Loading...
For the purpose of this Article, the term "Fixed Patrol" shall mean a person, firm or corporation licensed by the State of California, who or which agrees to furnish, or furnishes, a watchman, guard, patrolman or other person to protect persons or property or to prevent theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind, remains at a fixed location and does not utilize the public streets during the course and scope of such employment, except for incidental use of the streets by a fixed patrol operator, or his employee, solely for the purpose of traveling from one location owned or operated by a client to another location owned or operated by the same client, or for the purpose of supervising employees of a fixed patrol operator, or for incidental use of the streets reasonably necessary to accomplish the purpose of the fixed patrol service.
(Added by Ord. 312-72, App. 11/2/72)
For the purpose of this Article the term "Street Patrol" shall mean any person, firm or corporation who furnishes or agrees to furnish, for any consideration whatsoever, any of the services enumerated in Section 1750.1 of this Article and utilizes the public streets to perform such services and is licensed by the State of California to perform such services or is employed by a person so licensed.
(Added by Ord. 312-72, App. 11/2/72)
For the purpose of this Article the term "Private Watchman" shall mean a person who is appointed a Special Police Officer pursuant to the provisions of Section 3.535 of the Chapter, and is directly employed by one person, firm or corporation to perform any of the services enumerated in Section 1750.1 of this Article, and who shall, in the performance of his duties, remain on or immediately adjacent to the property of his employer.
(Added by Ord. 312-72, App. 11/2/72)
(a) The true name and address of the applicant and of all persons financially interested in the operation of the fixed patrol or street patrol business.
(b) The date, place of birth and citizenship of all such persons.
(c) The past criminal record, if any, of all such persons.
(d) The fingerprints of all such persons.
(e) The area of the City and County of San Francisco, or the portion thereof, in which the applicant proposes to provide street patrol service.
(f) The number and description of motor vehicles proposed to be used by applicant.
(g) The description and serial number of the firearms to be used by applicant and his employees.
(h) Proof of insurance coverage as provided in Section 1750.14 of this Article.
(i) Whether the applicant requests a street patrol registration, a fixed patrol, or private watchman registration.
(j) If the applicant is a corporation, the application shall set forth the name of the corporation exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall apply.
(k) Subsection (d) of this Section shall not apply to any of the following:
(1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York.
(2) A bank, trust company, financial institution, or title company to which application is made or to whom a license is issued in a fiduciary capacity.
(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
Upon receipt of an application, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the applicant and persons financially interested in the fixed patrol service or street patrol service for which registration is sought and as to the proposed territory of the City and County of San Francisco, or portions thereof, within which the street patrol service is to be conducted.
(Added by Ord. 312-72, App. 11/2/72)
The Chief of Police may refuse registration if it is found that the applicant or any person financially interested in the operation of the fixed patrol business or street patrol business is a person of bad moral character. For this purpose the Chief of Police may, in his discretion, consider any facts or evidence which he believes is relevant and will reflect on the moral fitness and reputation of those who will be in charge of such fixed patrol or street patrol business.
Should the Chief of Police refuse registration, the applicant for a street patrol business or private patrol business may appeal in the same manner as provided for revocation in Section 1750.12 of this Article.
Upon granting the registration application, the Chief of Police, or the Police Commission on appeal, shall designate the portion or portions of the City and County of San Francisco within which such street patrol business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as are necessary to meet local needs and are not inconsistent with the provisions of the California Business and Professions Code; provided, however, that no person shall be allowed to register as a fixed patrol business or a street patrol business who is not licensed under the provisions of said Code. Such registration shall be disapproved where the territory sought has been allocated to a patrol special officer appointed pursuant to Section 3.536 of the Charter of the City and County of San Francisco; provided, however, such patrol special officer shall not be licensed as a fixed patrol operator.
(Added by Ord. 312-72, App. 11/2/72)
Upon granting the registration application, the registrant shall furnish the Chief of Police with the names of those who are or will be engaged in street patrol, on a form provided therefor. The form shall contain the following information:
(a) The true name and address of the employee.
(b) The date of birth and citizenship of such person.
(c) The past criminal record, if any, of such person as stated by the employee, including a signed statement of the employee that the information in (a), (b) and (c) is true and correct.
(d) The fingerprints of such person.
(e) The serial number and description of each firearm owned by such employee and carried in the course and scope of his duties.
(f) Such other information as may be deemed relevant by the Chief of Police or Police Commission.
(g) Recent photograph of such employee.
Upon receipt of the names of the employees who will be engaged in street patrol service, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the Chief of Police, after a noticed hearing, find that the character and morals of such employee are such as to constitute a danger to the public if said employee were to be utilized in street patrol services, the registrant shall not thereafter utilize such employee for street patrol service.
Any applicant for registration under this Section who is dissatisfied with the decision of the Chief of Police may file an appeal with the Secretary of the Police Commission within five days. The Police Commission shall thereupon fix a date for hearing the appeal which date shall not be more than 10 days from the date of filing said appeal. The Police Commission may affirm, modify or reverse the decision of the Chief of Police.
(Added by Ord. 312-72, App. 11/2/72)
Upon granting the registration application, the Chief of Police shall require the registrant to furnish the names of employees of the registrant who are or will be engaged in fixed patrol on a form provided therefor and shall contain the same information as required in Section 1750.6 of this Article.
Upon receipt of the names of the employees who will engage in fixed patrol services, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the Chief of Police, after a duly noticed hearing, find that the character and morals of such employee would constitute a danger to the public if said employee were to be utilized in fixed patrol services, the registrant shall not thereafter utilize such employee for fixed patrol service.
Any applicant for registration as a fixed patrol employee who is dissatisfied with the decision of the Chief of Police may appeal as provided in Section 1750.6 of this Article.
A fixed patrol business registered under this Article may utilize an employee without complying with Section 1750.7 of this Article for a period not exceeding two weeks where, because of any event described in Section 409.5 of the Penal Code of the State of California or because of an extensive public gathering, the services required of the fixed patrol business cannot be performed without an immediate increase of personnel. Such fixed patrol business shall, not later than completion of the employee's first tour of duty, notify the Chief of Police in writing of the names of the employees so utilized and justification of their use without complying with Section 1750.7 of this Article.
(Added by Ord. 312-72, App. 11/2/72)
Loading...