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A. An alarm agent license application shall include the following information about the applicant:
1. The name of the applicant and any alias or other name, used by or by which the applicant has been previously known, his or her current residence and business addresses, telephone numbers, including facsimile numbers, and e-mail addresses, if applicable.
2. The name, business address and business telephone number of the alarm business where the applicant is or will be employed.
3. Proof that the applicant is at least eighteen (18) years of age, as indicated on a current driver license with picture, or other picture identification document issued by a governmental agency.
4. Height, weight, color of eyes and hair and date of birth of the applicant.
5. Two (2) current two-inch by two-inch (2" x 2") photographs of the applicant.
6. The applicant's employment history for the five (5) year period immediately preceding the date of the filing of the application.
7. Information as to whether, in this city or elsewhere, the applicant has ever been refused or denied any similar license or permit, or has had any similar permit or license revoked, canceled, or suspended and the reason or reasons for the revocation, denial, cancellation or suspension.
8. Whether or not the applicant has ever been convicted of a crime, regardless of whether the conviction was later set aside or expunged, in any domestic, foreign or military court. "Crime" means any and all felonies, misdemeanors and serious driving offenses, including driving under the influence of intoxicating liquor or drugs, reckless driving, driving on a suspended, revoked, canceled or refused driver's license, or any driving offense for which the possible penalty includes jail time. "Crime" does not include minor or civil traffic offenses. "Convicted" means having plead guilty or no contest to a crime, having been found guilty of a crime, or having been sentenced for a crime, whether incarcerated, placed on probation, fined or having received a suspended sentence. An applicant shall also answer "yes" to this question, even though he or she has not been convicted of a crime, if the applicant is presently pending trial or other court proceeding for a crime.
9. One (1) full set of fingerprints on fingerprint cards, or fingerprint data, as provided in section 7-455. Fingerprints or fingerprint data must be submitted on fingerprint cards provided or approved by the licensing jurisdiction, but may be taken by any law enforcement or authorized government agency.
10. A list of all Arizona counties, cities or towns where the applicant conducts business.
11. Such other information, evidence, statements or documents as may be deemed by the finance director to be reasonably necessary to process and evaluate the application or renewal.
B. Applicants for alarm agent licenses, or applicants for renewal of such licenses, shall notify the finance director, in writing, of any change in the information contained in the license application or renewal application. Notification shall be given to the finance director within fifteen (15) calendar days of the occurrence of the change.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. As a condition of the issuance of licenses pursuant to this article, the finance director shall require each applicant and controlling person to furnish one (1) full set of fingerprints, or fingerprint data, to enable the police department to conduct a criminal background investigation to determine the suitability of the applicant or controlling person.
B. The finance director shall immediately transmit all completed applications to the chief of police, who shall investigate an application and the background of the applicant and make a recommendation to the director for approval or denial of a license. This recommendation shall be completed within twenty (20) days of receipt of the application. The police department shall submit or electronically transmit all completed fingerprint cards to the department of public safety to conduct a statewide criminal history check. The applicant or controlling person shall bear the cost of conducting the criminal background investigation. The cost shall not exceed the actual cost of obtaining the criminal history information. Criminal history records checks shall be conducted pursuant to A.R.S. § 41-1750 and Public Law 92-544, as amended. The department of public safety is authorized to exchange the submitted fingerprint card information with the Federal Bureau of Investigation for a National Criminal History Records check.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. The following fees are non-refundable, nontransferable, and will not be prorated.
1. Initial license application fee:
(a) Primary alarm business . . . . . $200.00
(b) Reciprocal alarm business . . . . . 75.00
(c) Alarm agent . . . . . 70.00
2. License renewal fee:
(a) Primary alarm business . . . . . 20.00
(b) Reciprocal alarm business . . . . . 10.00
(c) Alarm agent . . . . . 20.00
3. The current cost of obtaining from the Arizona Department of Public Safety and the Federal Bureau of Investigation criminal history information.
4. Duplicate license fee . . . . . $10.00
B. Alarm business licenses shall state whether they are primary alarm business licenses or reciprocal alarm business licenses. The primary alarm business license or reciprocal alarm business license, as applicable, shall be at all times conspicuously displayed at the alarm business's central station or office.
C. Alarm agent licenses shall be carried on the person of an alarm agent at all times while so employed and the alarm agent shall display the license to any police officer or authorized representative of this city upon request.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. The holder of a primary alarm business license, reciprocal alarm business license or alarm agent license shall renew the license annually by submitting a renewal application containing the information listed in section 7-453 or 7-454, as applicable, and paying the required renewal fee and the costs for a criminal history investigation. The holder of a reciprocal alarm business license, as a condition of renewal, shall also submit a copy of the approved primary alarm business license upon which reciprocity is based.
