Loading...
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)
The finance director shall transmit, by facsimile, notice of the suspension or revocation, when such action is final, to all counties, cities, and towns listed on the licensee's application. The suspension or revocation of a primary alarm business license shall result in the same action being taken as to all reciprocal alarm business licenses which are derived from that primary alarm business license.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
No person, association, firm, corporation or other legal entity may apply for any license required under this article within one (1) year from the denial of any such license to such applicant, or from the non renewal or revocation of any such license, unless the cause of such denial, revocation or non-renewal has been, to the satisfaction of the finance director, removed within such time. This section shall be inapplicable to denials of applications or renewal when the reason for denial was for an administrative, technical or otherwise nonmaterial reason.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
A. An alarm agent who terminates employment with an alarm business shall immediately surrender the alarm agent license to the finance director.
B. An alarm agent who terminates employment with an alarm business to change employment to another alarm business licensee shall notify the finance director of the transfer, in writing, within fifteen (15) calendar days of the change in employment.
C. An alarm business may cancel an alarm business license by filing a notice of cancellation of the license with the finance director. The notice of cancellation shall include the effective date of the cancellation. In the event of the cancellation of a primary alarm business license, notice shall be given to all jurisdictions in which reciprocal alarm business licenses have been issued and are active. Reciprocal alarm business licenses shall be canceled as of the effective date of the cancellation of the primary alarm business license, unless the licensee requests the license be cancelled sooner.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
It shall be unlawful for any person to violate any provision of this article, or to operate or act as an alarm company, monitoring company or alarm agent on a revoked or suspended license or without a license. Each day the violation continues shall constitute a separate offense.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)
DIVISION 2. ALARM USER REGISTRATION AND FEES
Loading...