HomeMy WebLinkAbout2429ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles
amending the business license regulations
for private security firms and peddlers
and amending Chapters 14 and 15 of Ordinance
2050 and Chapters 5.56 and 5.60 of the
Port Angeles Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. Section 1, Chapter 14, Ordinance 2050, and
Section 5.56.010 of the Port Angeles Municipal Code is hereby
amended to read as follows:
5.56.010 Definitions. The following definitions shall
apply to the provisions of this Chapter:
A. "Hawker" means any person selling or offering for sale,
any goods, wares or merchandise, articles, things or personal
property of whatever nature or description, including processed
food, except newspapers, by peddling the same from house to house
or upon any street, highway or public place, who shall make
public outcry or give any musical or other public entertainment
or make any public speech to draw customers.
B. "Peddler" means any person who carries goods, wares or
merchandise, articles, things or personal property of whatever
nature or description, including the sale of processed food, from
house to house, place to place or upon any street, highway or
public place within the City, for sale, while soliciting the same
for sale, is defined to be peddler in the meaning of this Title;
provided, however, that any farmer selling food, farm or dairy
products shall be exempt from the terms of this Title pursuant to
RCW 36.71.090; and provided further that charitable solicitations
as defined in PAMC 5.16.010 shall be exempt from the terms of
this Chapter.
Section 2. Chapter 15 of Ordinance 2050 and Chapter
5.60 of the Port Angeles Municipal Code are hereby amended to
read as follows:
Sections:
5.60.010
5.60.020
5.60.030
5.60.040
5.60.050
5.60.060
5.60.070
5.60.080
5.60.090
Chapter 5.60
PRIVATE SECURITY FIRMS
Definitions.
License - Required.
Exemptions.
License - Application.
Licensees - Performance of Duties.
Licensee - Background Check.
License - Scope - Classification.
License - Fees.
License - Denial.
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Sections (Cont'd):
5.60.100 License - Revocation, Suspension
5.60.110 New Officers.
5.60.120 Licensee Responsible for Conduct of Employee.
5.60.130 Emergency Equipment.
5.60.140 Certain Practices Prohibited.
5.60.150 Uniforms - Approval Required.
5.60.160 Divulgence of Information.
5.60.170 Advertisements - Solicitation of Business.
5.60.180 Surety Bond Required.
5.60.190 Insurance Coverage Required.
5.60.200 Bond, Insurance - Failure to File.
5.60.210 Branch Offices.
5.60.220 Registration - Requirements.
5.60.230 Licensees, Registrants - Knowledge, Ability
to use Firearms.
5.60.240 Registration - Exempt Employees.
5.60.250 Registration - Denial, Suspension or
Revocation.
5.60.260 Registration - Issuance.
5.60.270 Registration - Termination of Employment.
5.60.280 Registration - Fee.
5.60.290 License, Registration, Permit - Renewal.
5.60.300 Violations - Enforcement.
5.60.010 Definitions. The following definitions shall
apply to the provisions of this Chapter:
A. "Accident investigation" means investigation by a
rivatel em lo ed •erson(s) for the •ur•ose of obtainin• informa
tion concerning accidents.
BA. "Contract guard or patrol agencies" means any person
who provides privately employed guards or patrolmen for a fee.
CB. "Contract investigative agency" means any person who
provides private investigative services or accident investigation
services for a fee, except individuals investigating bodily
injury or property damage actions under the supervision of a
licensed attorney.
DE. "Credit investigation agencies and credit investigators
means businesses and persons who conduct investigations primarily
to furnish information as to the business and financial standing
and credit responsibility of persons, firms or corporations.
EB. "In -house guard forces" means private guard services
exclusively in connection with the affairs of the one business
that employs them.
FE. "In -house investigative forces" means private investiga
tive services exclusively in connection with the affairs of the
one business that employs them.
GF. "Permanent employee" means all personnel employed by a
private security licensee for more than forty -five calendar days
in any year.
He. "Private guards" means persons who, by any means, in-
cluding the monitoring of intrusion alarms, protect or attempt to
protect persons or property from damage, injury, loss, or any
criminal act and includes "guard dogs ", "watchmen ", "security
officer ", "protective agent ", "merchant guard ", and "special
officer ".
