Unless registered as hereinafter provided, it is unlawful for any person, firm or corporation to manage, conduct or carry on the business of a fixed patrol, or street patrol, in the city of South San Francisco, or wilfully to hire the services of a fixed patrol, or street patrol, unless said fixed patrol, or street patrol, is registered as hereinafter defined.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “fixed patrol” means a person, firm or corporation licensed by the state, who or which agrees to furnish, or furnishes, a watchman, guard, patrolman or other person to protect persons or property or to prevent theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind, remains at a fixed location and does not utilize the public streets during the course and scope of such employment, except for incidental use of the streets by a fixed patrol operator, or his employee, solely for the purpose of traveling from one location owned or operated by a client to another location owned or operated by the same client, or for the purpose of supervising employees of a fixed patrol operator, or for incidental use of the streets reasonably necessary to accomplish the purpose of the fixed patrol service.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “street patrol” means any person, firm or corporation who furnishes or agrees to furnish, for any consideration whatsoever, any of the services enumerated in Section 6.62.020 of this chapter and utilizes the public streets to perform such services and is licensed by the state to perform such services or is employed by a person so licensed.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “person” means an individual, corporation, copartnership, firm, association, joint stock company or combination of individuals, of whatever form or character, acting as a unit.
(Ord. 913 § 1, 1982)
A. 
Persons operating a street patrol business which is required to be registered pursuant to Section 6.62.010 of this chapter shall register with the chief of police on application forms provided therefor. The forms shall be verified, shall be accompanied by a receipt showing that the applicant has paid to the director of finance a nonrefundable processing fee in an amount set by resolution of the city council, and shall contain the following information:
1. 
The true name and address and telephone number of the applicant and all persons financially interested in the operation of the street patrol business;
2. 
The date, place of birth and citizenship of all such persons;
3. 
The past criminal record, if any, of all such persons;
4. 
The fingerprints of all such persons;
5. 
Evidence that applicant is currently licensed under the applicable provisions of the California Business and Professions Code and the California Administrative Code;
6. 
The area of the city of South San Francisco, or the portion thereof, in which the applicant proposes to provide street patrol service;
7. 
The number and description of motor vehicles to be used by applicant;
8. 
The description and serial number of the firearms to be used by applicant and his employees;
9. 
Proof of insurance coverage as provided in Section 6.62.210 of this chapter;
10. 
Evidence that the applicant has applied for a business license as provided for in Chapters 6.04 through 6.16 of this code;
11. 
If the applicant is a corporation, the application shall set forth the name of the corporation exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;
12. 
Subsection A4 of this section shall not apply to any of the following:
a. 
A corporation, the stock of which is listed on a stock exchange in the state of California or in the city of New York, state of New York,
b. 
A bank, trust company, financial institution, or title company to which application is made or to whom a license is issued in a fiduciary capacity,
c. 
A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
B. 
Upon receipt of an application, the chief of police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the applicant and persons financially interested in the street patrol service for which registration is sought and as to the proposed territory of the city, or portions thereof, within which the street patrol services is to be conducted.
(Ord. 913 § 1, 1982)
A. 
The chief of police may refuse registration of any applicant or any person financially interested in the operation of the street patrol business for any of the following reasons:
1. 
The street patrol business as proposed by the applicant would not comply with all applicable state and municipal laws and regulations;
2. 
The applicant or any person financially interested in the business has been convicted of a felony, an offense involving the use of force and violence upon the person or another, an offense perpetrated with the use of deceit or fraud, or an offense involving moral turpitude;
3. 
The applicant has knowingly made false, misleading, or fraudulent statement of facts in the registration application or any other document required by the city in conjunction therewith;
4. 
The applicant or any person financially interested in the business is not of good moral character or reputation.
B. 
Should the chief of police refuse registration, the applicant for a street patrol business may appeal such action as set forth in Section 6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 1, 1989)
Upon granting the registration application, the chief of police or the city manager or his designee on appeal, shall designate the portion or portions of the city within which such street patrol business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as are necessary to meet local needs and are not inconsistent with the provisions of the California Business and Professions Code and the California Administrative Code, Title 16, Professional Rules and Regulations pertinent to the Bureau of Collection and Investigative Services; provided, however, that no person shall be allowed to register as a street patrol business who is not licensed under the provisions of said Codes.
(Ord. 913 § 1, 1982)
(a) 
Upon the chief of police’s approval of the registration application, the registrant shall furnish the chief of police with the names of those who are or will be engaged in street patrol, on a form provided therefor. The form shall contain all of the following information:
(1) 
The true name, address and telephone number of the employee;
(2) 
The date of birth and citizenship of such person;
(3) 
The past criminal record, if any, of such person as stated by the employee, including a signed statement of the employee that the information in subsections 1, 2 and 3 is true and correct;
(4) 
The fingerprints of such person;
(5) 
A true and correct copy of each employee’s state registration card and a true and correct copy of each employee’s state firearm permit, when such employee will be armed;
(6) 
The serial number and description of each firearm owned by such employee and carried in the scope of his duties;
(7) 
Evidence that the applicant has a registration card approved and issued by the Bureau of Collection and Investigative Services pursuant to Title 16, Chapter 7 of the California Code of Regulations;
(8) 
Such other information as may be deemed relevant by the chief of police;
(9) 
Two photographs of the applicant taken within sixty days immediately prior to the date of the filing of the application, which pictures shall be approximately two inches by two inches, showing the head and shoulders in a clear and distinct manner.
