All persons obtaining a license engaging as a private detective are
hereby subject to the following sections.
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:
A. Has violated any provisions of this chapter or rules
and regulations promulgated hereunder;
B. 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;
C. Practices fraud, deceit or misrepresentation;
D. Makes a material misstatement in the application for
or renewal of a license;
E. Demonstrates incompetence or untrustworthiness in actions
affecting the conduct of the business required to be licensed under this chapter;
or
F. Has been convicted of a felony.
The City Council procedure in approving or denying an application for
a license or renewal thereof shall be as follows:
A. If the application is approved, the City Council shall
issue a license in the form as provided in this chapter.
B. 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.
C. Within fifteen (15) days from the receipt of notice the
applicant or licensee may request a hearing in writing.
D. If a request for a hearing is timely received, the City Council shall set a date for hearing and notify the parties of the time and place thereof. All hearings shall be held in accordance with the provisions of Chapter
35 of Title 42 of the General Laws of the State of Rhode Island.
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(72) hours after it has been revoked or after the licensee ceases to do business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.
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:
A. Provide any service required to be licensed under this
chapter without possessing a valid license.
B. 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.
C. Falsely represent that a person is the holder of a valid
license.
D. 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.
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.