IH. "Private investigation" means investigations by a
privately employed person(s) for the purpose of obtaining informa
tion concerning:
1. Crimes or wrongs, done or threatened;
2. The identity, habits, conduct, movements, where-
abouts, associations, transactions, credibility, reputation,
employment history, criminal record, or character of any per -
son(s), group, or business, for any purpose;
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3. The location of lost or stolen property;
4. The causes and responsibility for fires, libel,
slander, losses, accidents or injuries; and /or
5. The whereabouts of missing persons.
JI. "Private investigators /detectives" means persons who
conduct investigations for a contract investigative agency,
including undercover agents employed by contract agencies, but
excluding in -house investigative force employees, credit investi-
gators, insurance investigators and adjusters.
KJ. "Private /merchant patrolmen" means persons who perform
the same functions as guards, but do so at a number of different
locations, access to which is accomplished by means of travel on
public property.
LK. "Private security" means all privately employed guards,
investigators, detectives, patrolmen, and any other persons per-
forming similar security functions or services, including the
monitoring of systems for the detection of unauthorized entry, so
called "burglar alarms ".
Mb. "Temporary employee" means all personnel employed by a
private security licensee for less than forty -six calendar days
in any year. (Ord. 2050 Ch. 15 §1, 1- 1 -80.)
5.60.020 License - Required. No person shall operate,
or cause to be operated a contract investigative agency, contract
guard or patrol agency, nor shall he /she advertise, solicit, nor
in any way promise to nor inform anyone that he /she will perform
such services in Port Angeles, without first securing from the
city clerk a business license for such purpose. (Ord. 2050 Ch.
15 §2, 1- 1 -80.)
5.60.030 Exemptions. The provisions of this Chapter
shall not apply to:
A. In -house guard and /or investigators;
B. An officer or employee of the United States of America,
or of this State or a political subdivision thereof, while the
employee or officer is engaged in the performance of official
duties;
C. A person engaged exclusively in the business of obtain-
ing and furnishing information in relation to the financial rat-
ing of persons;
D. An attorney -at -law in performing his duties;
E. Insurers, agents, and insurance brokers licensed by the
state, performing duties in connection with insurance transacted
by them. (Ord. 2050 Ch. 15 §3, 1- 1 -80.)
5.60.040 License - Application.
A. In addition to all other information required of an
applicant for a business license, an applicant for a private
security firm license shall provide the following information:
1. Name under which the applicant intends to do
business;
2. A statement as to the general nature of the
business in which the applicant intends to engage;
3. Whether or not a firearm or other weapon is to be
used in connection with the applicant's duties as a licensee;
4. A statement as to the classification under which
the applicant desires to be qualified;
5. The full name and residence address of each of its
officers, partners, and directors, if the applicant is an entity
other than an individual;
6. Three recent photographs of the applicant, of a
type to be prescribed by the City Clerk;
7. A classifiable set of fingerprints;
8. A statement of experience qualifications;
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9. Employment history for five years preceding the
date of application;
10. A list of arrests, convictions or confinements;
and
11. Any other information, evidence, statements, or
documents as may be required by the Chief of Police.
B. The applicant for a Class B license, under the provi-
sions of this Chapter, shall be eighteen years of age or older,
fluent in the English language, and have two years experience in
security work determined to be adequate by the Chief of Police.
In the case of a corporate applicant, application shall be made
jointly in the name of the corporation and the individual respon-
sible for activities regulated by this Title and the license
shall be personal to such individual, and such individual shall
meet all requirements of any other applicant. Security work
experience determined to be adequate shall include, but is not
limited to, the following:
1. Two years of active experience in security work
while in the military service;
2. Two years of active experience in public law
enforcement;
3. Successful completion of two years of college
level study in law enforcement, police science, criminology, or
areas of like nature;
4. Successful completion of a course of study which
provides sufficient material to enable students thereof to
operate competently as a licensee under this Chapter;
5. Two years of active experience as a registrant
under the provisions of this Chapter;
6. Any combination of the provisions in this sub-
section acceptable to the Chief of Police. (Ord. 2050 Ch. 15 §4,
1- 1 -80.)
5.60.050 Licensees - Performance of Duties. Licensees
shall perform private security services in such fashion that no
interference with the Port Angeles Police Department will result.
