As used herein:
is hereby defined as any business or operator which agrees
to furnish, or furnishes for a fee or other compensation a watchperson,
guard, patrolperson or other person to protect persons or property
or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation,
or concealment of any goods, wares, merchandise, money, bonds, stocks,
notes, documents, papers, or property of any kind, in the City.
is hereby defined as any individual who patrols any territory,
or guards or watches property of another person for the purposes mentioned
in the preceding paragraph, within the City, and who is employed by
a person holding a private patrol system business license or who individually
holds a business to a private patrol system.
(Prior code § 5-071)
The provisions of this chapter, Sections 5.40.010 through 5.40.170, inclusive shall not apply to those organizations operating within the City which are composed exclusively of volunteers and which supply patrol or security services on an uncompensated basis, and for which such organization and all its members receive no consideration of any sort, whatsoever.
(Prior code § 5-071.1)
It is hereby declared to be unlawful for any person, either
as principal, or agent, or otherwise, to engage in the business of
operating a private patrol system without first having obtained a
business license therefor as herein provided. Each private patrol
system shall pay an annual business license application and investigation
fee to the Director of Finance of the City in an amount as may be
fixed or established from time to time by resolution of the City Council.
Any person failing to comply and submit such requested information
shall be denied a business license.
(Prior code § 5-072)
A.
Any
person desiring to engage in the business of operating a private patrol
system shall file with the Director of Finance a business license
application pursuant to Title 5 of the Stockton Municipal Code.
B.
In addition,
the following information shall be required:
1.
A
list of the corporation's board of directors.
2.
A
copy of a valid private patrol operator license issued by the State.
3.
A
copy of the applicant's valid California driver's license or California
identification card issued by the California Department of Motor Vehicles.
4.
The
business or occupation for five years last past of each person signing
the application, giving the name and address of each employer, the
date of commencement and termination of employment and the name of
the services performed by each such person.
5.
Such
other information as the Chief of Police or the Director of Finance
may request.
(Prior code § 5-072.1)
Immediately upon the receipt of an application for a private
patrol system business license, the Director of Finance shall forward
one copy thereof to the Chief of Police.
(Prior code § 5-072.2)
Upon receipt from the Director of Finance of a copy of an application
for a business license to operate a private patrol system, the Chief
of Police shall forthwith make an investigation as to the truthfulness
of the facts therein set forth and the reputation and character, competency
and integrity of each person signing the application, and whether
the management, conduct and operation of such proposed private patrol
system will or will not comport with the public welfare, and for this
purpose shall consider any facts or evidence bearing on the moral
fitness and reputation of those who will be in charge of such private
patrol system and any other evidence or fact tending to assist in
enlightening the Director of Finance in this respect.
(Prior code § 5-072.3)
The Director of Finance shall grant or deny a business license
to the applicant after receipt of the recommendation of the Chief
of Police. The Director of Finance shall not issue said business license
without the recommendation for approval from the Chief of Police.
The Chief of Police shall recommend approval of the application unless
any of the following grounds are found to exist whereupon the Chief
of Police shall recommend against approval of the application:
A.
The
person signing the application has ever been convicted of a felony,
or misdemeanor involving moral turpitude; or
B.
The
person signing the application does not have a good reputation for
honesty, character, integrity, sobriety, or is not a responsible person;
or
C.
The
granting of the application for any reason would not comport with
the public welfare.
(Prior code § 5-072.4)
In all cases, the applicant for the renewal of a license shall file a form with the Director of Finance pursuant to Section 5.04.170 of the Stockton Municipal Code. The Director of Finance shall forward one copy of said renewal form to the Chief of Police. The Chief of Police shall investigate private patrol business license renewal requests in the same manner as set forth in Section 5.40.050 for license application. The Director of Finance shall grant or deny renewal of a private patrol business license after receipt of the recommendation of the Chief of Police. The Chief of Police may deny a private patrol system business license renewal for any reason for which granting of such license might be lawfully denied or for the violation of any provision hereof or for any other good cause.
(Prior code § 5-072.5)
A private patrol system shall operate under the following terms
and conditions:
A.
A private
patrol system shall be operated and conducted subject to the general
supervision of the Chief of Police of the City; and
B.
A private
patrol watchperson employed by a private patrol system shall aid,
assist and cooperate with the Stockton Police Department; and
C.
A private
patrol system shall operate in accordance with the provisions of the
Business and Professions Code of the State.
(Prior code § 5-073)
Any business license for private patrol system granted pursuant
hereto may be revoked by the Director of Finance for any reason for
which the granting of such license might be lawfully denied or for
the violation of any provision hereof or for any other good cause.
Such revocation shall be made only after a hearing granted to the
holder of such business license before the Finance Director, after
five days' notice to said business license holder, setting forth the
grounds of complaint against the holder and stating the time and place
where such hearing will be held. Upon revocation of any business license,
such business license shall be forthwith surrendered to the Director
of Finance. The revocation of any business license shall be in addition
to any other penalties otherwise provided for herein.
(Prior code § 5-074)
No private patrol system business license may be transferred
except when the licensee transfers the business from one location
to another within the City. The license may be amended to authorize
the conduct of the business at the new location.
(Prior code § 5-075)
It is unlawful for any person to act as a private patrol watchperson,
or for any person holding a private patrol business license to employ,
or permit any person to act as a private patrol watchperson unless
such person holds an unrevoked guard registration card issued by the
State to so act as provided for herein.
(Prior code § 5-076)
It is unlawful for any person to wear, or cause or permit to
be worn any uniform that is similar to the uniform used by the Stockton
Police or Fire Departments, and no uniform shall be worn unless the
same shall have been first approved by the Chief of Police.
(Prior code § 5-077)
It is unlawful for any person to wear or display, or cause to
be worn or displayed, any badge or insignia similar in design to that
used by the Stockton Police or Fire Departments, and no badge or insignia
shall be worn, displayed or used in any manner, including displayed
on a vehicle, unless the same has been first approved by the Chief
of Police. It is unlawful for any person to sell, for use in the City,
any badge of a like or similar design to that used by the Stockton
Police or Fire Departments; or to sell any badge to be used by a private
patrol system or private patrol watchperson in the City, except upon
the written authorization of the Chief of Police.
(Prior code § 5-077.1)
It is unlawful for any private patrol system or private patrol
watchperson to operate any vehicle that is similar to the vehicles
used by the Stockton Police or Fire Departments, and no such vehicle
shall be utilized on City streets unless the same shall have been
first approved by the Chief of Police.
(Prior code § 5-077.2)
Any notice required herein must be in writing and may be given
by personal service or by mail. In case of service by mail, the notice
must be deposited in the United States post office, in a sealed envelope,
with postage prepaid, addressed to the person on whom it is to be
served, at this person's last known address as the same appears in
the files of the Finance Department. The service is completed at the
time of the deposit in the post office.
(Prior code § 5-078)
A.
Any person aggrieved by any decision of an official or agent of the City with respect to the issuance of or refusal to issue a license, or the amount of a license tax, may appeal to the City Manager by filing a notice of appeal with the City Manager's office within 15 days after notice of such decision but in no event later than 30 days after the date of notice of such decision. The City Manager, or a designee shall fix a time and place for hearing such appeal and shall, pursuant to Section 5.40.160, give notice to the applicant not less than five days prior to such hearing of the time and place of the hearing.
(Prior code § 5-079)
