § 124.08 of this chapter.
(C) Applicants who reside in Kentucky shall be required to hold a valid license to carry a concealed deadly weapon (“CCDW”) pursuant to KRS 237.110. The Kentucky applicant must provide proof from the Commonwealth of Kentucky that he or she has a valid CCDW, and shall continue to hold such license at all times licensed as an Armed Security Officer. Applicants who reside outside of Kentucky shall attest that he or she has never been adjudged mentally incompetent in an affidavit form provided by the Director.
(D) Within 30 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.
(E) The Director shall issue a license to any applicant who meets the qualifications set forth herein; however, the Director shall deny a license to any applicant upon a finding by the Director of any of the following:
(1) The applicant individual has committed any act, which if committed by a licensee, would be grounds for the revocation or suspension of a license under this chapter;
(2) That while unlicensed, an applicant knowingly and willfully provided services as an armed security officer;
(3) The applicant made a material mis- statement or omission in the application for a license.
(F) The Director shall issue a license to any applicant who meets the qualifications set forth in subsections (A) and (B) of this section and who presents to the Director satisfactory evidence of permanent employment with a licensed agency or registered company provided, that the applicant:
(1) Has a minimum of one year's experience as an armed law enforcement officer with local or state government or with United States military, said experience occurring within three years prior to the date of application for the license;
(2) Has successfully completed a course from a training program recognized by the Director as being satisfactory and meeting the curriculum and testing requirements as set forth in § 124.08; or
(3) At the time of application for the officer's license has been commissioned under the provisions of KRS 61.900.
(G) No license issued to an armed security officer in accordance with the terms of this chapter shall be transferable to another individual.
(H) Persons who, at the time of their employment as armed security officers, are also sworn police officers in good standing of any unit of local government and who have completed within one year of their employment as sworn police officers a basic training course of at least 400 hours duration at a school certified or recognized by the Kentucky Law Enforcement Council are not required to be licensed by the Director in order to perform as armed security officers. Nothing herein shall relieve any agency or company, which employs sworn police officers as armed security officers from its responsibility to comply with the insurance provisions as set forth in § 124.04 of this chapter. Nothing herein shall be construed to exempt from the licensing requirements of this chapter any armed security officer who is specially commissioned as a peace officer pursuant to KRS 61.360, KRS 61.900 or KRS 95.160.
(I) The Director may suspend or revoke any license issued under this chapter if it is found that the licensee has:
(1) Made any false statement or given any false information in connection with a request for a license under this chapter;
(2) After issuance of a license, becomes ineligible or failed to meet the requirements of this chapter to be an armed security officer;
(3) The authority conferred upon an armed security officer by a license under this chapter shall cease immediately upon suspension or revocation of such license; or
(4) Upon the suspension or the revocation of any armed security officer's license, the Director shall provide written notice to the agency or company employing the individual of the suspension or revocation. The notice shall advise the agency or company that further employment of that individual is violative of this chapter and shall set forth the penalties for such violation.
(J) Any armed security officer 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. Each license issued to an armed security officer shall be surrendered to the Director within 72 hours after it has been suspended, revoked or denied.
(1994 Jeff. Code, § 124.05) (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)