Regarding this end, licensees shall:
A. Recommend to their customers that, in the event of a
police problem, the customer should first call his /her respective
Police Department;
B. If a customer calls about a law enforcement prob-
lem within the City, instruct the customer to call the Department
of Police;
C. Instruct its employees that, if a situation in-
volving possible Department of Police interest is observed, the
employee will immediately notify the Department of Police;
D. If any sign of entry within the City is noticed by
an employee on duty, instruct employees to immediately notify the
Department of Police;
E. Immediately inform the Department of Police upon
any unauthorized entry signal from premises located within the
City;
F. Use all reasonable efforts to inform and advise
their present and prospective officers, directors, partners,
agents, representatives, employees, and all other persons acting
under, for, or on behalf of the licensee, of the provisions of
this Chapter, and direct them to comply therewith. (Ord. 2050
Ch. 15 §5, 1- 1 -80.)
5.60.060 Licensee - Background Check. Each person, as
defined in this Title will be subject to a background check, as
determined by the Chief of Police through the Department of
Police. In the case of persons applying for registration as
temporary employees of a registrant, the background check may be
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limited to an examination of the records of only those law en-
forcement agencies located within Clallam County. The Department
of Police shall send a letter to the City Clerk concerning the
background of the applicant, which may contain any objection or
recommendation as to the application. The Chief of Police may
require fingerprinting or photographs of all applicants for any
licensee described in this Chapter. (Ord. 2050 Ch. 15 §6,
1- 1 -80.)
5.60.070 License - Scope - Classification.
A. No person may engage in any private security operation
outside the scope of his license.
B. For the purpose of defining the scope of licenses, the
following license classifications are established:
1. Class A. Contract investigative agency, covering
operations as defined in subsections CB, JI, and IH of Section
5.60.010, or any of them;
2. Class B. Contract guard or patrol agency, covering
operations as defined in Definitions subsections BA and K3 of
Section 5.60.010, or either of them;
3. Class C. Covering the operations included within
Class A and Class B.
4. Class D. Contract investigative agency, covering
operations as defined in subsections A and C of Section 5.60.010.
(Ord. 2050 Ch. 15 §7, 1- 1 -80.)
5.60.080 License - Fees. Fees for licenses under the
provisions of this chapter are fixed as follows:
A. Class A license, two hundred dollars per year;
B. Class B license, five or more registrants, one hundred
fifty dollars per year, four or less registrants, seventy five
dollars per year;
C. Class C license, three hundred dollars per year.
D. Class D license, twenty -five dollars per year. (Ord.
2050 Ch. 15 §8, 1- 1 -80.)
5.60.090 License - Denial. The City Clerk may deny a
license application, if any applicant has:
A. Committed any act, which, if committed by a licensee,
would be grounds for the suspension or revocation of a license
under the provisions of this Title;
B. Committed any act constituting fraud;
C. Committed any act resulting in conviction of a felony or
any crime involving moral turpitude;
D. A record, based upon reliable evidence, which leads to
the reasonable conclusion that the applicant is not competent to
perform the duties and fulfill the responsibilities of licensee
under the provisions of this Title;
E. Been refused a license under the provisions of this
Title or had a license revoked; provided, however, that any ap-
plicant denied a license under the provisions of this Title may
reapply after six months if the basis for such denial no longer
exists;
F. Been an officer, director, or partner who knowingly
participated or acquiesced in the acts or conduct of any person,
as defined by this Chapter, for which that person was refused a
license, or whose license was revoked under the provisions of
this Title;
G. While unlicensed, committed or aided and abetted the
commission of any act for which a license is required under the
provisions of this Title;
H. Failed to successfully complete the firearms test
required in this Title;
I. Made any false statements in his application; or
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J. Failed to comply with the requirements of Section
5.60.050. (Ord. 2050 Ch. 15 §9, 1- 1 -80.)
5.60.100 License - Revocation, Suspension.
A. The City Manager may suspend or revoke a license issued
under the provisions of this Title if he determines that the
licensee, or any officer, director, or partner of a licensee
have:
1. Made any false statement or given any false in-
formation in connection with an application for a license or a
renewal or reinstatement of a license;
2. Violated any of the provisions of this Title;
3. Been convicted of a felony or any crime involving
moral turpitude;
4. Illegally used carried or possessed a dangerous
weapon;
5. Violated any rule of the Chief of Police adopted
pursuant to his authority contained in this Title;
6. Committed or permitted any employee to commit any
act, while the license was expired, which would be cause for the
suspension or revocation of a license, or grounds for the denial
of an application for a license;
7. Knowingly violated, or advised, encouraged, or
assisted the violation of any court order or injunction in the
course of business as a licensee;
8. Acted as a runner or capper for any attorney;
9. Committed any act which is grounds for denial of an
application for license under the provisions of this Title.
