[1]
Editor's Note: For provisions concerning licenses to engage in business of bail bond brokers, see Section 5-1 of this chapter. As to amount of license tax, see Section 5-2.
[Ord. #330, § 1; 1958 Code § 5.1]
As used in this section:
BAIL BOND BROKER
Shall mean any person, other than a surety company authorized by law to furnish bond, who, for hire, furnishes, negotiates or purports to furnish bail or act as surety upon any bail bond or undertaking in any criminal action in any court in the City.
[Ord. #330, §§ 11, 12; 1958 Code § 5.2]
Every bail bond broker, immediately upon being issued a permit required by subsection 5-15.13 of this chapter, shall file with the City Clerk a bond or undertaking in the sum of five thousand ($5,000.00) dollars conditioned that he will faithfully comply with the provisions of this section and will pay all loss or damage that may result to any person from any false representation by such broker, his agents or employees, as to the arrest, or cause of arrest, or amount of bail, or seriousness of the offense of any defendant or prisoner, or which may arise or result from violations of any of the provisions of this section or the laws of the State or the United States in respect to the bail bond business or the conduct thereof.
Such undertaking must contain the conditions that it may be taken advantage of and be sued upon by the City, and that any person who may be injured or aggrieved by the acts of the bail bond broker may bring suit on such undertaking, in his own name, without an assignment thereof.
[Ord. #330, §§ 13, 14; 1958 Code § 5.3]
The bond or undertaking required by subsection 5-15.2 must be signed by two (2) or more sufficient sureties, each of whom must be a resident and householder or freeholder within the State and be worth the sum specified in the bond or undertaking over and above all his debts and liabilities, exclusive of property exempt from execution or forced sale. In lieu of this, such bond or undertaking may be furnished by a responsible surety company authorized by law to furnish bonds in the State.
Whenever it is made to appear to the satisfaction of the Council that any surety upon any bond or undertaking required by this subsection has, for any reason, become insufficient, the Council may, upon notice, order the giving of a new bond or undertaking with sufficient sureties in lieu of such insufficient bond or undertaking.
[Ord. #330, § 22; 1958 Code § 5.6]
A bail bond broker must secure the written order of every defendant or prisoner from whom or on whose behalf bail may be furnished or deposited, which order must be in form requesting such broker to furnish or provide the bail provided. Such order must be kept on file with the book of record provided for in subsection 5-15.7 of this chapter.
[Ord. #330, § 17; 1958 Code § 5.7]
Each bail bond broker must keep at his office a well bound record in which he must enter in ink and in legible writing, in the English language, at the time of each transaction:
a. 
The names and home addresses of all defendants for whom he has furnished or deposited bail.
b. 
The date and hour of each such transaction.
c. 
The offense or charge for which the arrest was made.
d. 
The name or number of the court before whom the case was heard or set for hearing or trial.
e. 
The amount of bail.
f. 
The character of any property, cash, bonds or other security deposited as bail.
g. 
The names and addresses of any person agreeing to indemnify such bail bond broker against loss or liability on account of the furnishing or depositing of such bail.
h. 
The character of any property, real or personal, deposited, pledged with or assigned to such bail bond broker to indemnify him against loss or liability in respect to such bail.
i. 
The amount of the fees or commissions charged.
j. 
The name of the employee or other person negotiating the transaction for the furnishing of the bail, or arranging details of the same.
[Ord. #330, § 18; 1958 Code § 5.8]
The records required by subsection 5-15.7 shall be open to the inspection of any court official, the District Attorney and the Chief of Police and his representatives.
[Ord. #330, § 19; 1958 Code § 5.9]
Each bail bond broker shall, on demand, furnish to the Chief of Police a legible and complete copy of any record kept in compliance with subsection 5-15.7 of this chapter, and the Chief of Police shall, upon receipt of such reports, file the same in some secure place in his office, and the same shall be open for inspection only to the Police Department of the City or upon an order of the court duly made for that purpose.
[Ord. #330, § 20; 1958 Code § 5.10]
The Chief of Police shall secure such blanks or forms as may be necessary to meet the requirements of this section relative to records and reports and shall deliver the same to the persons from whom such reports are required upon request and free of charge.
[Ord. #330, § 29; 1958 Code § 5.12]
Nothing in this section shall be construed as to interfere with any of the duties, powers or functions of any judge or magistrate of any court in accordance with the provisions of the Penal Code of the State relative to bail, or with the constitutional rights of any defendant in any criminal action, or of any prisoner to be released on bail; nor shall the validity of any bail or undertaking filed in any court be affected by this section.
[Ord. #330, § 3; 1958 Code § 5.13]
It shall be unlawful for any person to engage in the business of or advertise or hold himself out to the public, as agent or principal, as a bail bond broker without first obtaining a permit therefor from the City Council.
[Ord. #330, §§ 4, 5; 1958 Code § 5.14]
Application for a permit required by subsection 5-15.13 shall be filed in writing with the City Clerk.
Such application shall distinctly and specifically state the following information:
a. 
The name, address and residence of the applicant.
b. 
The names, addresses and residences of all associates and employees in the bail bond business.
c. 
The location of the proposed place of business, or office thereof, and the name under which the business shall be known.
d. 
The present and proposed occupation or business, if any, of the applicant, other than that of bail bond broker.
e. 
The tangible assets and property of the applicant, exclusive of property exempt from execution and forced sale, which it is intended to use in the business, including a legal description of the real estate to be so used, showing all encumbrances thereupon.
[Ord. #330, § 6; 1958 Code § 5.15]
The application for a permit required by this section must be signed by the applicant, or each member of an applying association, verified under oath, and be endorsed by five (5) residents of the City not related to or associated with the applicant who must vouch for the applicant's honesty, integrity and good character.
[Ord. #330, §§ 8, 9; 1958 Code § 5.17]
Not less than seven (7) days after the reference to the Chief of Police referred to in subsection 5-15.16 the Council shall hold a public hearing upon the permit application. Upon such hearing, or any continuance thereof, and in granting or refusing such permit, and in specifying the conditions, if any, upon which it may be granted, the Council shall consider the honesty, character and integrity of the applicant, the facts and circumstances stated or referred to in the application and the report of the Chief of Police, and any other pertinent facts which may be brought to its attention and shall exercise a reasonable and sound discretion in the premises.
[Ord. #330, §§ 23 to 25; 1958 Code § 5.21]
For failure to comply with any provision of this chapter or other ordinance or law, or for other cause having relation to the bail bond business or the conduct thereof, the Council, on its own initiative or upon the complaint of any person, shall have power to revoke any permit granted under this section, upon five (5) days' notice of an order to show cause forwarded by registered mail by the City Clerk, with postage prepaid to the holder of such permit at the address stated in his application. Such order may be personally served upon the permittee. The affidavit of the City Clerk shall be conclusive of the mailing or personal service of such order.
A public hearing shall be had by the Council upon such order to show cause, at a regular meeting thereof. In revoking any such permit, the Council shall exercise a like discretion as in granting or refusing permits.