B. Applications for license renewal shall be filed with the finance director not later than ninety (90) days prior to the expiration of the license currently in effect. Applications for license renewal shall not be accepted after ninety (90) days prior to the expiration date of the license. In the event that a license expires without the licensee having submitted a timely application for renewal, the holder of the expired license must file a new application for initial license and shall comply with all of the requirements provided herein for obtaining an initial license.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. The finance director will issue a license provided for by this article to an applicant, or renew a license, if applicable, when the following conditions of the applicable licensing provisions have been fully satisfied:
1. All application requirements have been met, including any criminal history background checks and fingerprint requirements.
2. All fees have been paid in full.
3. No grounds for denial listed in this section exist.
B. The finance director shall deny a license or deny the renewal of a license if, at the time of the filing of an original application or a request for renewal, the finance director has reasonable grounds to believe that an applicant, licensee or controlling person:
1. Has been previously convicted, in any jurisdiction, of a felony or a misdemeanor involving fraud, theft, dishonesty, moral turpitude, physical violence, assault, indecent exposure, illegal use or possession of a deadly weapon, or a violation of A.R.S. title 13, chapter 34 (drug offenses, including but not limited to those relating to possession, sale or other conduct involving marijuana, narcotic drugs, precursor chemicals and prescription drugs), or offenses committed in another jurisdiction, which if committed in Arizona would be in violation of A.R.S. title 13, chapter 34, within the five-year period immediately preceding the filing of an original application or a request for renewal, whether or not the conviction or convictions have been expunged from court records pursuant to law.
2. Has prepared or filed an application or request for renewal which contains any false or misleading information, submitted false or misleading information in support of such application or request, or failed or refused to make full disclosure of all information required by this article.
3. Has had a license relating to alarm businesses or agents, as applicable, or a license of similar character, issued by another authority, suspended, canceled or revoked within the five- year period immediately preceding the date of the filing of the application.
4. Has violated a provision of this article, or has committed any act which, if committed by a licensee, would be grounds for the denial or revocation of a license pursuant to this article.
C. Notice shall be given of any denial of a license application, or a request for renewal, in writing, either by hand-delivery or by mail, to the address of record. The notice shall include the reasons for denial of the license or license renewal.
D. Should an applicant be denied a license, the applicant may, within five (5) days of the notice of denial from the director of finance, file a petition for review in the city court. The petition for review shall be as set forth in section 7-460 relating to petitions seeking suspension or revocation of a license, with the exception that the sole basis for the magistrate, special magistrate or limited special magistrate to overturn the decision of the finance director shall be a finding of factual error as to the enumerated grounds for denial of the license contained in this section.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
The finance director may suspend or revoke any primary or reciprocal alarm business or alarm agent license, when the finance director has reasonable grounds to believe any of the following:
1. The licensee, or any controlling person, has violated any of the grounds for denial of a license.
2. The licensee or any controlling person has failed to comply with the requirements of this article, including failure to provide changes in license information, as required.
3. The licensee has failed to comply with the requirements of this article relating to alarm business or alarm agent responsibilities, false alarms or assessments.
4. The licensee has failed to maintain in good standing all licenses or permits which are required pursuant to this article to hold a primary or reciprocal alarm business license, or alarm agent license, as applicable.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. The director of finance, upon notification by the chief of police or the city attorney that grounds for suspension exist, shall file a written petition for suspension with the city court, requesting that a time and place be set for a hearing and specifying the grounds for suspension per section 7-459.
B. Within five (5) days of receipt of a petition, a magistrate, special magistrate or limited special magistrate shall schedule a hearing, which shall be conducted within fifteen (15) days of the receipt of the petition to suspend or revoke. The magistrate, special magistrate or limited special magistrate shall notify the parties in the manner provided in subsection (f) and shall state the grounds relied upon for the proposed suspension.
C. Should the licensee fail to appear at the hearing, a default judgment of suspension shall be entered.
D. A record shall be kept of all proceedings. The Arizona Rules of Evidence shall not apply. Any evidence offered shall be admitted subject to a determination by the magistrate, special magistrate or limited special magistrate that the offered evidence is relevant and material and has some probative value as to a fact at issue.
E. No license shall be suspended unless grounds therefore are established by a preponderance of the evidence. The magistrate, special magistrate or limited special magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. The magistrate, special magistrate or limited special magistrate's signing of the written notice of the decision shall effect the suspension of a license.
F. A licensee's right to operate an alarm company or act as an alarm agent under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of the signed decision suspending the license; except that the suspension may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to suspend is signed unless the decision is mailed, in which case the appeal must be filed no late than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the suspension becomes final.
G. Notices required by this article shall be served by certified mail to the licensee's attorneys or to the licensee at the address as shown on the licensee's license, or by personal service.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
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