B. The City Manager may suspend or revoke a license issued
under the provisions of this Title if he determines that the
licensee, as an officer, director or partner of a licensee has
knowingly employed, or knowingly has in his /her employment, any
person who:
1. Has committed any act, which, if committed by a
licensee, would be grounds for suspension or revocation of a
license under the provisions of this Chapter;
2. Has been convicted of a felony or any crime
involving moral turpitude;
3. Has a record, based upon reliable evidence, which
leads to the reasonable conclusion that the applicant is not
competent to perform the duties and fulfill the responsibilities
of a registrant under the provisions of this Title;
4. Does not possess a valid registration card issued
under the provisions of this Title;
C. The City Manager may suspend or revoke a license issued
under the provisions of this Title if he determines that the
licensee or an officer, director, partner or employee of a
licensee has committed or used any unfair or deceptive acts or
practices in the course of the licensee's business. Examples of
such acts and practices are:
1. Engaging in retail installment transactions with
members of the public in the State without complying with all
applicable laws;
2. Using a name different from that under which he is
currently licensed on any advertisement, solicitation, or
contract for business;
3. Knowingly making a false report to his employer or
client for whom the information was being obtained;
4. Willfully failing or refusing to render a client
services or a report as agreed between the parties and for which
compensation has been paid or tendered in accordance with the
agreement of the parties, if required by law;
5. Making any false, deceptive or misleading repre-
sentations to members of the public concerning the qualification
of employees and agents of the licensee, the nature or extent of
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the services provided by the licensee, or the costs to members of
the public of services by the licensee;
6. Manufacturing evidence;
7. Knowingly making a false statement relating to
evidence or information obtained in the course of employment, or
knowingly publishing a slander or libel in the course of
business;
8. Accepting employment adverse to a client or former
client relating to a matter with respect to which the licensee
has obtained confidential information by reason of or in the
course of his employment by such client or former client. (Ord.
2050 Ch. 15 §10, 1- 1 -80.)
5.60.110 New Officers. Applications, on forms pre-
scribed by the City Clerk, shall be submitted by all new officers
or partners. The City Clerk may suspend or revoke a license
issued under the provisions of this Title if he determines that
at the time the person becomes an officer or partner of a
licensee, any of the facts in sections dealing with the denial of
license or revocation and suspension of license exists as to such
person. (Ord. 2050 Ch. 15 §11, 1- 1 -80.)
5.60.120 Licensee Responsible for Conduct of Employees
A licensee shall at all times be legally responsible for the good
conduct of each employee while on duty. (Ord. 2050 Ch. 15 §12,
1- 1 -80.)
5.60.130 Emergency Equipment. It is unlawful for any
licensee, or his agents, to use emergency equipment, such as
sirens and flashing red or blue lights, on vehicles owned or
operated by the licensee, except as specifically authorized or
licensed by the State or any of its political subdivisions.
(Ord. 2050 Ch. 15 §13, 1- 1 -80.)
5.60.140 Certain Practices Prohibited.
A. It is unlawful for a licensee to represent to members
of the public in any way, either directly or indirectly or by
implication, that the licensee is an official or semiofficial law
enforcement organization or that employees, agents or solicitors
of the licensee are authorized by the State or any of its polit-
ical subdivisions to act as law enforcement officers, including,
by way of example but not limitation, the following conduct:
1. Use of any name or initials in the course of
business which has the capacity or tendency to convey said
representation to members of the consuming public, including but
not limited to any name using the words "police ", "department ",
"Port Angeles Police ", or "Clallam County Deputy ";
2. Use of any uniform, badge, insignia, business card,
stationery or any other device, object, or type of apparel, which
is not readily distinguishable to average members of the consum-
ing public from such devices, objects or types of apparel which
are used by authorized law enforcement officers;
3. Use any uniform, badge, insignia, title, or identi-
fication card, or make any statement with the intent to give an
impression that the licensee is connected in any way with the
Federal government, a state government, or any political sub-
division of either;
4. Use any letterhead, advertisement, or other printed
matter, or in any manner illegally represent that the licensee is
an instrumentality of the Federal government, State government,
or any political subdivision of either.
