[HISTORY: Adopted by the Council of the City of Pawtucket, approved 3-10-1988 as Ch. No. 2013. Amendments noted where applicable.]
Business registration — See Ch. 158.
All persons obtaining a license engaging as a private detective are hereby subject to the following sections.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who has applied for permission to engage in any act or activity which is regulated under the provisions of this chapter.
- Any license required by this chapter.
- LICENSE FEE
- Any moneys required by law to be paid for the issuance or renewal of any license required by the regulations.
- PRIVATE DETECTIVE
- A person who is hired for the purpose of conducting investigations involving inquiries into unsolved crimes, clandestine surveillance, the search for missing persons and the search for lost or stolen property.
Words in the singular shall include the plural and the plural shall include the singular.
Any person who wishes to be engaged as a private detective in the City of Pawtucket shall obtain a private detective license from the City Council. The license shall expire on the 30th day of June of each calendar year. Any license shall be renewable by the City Council for the next one-year period upon proper application for renewal and payment of license fees. An application for renewal of a license must be received by the City Council on a form provided by the City Clerk not less than thirty (30) days prior to the expiration date of the license. With good cause, the City Council may extend the period of time for filing the application for renewal required by this section.
The City Council shall deny the application for or renewal of a license if it finds that the applicant:
Has violated any provisions of this chapter or rules and regulations promulgated hereunder;
Commits any act which would disqualify him or her under § 317-7 or where such applicant has failed to meet the qualifications of this chapter;
Practices fraud, deceit or misrepresentation;
Makes a material misstatement in the application for or renewal of a license;
Demonstrates incompetence or untrustworthiness in actions affecting the conduct of the business required to be licensed under this chapter; or
The City Council procedure in approving or denying an application for a license or renewal thereof shall be as follows:
If the application is approved, the City Council shall issue a license in the form as provided in this chapter.
If the application is denied, the City Council shall notify the applicant or licensee in writing of the same and shall state the reasons for its action.
Within fifteen (15) days from the receipt of notice the applicant or licensee may request a hearing in writing.
The registration and license fee for a private detective shall be one hundred fifty dollars ($150.) annually.
No license issued pursuant to the provisions of this chapter shall be assigned or transferred, either by operation of law or otherwise.
A license may be suspended or revoked if the licensee:
Violates any provisions of this chapter or rules and regulations promulgated hereunder.
Practices fraud, deceit or misrepresentation.
Makes a material misstatement in the application for or renewal of the license.
In the case of the licensee commits any act which would disqualify the qualifying agent.
After the licensee has exhausted the right of appeal or if the licensee does not seek a hearing, the licensee shall immediately cease to operate the business for the time period provided in the order of suspension or permanently in the case of revocation and shall notify all of its clients of such revocation or suspension and shall maintain a copy of such notices in its business records.
Under circumstances in which the local licensing authority determines that the public health, welfare or safety may be jeopardized by the termination of a licensee's services, City Council may, upon its own motion or upon application by the licensee or any party affected by such termination, extend the time for the termination of the licensee's operations, subject to such reasonable, necessary and proper conditions or restrictions as he or she deems appropriate.
Each license shall be surrendered to the City Council within seventy-two (72) hours after it has been revoked or after the licensee ceases to do business pursuant to an order of suspension. If, however, the City Council or a court of competent jurisdiction has pending before it any matter relating to the renewal, revocation or transfer of a license, the licensee shall not be required to surrender the license until the matter has been adjudicated and all appeals have been exhausted, provided that a stay has been obtained in accordance with the provisions of this chapter pertaining to judicial review.
The licensee shall notify the City Council in writing within five (5) days of any material change in the information previously furnished or required to be furnished to the City Council or any occurrence which could reasonably be expected to affect the licensee's privilege to a license under this chapter.
No individual licensed by, registered by or subject to the provisions of this chapter shall wear or display any insignia, patch or pattern which shall indicate or tend to indicate that he or she is a law enforcement officer of the federal government, a state or any political subdivision thereof or which contains or includes the word "police" or the equivalent thereof, or is similar in wording to any law enforcement agency in this state. All badges, shields and any other devices shall not indicate or tend to indicate that it represents that of any law enforcement officer of the federal government, a state or any other political subdivision thereof. All such wording must be approved by the City Council.
No person while performing any activities licensed by this chapter shall have or utilize any vehicle or equipment displaying the words "police," "law enforcement officer" or the equivalent thereof or have any sign, shield, marking, accessory or insignia that may indicate that such vehicle is a vehicle of a public law enforcement agency. All such wording must indicate "private detective" or "private investigating agency" and be approved by the City Council.
No licensee shall, by the use of any letterhead, advertisement or other printed matter, or in any manner whatever, represent that he or she is an instrumentality or agency of the federal government or of the State of Rhode Island or political subdivision thereof.
Any licensee or private detective shall deliver to the City Council or their designee a bond with a surety company authorized to do business in the State of Rhode Island conditioned for the benefit of any person injured by willful, malicious or wrongful act of the licensee which in the case of an individual shall be five thousand dollars ($5,000.).
It is unlawful for any person to knowingly commit any of the following:
Provide any service required to be licensed under this chapter without possessing a valid license.
Employ any individual to perform the duties of an unarmed employee or armed employee who has not first complied with all provisions of this chapter and the regulations in all respects.
Falsely represent that a person is the holder of a valid license.
Possess a license or identification card issued to another person.
The City Council shall by regulation prescribe the form of identification cards which may be carried by persons licensed under this chapter. Every person licensed hereunder shall be given a permanent license number and shall be issued an identification card which shall be approximately two and one-half (2 1/2) inches wide and three and one-half (3 1/2) inches long and shall bear thereon the number assigned to the licensee, the full name, date of birth, residence address, brief description of the licensee, his or her fingerprints and photograph and a space upon which the licensee shall write his or her usual signature with pen and ink, or a facsimile of such signature.
Any licensee shall, on notice from the City Council, discontinue any advertising or the use of any advertisement, seal or card, which in the opinion of the City Council may tend to mislead the public. Failure to comply with any such order of the City Council shall be cause for revocation of the license.
Any person aggrieved by a final decision or order of the City Council made after hearing or rehearing, whether or not a petition for hearing was filed, may obtain judicial review thereof by appeal to the Superior Court in accordance with Chapter 35 of Title 42 of the General Laws of the State of Rhode Island.
Filing of an appeal shall not stay enforcement of the decision or order of the City Council unless the stay is obtained from the Court upon application in accordance with the rules of court or from the Superintendent upon such terms and conditions as he or she deems proper.
All licenses issued under the provisions of this chapter shall be for the term of one (1) year and shall expire annually on the 30th day of June.