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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. -1- 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; -2- 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; -3- 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 -4- 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 -5- 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 -6- 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. -7- 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. -8- 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 -9- 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 -10- 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