B. It is unlawful for any licensee to engage in any acts,
practices, or conduct which hampers the operations and activities
of authorized law enforcement and public safety officials.
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C. It is unlawful for any licensee or any agent thereof to
broadcast upon any radio frequency of which the City is the sole
licensee. (Ord. 2050 Ch. 15 §14, 1- 1 -80.)
5.60.150 Uniforms - Approval Required. No license
shall be issued under the provisions of this Title until approval
is given by the Chief of Police of the uniforms and accoutrements
to be worn by registrants of the licensee. The Chief of Police
shall not approve any uniform which bears a significant resem-
blance to that of a public law enforcement agency of the State.
(Ord. 2050 Ch. 15 §15, 1- 1 -80.)
5.60.160 Divulgence of Information. Any licensee or
officer, director or partner of a licensee shall divulge to any
law enforcement officer or prosecuting attorney, or his repre-
sentative, any information he may acquire as to any criminal
offense, as he may be required by law so to do; provided, how-
ever, that he shall not be required to divulge to any person
other than the above any information acquired by him except at
the direction of the employer or client for whom the information
was obtained. Failure to comply with the disclosure requirements
of this section or subsection E of Section 5.60.050 shall consti-
tute a gross misdemeanor and be punishable as such. (Ord. 2050
Ch. 15 §16, 1- 1 -80.)
5.60.170 Advertisements - Solicitation of Business.
A. Every advertisement by a licensee advertising or
soliciting business shall contain his company name and address as
they appear in the records of the City Clerk.
B. Licensees, in their promotional literature and oral
sales presentations to members of the public, shall not claim any
relationship or affiliation with any official or semiofficial law
enforcement organization. Such literature or sales presentation
shall be accompanied by an accurate and clear description of the
services which the licensee does in fact offer or provide.
C. Solicitors performing oral sales presentation to members
of the public shall not carry weapons. (Ord. 2050 Ch. 15 §17,
1- 1 -80.)
5.60.180 Surety Bond Required.
A. No Class A, B, or C license shall be issued under the
provisions of this Title unless the applicant files with the City
Clerk a surety bond executed by a surety company authorized to do
business in this state in the sum of ten thousand dollars, con-
ditioned to recover against the principal, its servants, offi-
cers, agents, and employees by reason of the applicant's wrongful
or illegal acts in conducting such business licensed under the
provisions of this Title; provided, however, that applicants re-
questing a class B license, who employ four or less registrants,
shall be permitted to file a five thousand dollar surety bond.
The City Clerk shall require a certified copy of said bond to be
filed in her office.
B. The bond required by this section shall be made payable
to the City, and anyone so injured by the principal, its ser-
vants, officers, agents, and employees shall have the right and
shall be permitted to sue directly upon the obligation in their
own names, and the obligation shall be subject to successive
suits for recovery until complete exhaustion of the face amount
thereof. (Ord. 2050 Ch. 15 §18, 1- 1 -80.)
5.60.190 Insurance Coverage Required.
A. No Class A, B, or C license shall be issued under the
provisions of this Title unless the applicant files with the City
Clerk a certificate of insurance naming the City as an additional
insured.
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B. Minimum coverage is fixed as follows:
1. Bodily injury, one hundred thousand dollars to
three hundred thousand dollars;
2. Property damage, one hundred thousand dollars.
(Ord. 2050 Ch. 15 §19, 1- 1 -80.)
5.60.200 Bond, Insurance - Failure to File.
A. Every licensee shall at all times maintain on file with
the City Clerk the surety bond and insurance required by this
Chapter in full force and effect, and upon failure to do so, the
license of such licensee shall be suspended and shall not be
reinstated until this requirement is met.
B. The City Clerk shall deny the application for a license
if the applicant fails to satisfy the surety bond or insurance
requirements.
