SECTION:
5.44.010: Definitions
5.44.020: License; Required
5.44.030: License; Application
5.44.040: Standards For Issuance Of Licenses
5.44.050: Conditions Of Licensing
5.44.060: Bond Required
5.44.070: Impersonation Of Police
5.44.075: Identification Card
5.44.080: Authority Limited
5.44.090: License; Revocation
For the purposes of this chapter, the following terms shall have the meanings set out in this section:
MERCHANT SECURITY GUARD: Any person employed by a merchant security guard business for the purpose of observing, guarding, patrolling or protecting any premises, property or persons.
MERCHANT SECURITY GUARD BUSINESS: Any nongovernmental person, partnership or corporation which, for remuneration, observes, guards, patrols or protects any premises, property or persons, or provides security guards for such use. This term does not include any person, partnership or corporation employed exclusively by one employer for the purpose of protecting, patrolling or guarding the property of that employer.
PRIVATE INVESTIGATOR AGENCY OR DETECTIVE AGENCY: Any nongovernmental person, firm, partnership or corporation which, for remuneration, investigates to obtain information regarding: the habits, movements, whereabouts, creditability, reputation or character of persons, firms or corporations; the location of lost or stolen property; information for the trial of any criminal or civil action. This term does not include any person, firm, partnership or corporation employed exclusively by one employer in regard to the sole affairs of that employer.
PRIVATE INVESTIGATOR OR DETECTIVE: Any person employed by a private investigator agency or detective agency for investigative purposes. (Prior code § 5-22-1)
A. Any person, partnership or corporation who engages in the business of a private investigator agency or detective agency or a merchant security guard business within the corporate limits of the city shall be licensed by the city as provided in this chapter. The fee for the agency or business license shall be one hundred dollars ($100.00) per year.
B. Any person employed by a private investigator or private detective business or by a security guard business within the corporate limits of the city shall be licensed by the city as provided in this chapter. If application is made at least thirty (30) days prior to expiration of the license, a licensee may renew the license; provided, however, that any person who is a sole proprietor of such a business shall not be required to obtain a separate individual license after obtaining the business license. Fees for such initial or renewal license shall be in an amount established by resolution of the city council.
A license shall be renewed or a new one issued if application is made after the deadline every year any such licensee continues to engage in such work. If an applicant is to carry a firearm at any time as part of employment, authorization to do so shall be noted on his license, provided he has met the standards to do so as expressed in section 5.44.040 of this chapter. This authorization shall be renewed every year a licensee continues to engage in such work. Carrying of a firearm while so working without authorization shall be both grounds for revocation of license and a misdemeanor. Any person licensed under this chapter shall immediately report any discharge of his firearm within the city in connection with employment under this chapter to the chief of police, who may require a written report in regard to such a firearm discharge.
(Ord. 3094, 2022: Ord. 2697 § 4, 2002: Ord. 2654 § 2, 2000: Ord. 2544 § 1, 1996: 1983 Code: prior code § 5-22-2)
A. Forms: Applications for licenses issued under this chapter shall be made upon blank forms prepared and made available by the chief of police. Applications for a private investigator or detective business or a security guard business shall indicate:
1. The full name, age, residence, present and previous occupations of the applicant;
2. Whether the person signing the application is a citizen of the United States;
3. A specific description of the location of the principal place of business of the applicant;
4. The number of years' experience the applicant has had in the field related to the license;
5. Such other information as the chief of police shall find reasonably necessary to effectuate the general purpose of this chapter and to make a thorough determination of whether the terms of this chapter have been complied with;
6. The application required in this chapter shall be accompanied by a full set of fingerprints and a recent photograph of applicant taken by the police department;
7. If the applicant is a firm or partnership, the application shall be signed and verified by each individual composing or owning such firm or partnership. All of the above information may be required of each such individual;
8. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and any information required above may be required of each said officer and of any duly authorized local agent.
B. Filed By All Persons Employed: Applications must be filed by all persons employed by a private investigator or detective agency and by all persons employed by a security guard business. These applications must indicate:
1. The full name, age, residence, length of time at present residence, present and previous occupations of the applicant;
2. Whether the person signing the application is a citizen of the United States;
3. The number of years' experience the applicant has had in the field related to the license;
4. Such other information as the chief of police finds reasonably necessary to effectuate the general purpose of this chapter and to make a thorough determination of whether the terms of this chapter have been complied with;
5. The application required in this chapter shall be accompanied by a full set of fingerprints and a recent photograph of the applicant taken by the police department.
C. Criminal History Checks: The applicant shall provide fingerprints and information necessary to obtain criminal history information from the Idaho state police and the federal bureau of investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment public law 92-544, the staff shall submit a set of the applicant's fingerprints and the required fees on forms prescribed by the state to the Idaho state police, bureau of criminal identification (or any other agency which may hereafter be so authorized in its place by the state) for a criminal records check of state and national databases. The licensing department and the police department shall receive the information from the Idaho state police and from the federal bureau of investigation and shall use it to evaluate the fitness of applicants for the licenses, pursuant to standards and criteria separately set out in this title. Further dissemination or other use of the criminal history information is hereby prohibited, as also specified by state and federal law. (Ord. 2687 § 3, 2002: prior code § 5-22-3)
A. Within fifteen (15) days after receipt of an application, the chief of police shall cause an investigation to be made of the applicant and his proposed operation. The chief of police shall issue a license under this chapter when he finds:
1. The applicant is of good moral character;
2. The applicant has never pled guilty to or been found guilty of any felony;
3. The applicant is a natural born or fully naturalized citizen of the United States;
4. If an applicant has additionally applied for a license to carry a firearm he shall supply to the chief of police proof that he has passed the National Rifle Association's firearm short course within the preceding twelve (12) months. The chief of police may in his professional discretion accept alternative equivalent proof of firearm proficiency. Such equivalent firearm proficiency shall consist solely of proof that the applicant has passed, within the preceding twelve (12) months, a firearm course or test with standards for passage equal to or greater than those specified by the National Rifle Association's firearms short course. Each individual granted a license to carry a firearm under this chapter shall thereafter furnish continuing proof of his firearm proficiency by means of one of the aforementioned methods at least once every succeeding twelve (12) months.
B. The chief of police shall act upon any application within fifteen (15) days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within fifteen (15) days after the date upon which the application was filed, a notice of his action stating the reasons for denial of the license. Any person aggrieved shall have the right to appeal to the city council the denial of any license to be issued under the provisions of this chapter. The aggrieved person must file an appeal with the city clerk within fifteen (15) days of the date notice of denial is mailed. (1983 Code: prior code § 5-22-4)
A. Transferability: Licenses issued under this chapter shall not be transferable.
B. Revocation And Suspension: Licenses issued under this chapter shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of this chapter or misconduct by the licensee or his employees, after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify any licensee, by personal service, of such suspension or revocation.
C. Term Of License: All licenses issued under this chapter shall be issued on a calendar year basis and shall be valid from January 1 through December 31. License fees shall not be prorated. (Ord. 2447 § 13, 1993: prior code § 5-22-5)
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