(b) 
Upon receipt of the names of the employees who will be engaged in street patrol service, the chief of police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the chief of police, after a noticed hearing, find that the character and morals of such employee are such as to constitute a danger to the public if said employee were to be utilized in street patrol services, the registrant shall not thereafter utilize such employee for street patrol services.
(c) 
Any applicant for registration under this section who is dissatisfied with the decision of the chief of police may file an appeal as set forth in Section 6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 2, 1989)
Persons required to register for fixed patrol businesses shall do so with the chief of police on registration forms provided therefor. The application shall be verified and shall contain the following information:
(a) 
The true name, address and telephone number of the registrant and of all persons financially interested in the operation of the fixed patrol business;
(b) 
Evidence that registrant is currently licensed under the applicable provisions of the California Business and Professions Code and the California Administrative Code;
(c) 
The number and description of motor vehicles proposed to be used by registrant;
(d) 
The description and serial number of the firearms to be used by applicant and his employees;
(e) 
Proof of insurance coverage as provided in Section 6.62.210 of this chapter;
(f) 
Evidence that the applicant has applied for a business license as provided for in Chapters 6.04 through 6.16 of this code;
(g) 
If the applicant is a corporation, the application shall set forth the name of the corporation exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
(Ord. 913 § 1, 1982)
The chief of police may refuse registration for any of the following reasons:
(a) 
The fixed patrol business as proposed by registrant would not comply with all applicable state and municipal laws;
(b) 
The registrant knowingly made any false, misleading or fraudulent statement of facts in the registration form or any other document required by the city in conjunction therewith;
(c) 
The chief of police may deny registration of any of the employees of the fixed patrol business if the information required by Section 6.62.090 has not been supplied, or if the chief of police deems such denial necessary to protect the health and safety of the community. Any denial shall be consistent with the provisions of the Business and Professions Code and the California Code of Regulations. The decision of the chief of police may be appealed as set forth in Section 6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 3, 1989)
A. 
Upon granting the registration application, the chief of police shall require the registrant to furnish the names of employees of the registrant who are or who will be engaged in fixed patrol, on a form provided therefor which shall provide the following information:
1. 
The true name and address of the employee;
2. 
A true and correct copy of each employee’s state registration card issued pursuant to California Business and Professions Code Sections 7506.1, 7514.2, and California Administrative Code, Title 16, Sections 688 et seq., and their successors;
3. 
Verification from the registrant that each employee has successfully completed the course in exercising the power to arrest pursuant to California Business and Professions Code Sections 7506.1, 7514.2 and California Administrative Code, Title 16, Sections 688 et seq., and their successors;
4. 
A copy of a valid firearm qualification card for each employee who will be armed;
5. 
The serial number and description of each firearm owned by such employee and carried in the court and scope of his duties;
6. 
Such other information as may be deemed relevant by the chief of police and consistent with the provisions of the Business and Professions Code and the California Administrative Code.
B. 
A fixed patrol business registered under this chapter may utilize an employee without complying with this section for a period not exceeding two weeks where, because of any event described in Section 409.5 of the Penal Code of the state, or because of an extensive public gathering, the services required of the fixed patrol business cannot be performed without an immediate increase of personnel. Such fixed patrol business shall, not later than completion of the employee’s first tour of duty, notify the chief of police in writing of the names of the employees so utilized and justification of their use without otherwise complying with this section.
(Ord. 913 § 1, 1982)
A registrant, within five days after the termination of any employee engaged in street patrol services or fixed patrol services, shall notify the chief of police in writing of such termination.
(Ord. 913 § 1, 1982)
All uniforms and badges of street and fixed patrol businesses shall be approved by the chief of police and shall in no way resemble those of the city police department or other law enforcement agency having any jurisdiction in San Mateo County.
(Ord. 913 § 1, 1982)
Street and fixed patrol service operators and employees thereof are prohibited at all times from using the term or title “police,” “police officer,” “deputy sheriff,” “peace officer,” “law enforcement,” or any other term or title that would suggest to the public any official connection with the city police department or other law enforcement agency having any jurisdiction in San Mateo County.
(Ord. 913 § 1, 1982)
No person shall, in connection with the operation of a street or fixed patrol service, knowingly represent himself or another to be a member of the city police department or other law enforcement agency. No person shall, in connection with the operation of a street or fixed patrol service, use any sign, word, language or device to induce a false or mistaken belief that he is acting or purporting to act on behalf of the city police department or any other law enforcement agency.
(Ord. 913 § 1, 1982)
A. 