C. The City Clerk may refuse to reinstate a license notwith
standing the licensee's compliance with this Section, if, during
the suspension, the City Clerk:
1. Finds any reason which would justify refusal to
issue or justifies a suspension or revocation of license; or
2. Finds performance by an applicant of any practice,
while under suspension for failure to keep his surety bond or
insurance in force, for which a license under the provisions of
this Title is required. (Ord. 2050 Ch. 15 §20, 1- 1 -80.)
5.60.210 Branch Offices. Each licensee shall file in
writing with the City Clerk the address of each branch office,
and within fourteen days after the establishment or closing of
such office, or change of location of a branch office, shall
notify the City Clerk in writing of such fact. (Ord. 2050 Ch. 15
§21, 1- 1 -80.)
5.60.220 Registration - Requirements.
A. Except as otherwise provided in this Title, every em-
ployee of a licensee, including dispatchers, and solicitors,
shall be registered with the City Clerk in the manner prescribed
by the provisions of this Title.
B. The application for registration under the provisions
of this Title shall be on a form prescribed by the City Clerk and
shall include:
1. Full address, telephone number, date of birth, and
place of birth;
2. A listing of any and all aliases used by the
applicant;
3. The name and address of the licensee and the date
employment commenced;
4. A letter from the licensee requesting that the
employee be registered under his license;
5. The title of the position occupied by the employee
and description of his duties;
6. Whether or not a firearm or other weapon is to be
used by the employee in connection with his duties as a regis-
trant;
7. Two recent photographs of the employee, of a type
described by the city clerk, and a classifiable set of finger-
prints;
8. Employment history for five years preceding date
of the application; and
9. Such other information, evidence, statements, or
documents as may be required by the City Clerk.
C. Application for registration of temporary employees
under the provisions of this Title shall include, in addition to
the data required under subsection B, the following:
1. The length of time during which the applicant has
continuously been a resident of Clallam County; and
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2. Any other data as may be required by the City
Clerk which in the opinion of said Clerk indicates the appli-
cant's ties to the community. (Ord. 2050 Ch. 15 §22, 1- 1 -80.)
5.60.230 Licensees, Registrants - Knowledge, Ability
to Use Firearms.
A. An applicant for a license or registration who uses a
firearm in connection with employment regulated under the
provisions of this Title shall be tested by the Chief of Police
or his designee in order to determine that such applicant has
sufficient knowledge and ability to use such firearm in a
competent and safe manner.
B. The content of such test shall be determined by the
Chief of Police. (Ord. 2050 Ch. 15 §23, 1- 1 -80.)
5.60.240 Registration - Exempt Employees. Notwith-
standing any other provisions of this Title, employees of a
licensee who are employed exclusively in stenographic, typing,
filing, clerical or other activities which do not constitute the
work of providing private security as described in this Title
shall not be required to register under the provisions of this
Title. (Ord. 2050 Ch. 15 §24, 1- 1 -80.)
5.60.250 Registration - Denial, Suspension or Revoca-
tion.
A. The City Clerk may refuse to register any employee, or
may suspend, or revoke a previous registration if the individual
has committed any act which, if committed by a licensee, would be
grounds for refusing to issue a license, or for the suspension or
revocation of a license under the provisions of this Ordinance.
B. The City Clerk shall refuse to register for employment
as a temporary employee any applicant who has not been a resident
within Clallam County, Washington, continuously for longer than
five years immediately preceding the date said application for
registration. (Ord. 2050 Ch. 15 §25, 1- 1 -80.)
5.60.260 Registration - Issuance. Upon completion of
registration, the City Clerk shall issue to the registered em-
ployee a registration card, which shall be carried on his person
at all times. The exhibition of this card by the licensee shall
be considered prima facie evidence that the person is registered
by the City under the licensee's license number. (Ord. 2050 Ch.
15 §26, 1- 1 -80.)
5.60.270 Registration - Termination of Employment.
Each person registered under the provisions of this Title whose
employment has been terminated with the licensee shall immediatel
surrender his registration card to the licensee, and the licensee
shall surrender same within seven days thereafter to the City
Clerk for cancellation. A notation stating that the registered
employee was terminated and for what cause may be enclosed with
the registration card. The licensee shall notify the City Clerk
in writing within a reasonable time of any change in the resident
address of a registered employee. (Ord. 2050 Ch. 15 §27,
1- 1 -80.)
5.60.280 Registration - Fee. The registration fees
for employees of a licensee are fixed as follows:
A. Permanent Employees. Twenty -five dollars per year and
fifteen dollars per year for renewal thereof.
