The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
PRIVATE INVESTIGATOR AND PRIVATE DETECTIVE
1.
Private investigator or private detective means a person who
extends himself to the public for hire, reward or compensation, either
directly or indirectly, to furnish or supply information as to:
a.
Evidence or testimony for an administrative, judicial or legislative
proceeding;
b.
Crimes, both public and private;
c.
Personal character, actions or identity of any person;
d.
Causes, origins and responsibilities for occurrences or happenings;
e.
Protection of persons; and
f.
Location of property or persons.
2.
Nothing contained in this definition shall be construed so as
to exempt from the terms of this Section law enforcement officials
engaged in off-duty private-investigating activities.
3.
The term "private investigator" shall not include within its
meaning any of the following persons who are regularly employed, and
while such persons are engaged in their normal duties:
b.
Insurance companies licensed to do business within the State;
c.
Insurance adjusting or claims agencies;
d.
Attorneys at law licensed to engage in the practice of their
profession within the State, or their agents;
e.
Law Enforcement Officers or any person employed by a Federal,
State, county or municipal government whose duty it is to investigate;
f.
Persons who are employed solely by one (1) establishment of
business;
g.
Agencies whose exclusive business is the furnishing of information
as to the business, financial and credit standing of persons with
respect to insurance, indemnity bonds or commercial credit; and
In addition to revocation of the license issued under this Article, any person violating any of the provisions of this Article shall be subject to the penalties set forth in Section
100.220.
Any badge, uniform, insignia or other equipment to be worn or
used by any private detective, private investigator or security guard,
as provided for in this Article, shall be first approved by the Chief
of Police.
Applications for licenses under this Subdivision shall be made
available by the Police Department, records division, and shall include
all information the Chief of Police deems necessary. Applications
shall be submitted to the Chief of Police who, upon request, may grant
a temporary permit to the applicant pending final review of the application.
The applicant's employer shall execute an agreement of responsibility
for the applicant's actions pending issuance of the license,
and that the applicant is of good moral character. Such permit shall
terminate automatically upon issuance of the license, and may also
be revoked by the Chief of Police without hearing if the Chief of
Police finds any statements therein to be incomplete or untrue, or
if the applicant would not otherwise qualify for a license under this
Subdivision.
Within fifteen (15) days after receipt of an application for
a license under this Subdivision, the Chief of Police shall cause
an investigation to be made of the applicant. The Chief of Police
is authorized to require the applicant to make available any information
or material the Chief of Police considers necessary for the investigation
concerning the applicant. The Chief of Police, at any time after issuance
of the license, may initiate an investigation concerning the licensee
and may require him to make available any information or material
deemed necessary. Failure of the licensee to provide such information
shall be grounds for denial, suspension or revocation of a license.
Upon completion of the investigation, the Chief of Police shall send
the application, with his recommendation, to the City Clerk.
All employees of any person having or applying for a license under this Subdivision shall meet the standards of Section
610.414(A)(1),
(2) and
(3), and shall be subject to all regulations of this Subdivision, except that employees shall not be required to secure a license unless performing investigative work.
The City Clerk shall act upon the application for a license
under this Subdivision within thirty (30) days after the filing thereof.
If the City Clerk disapproves the application, he shall notify the
applicant in writing within ten (10) days thereafter, giving specific
reasons for the denial.
The fee shall be as set forth in Section
605.030.
Licenses issued under this Subdivision shall not be transferable.
Licenses issued under this Subdivision shall be subject to revocation or suspension by the City Clerk for violation of any of the provisions of this Article, or misconduct by the licensee or his employees, or activity amounting to dishonesty or fraud, or failure to obey the laws of the United States or the State and the ordinances or regulations of the City governing the conduct of his investigative work, after reasonable notice and an opportunity to be heard has been given the licensee. The City Clerk shall follow the revocation procedures as set forth in Section
605.100.
The City Clerk shall issue renewal licenses to all licensees
under this Subdivision whose licenses have not been suspended at the
time the licenses have expired, upon payment of the license fee.
All licenses issued under this Article shall be for a term of one (1) year and be executed in accordance with Chapter
605, Article
I.
The City Clerk shall issue an identification card to each individual
licensed under this Subdivision showing all descriptive data as may
be required by the Chief of Police. Identification cards shall not
be transferable or assignable. If the identification card is lost,
the City Clerk shall be notified. Such identification card shall also
indicate whether the holder of such identification card is licensed
as a private investigator or whether such individual is licensed only
as a security guard.
No license shall be issued under this Subdivision unless the
applicant files with the City Clerk an approved policy of public liability
insurance in the amount of three hundred thousand dollars ($300,000.00).
Such policy of insurance shall be maintained in full force and full
coverage at all times the license is in effect and shall cover all
employees who engage in investigative work, and shall comply with
this Article.