The chief of police may regulate the color, affixed signs, insignia and lettering to be used on motor vehicles operated by a street or fixed patrol service so as to eliminate confusion with those of the city police department, or any other law enforcement agency having any jurisdiction in San Mateo County.
B. 
Knowingly using any vehicle which is colored or has affixed thereon any sign, badge, title or device that would reasonably induce the belief that the vehicle is being operated by the city police department or by any other law enforcement agency having any jurisdiction in San Mateo County is prohibited.
C. 
Vehicles shall comply with all mechanical and equipment regulations of the California Vehicle Code.
(Ord. 91382 § 1, 1982)
No rights, duties or privileges granted or permitted under this chapter shall create, permit or otherwise vest in the registrant under this chapter any powers specially reserved to peace officers as defined in the Penal Code of the state, as distinguished from private citizens.
(Ord. 913 § 1, 1982)
Any unusual occurrences observed while patrolling or at any other time by a street or fixed patrol registrant or employee shall be reported to the police department forthwith. It shall be the duty of such person to preserve the scene intact and allow no moving, disturbing or otherwise interfering with the property, persons or things affected. Any violation of this section shall be grounds for revocation of registration.
(Ord. 913 § 1, 1982)
A. 
Should the chief of police refuse registration of a street or fixed patrol business, notice of such refusal shall be served upon the applicant by depositing in the U.S. Mail, a true copy thereof, with first class postage prepaid, addressed to the applicant at his last known address, within three days from the date of action of the chief of police.
B. 
Any applicant whose registration has been refused may appeal such refusal by filing with the city manager a notice of appeal within fifteen days after the date of such action by the chief of police, and by serving such notice personally or by mail upon the chief of police or his duly authorized representative appointed for said purpose.
C. 
Thereafter, the city manager or his designee shall fix a date for hearing the appeal and designate the time and place where such hearing is to be held, which date shall not be more than thirty days from the date of the filing of the appeal. At least ten days’ prior written notice of such hearing shall be given to the applicant.
D. 
At any such hearing, the applicant shall be given the opportunity to defend himself, and may call witnesses, be represented by counsel, and present evidence in his behalf.
E. 
The chief of police or his representative shall attend the hearing and shall have the burden of proof to establish by a preponderance of evidence that the action of the chief of police was justified and in compliance with the provisions of this chapter.
F. 
The city manager or his designee shall affirm, modify or reverse the action of the chief of police. The decision of the city manager or his designee shall be final and conclusive.
(Ord. 913 § 1, 1982)
A. 
The registration of a fixed patrol or street patrol business issued pursuant to this chapter may be revoked after a hearing before the city manager or his designee for any reason for which the registration could have been denied in the first instance, or when the registrant is in violation of any of the provisions of this chapter, or of the State Business and Professions Code or Administrative Code.
B. 
Notice of such revocation hearing shall be served upon the registrant at his last known address. Such notice shall set forth the grounds upon which the revocation hearing is based and shall designate the time and place where such hearing is to be held, which date shall not be more than thirty days from service of such notice.
C. 
At least ten days’ prior written notice of such hearing shall be given to the registrant.
D. 
The registrant may continue to operate the fixed patrol or street patrol business pending the revocation hearing before the city manager or his designee unless, in the judgment of the chief of police, such operation would endanger the public health and safety. In that event, the chief of police may order the registrant to cease its operation pending the hearing before the city manager or his designee. Such order shall be effective five days from the date of service of such order.
E. 
At any such revocation hearing, the registrant shall be given the opportunity to defend himself, and may call witnesses, be represented by counsel, and present evidence in his behalf.
F. 
The chief of police or his representative shall attend the hearing and shall have the burden of proof to establish by a preponderance of evidence that the action of the chief of police was justified and in compliance with the provisions of this chapter.
G. 
The decision of the city manager or his designee shall be final and conclusive.
(Ord. 913 § 1, 1982)
(a) 
The applicant, prior to registering as a fixed or street patrol business, must present evidence of insurance in the following amounts:
(1) 
Workmen’s compensation and employers’ liability insurance to cover the applicant’s employees, as required by the Labor Code;
(2) 
Comprehensive bodily injury and property damage liability insurance, including coverage for automobile liability, assault and battery, false arrest and imprisonment, malicious prosecution, libel and slander, and invasion of privacy. This insurance shall be in the amount specified by state law. Furthermore, each policy of insurance shall provide that the policy shall not be cancelled or reduced until thirty days after receipt by the city attorney of written notice of cancellation or reduction.
(b) 
The insurance required by this section shall be maintained by the applicant for the entire term of the permit. Failure to maintain the required insurance shall be grounds for revocation of the registration.
(Ord. 913 § 1, 1982; Ord. 1061 § 4, 1989)
Every person, firm or corporation registering as a street patrol or fixed patrol business shall annually obtain a city business license as required by the Municipal Code of the city of South San Francisco.
(Ord. 913 § 1, 1982)
This chapter shall not apply to any person exempted by Section 7522 of the Business and Professions Code.
(Ord. 913 § 1, 1982; Ord. 1061 § 5, 1989)