B. Temporary Employees. Seven dollars, renewal of which
is prohibited; provided, however, that in the event that a tem-
porary employee applies for registration as a permanent employee
of any licensee within one year of registration as a temporary
employee, the City Clerk shall deduct from the initial fee for
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registration of permanent employees such fee as was previously
collected from the applicant, allowing a credit therefor against
such initial fee. (Ord. 2050 Ch. 15 §28, 1- 1 -80.)
5.60.290 License, Registration, Permit - Renewal. A
late penalty shall be charged on all applications for renewal of
a license, registration or permit received later than ten working
days after the expiration date of such license, registration or
permit as set forth in the respective resolution or ordinance
establishing the expiration date of such license, registration or
permit. The amount of such penalty is fixed as follows:
A. For a license, registration or permit requiring a fee
of fifty cents or more, but less than fifty dollars, twenty
percent of the required fee;
B. For a license, registration or permit requiring a fee
of fifty dollars or more, but less than one thousand dollars, ten
percent of the required fee;
C. For a license, registration or permit requiring a fee
of one thousand dollars or more, five percent of the required
fee. (Ord. 2050 Ch. 15 §29, 1- 1 -80.)
5.60.300 Violations - Enforcement. Notwithstanding
the existence or use of any other remedy, the Chief of Police may
seek legal or equitable relief to enjoin any acts or practices
which constitute or will constitute a violation of any business
license ordinance or other regulations adopted in this Title.
(Ord. 2050 Ch. 15 §30, 1- 1 -80.)
Section 3 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstance, is
held invalid, the remainder of the Ordinance, or application of
the provisions of the Ordinance to other persons or circum-
stances, is not affected.
Section 4 - Effective Date. This Ordinance shall take
effect as provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the I6#l, day of
onoiv�n �3�}
19810_.
Sky. tazda
ATTEST: M A Y O R
Sherri L. Anderson, City Clerk
APPROVYp AS TO FORM:
/ / '7 '7 —
Craig -171.---Knutson, City Attorney
PUBLISHED: iriThth2_,C urv,A,LA- 2,G,119Sj (0
MEMORANDUM
December 12, 1986
TO: City Council
FROM: City Attorney
RE: Amendments to Business License Regulations for Private
Security Firms and Peddlers
ISSUE: Should the City's business license regulations be amended
to relax the requirements for accident investigation and door -to-
door charitable solicitation?
BACKGROUND /ANALYSIS: Under a strict interpretation of the City's
business license regulations, companies or persons conducting
accident investigations must comply with all of the requirements
in the ordinance regulating private security firms. This
includes obtaining a security bond and insurance and paying a
$200 fee. In discussing the matter with the Police Department,
it was concluded that the primary intent of the private security
firms ordinance is to regulate quasi -law enforcement activities
such as private investigation and private security guard work.
Persons doing accident reconstruction and insurance adjusting
type work may need to be registered with the City but do not
necessarily require the close scrutiny and insurance requirements
that should be applied to quasi -law enforcement type work. The
attached ordinance would create a separate class of business that
would be allowed to operate in the City for the normal business
license fee of $25 and without the security bond and insurance
requirements as long as the business is restricted to accident
investigation type work. Passage of the attached ordinance would
still enable the Police Department to obtain information that
they think is necessary about accident investigation agencies
while at the same time making it less onerous for these agencies
to comply with requirements that were not really intended to be
directed at their type of work in the first place.
Another amendment to the business license regulations is neces-
sary in the case of the peddlers ordinance. This amendment may
fall under the category of a "housekeeping" or clarification
measure. As set forth in the attached amendatory ordinance,
door -to -door solicitation by charitable organizations would
clearly be exempt from the peddlers ordinance and would be
governed strictly by the terms of the charitable solicitation
ordinance. This would clarify what staff has assumed to be the
intent of the ordinances for some time. That is, that door -to-
door charitable solicitation is allowed even without making an
a
ppointment ahead of time, as is required for all other solicita-
tion under the terms of the peddlers ordinance.
CONCLUSION: It is recommended that the City Council adopt the
attached ordinance amending the business license regulations for
private security firms and peddlers.
Craig D Knutson
City Attorney
CDK:LM
Attachment