[R.O. 2007 §650.010; Ord. No. 823 §1, 12-10-1981]
A "private watchman" is any person who conducts or carries on or engages in the activity or occupation of watching or guarding over any person or property, either real or personal, so as to act in the function of a guard and not primarily engaged in the full performance of investigating work. Further, the definition of a private watchman does not include any person who is employed and has other duties besides merely watching over or guarding said property of employer, nor does it include persons who are guarding or watching over property in which they have a proprietary or pecuniary interest.
[R.O. 2007 §650.020; Ord. No. 823 §2, 12-10-1981]
Any person who desires to engage in the profession, occupation or business of private watchman within the City limits of Bolivar, Missouri, shall acquire a license from the City of Bolivar before engaging in that profession, occupation or business.
[R.O. 2007 §650.030; Ord. No. 823 §3, 12-10-1981]
Any person desiring to act as a private watchman in the City of Bolivar, Missouri, shall make a written application listing any and all information required by this Chapter or such further information as may be reasonably required by the Chief of Police in connection with the application.
The following information shall be required to accompany each application as to both applicant and any employee or employees which applicant might hire, to wit:
The name and address of each individual who shall act as a private watchman under said license including applicant and any employees;
Permanent address for the applicant for the license and telephone number;
Whether or not the applicant or any employees have been convicted of or plead or been found guilty (whether or not sentence was imposed) of a violation of any Federal or State law, or County or Municipal ordinance during the five (5) year period immediately preceding the filing of such application, or if any such person has been on probation or parole imposed by any Federal, State or Municipal Court during such five (5) year period.
A list of prior experience as either a private watchman, guard or Law Enforcement Officer;
The area in which the applicant will act as a private watchman;
Address of any and all places where the applicant or employees have resided for the previous seven (7) years.
[R.O. 2007 §650.040; Ord. No. 823 §4, 12-10-1981]
In addition to the application and the information as required above, the applicant shall also provide a photograph of the applicant and each employee and fingerprints shall be taken by the Bolivar City Police of the applicant and any employees.
[R.O. 2007 §650.050; Ord. No. 823 §5, 12-10-1981]
All applications for license as a private watchman shall be filed with the Chief of Police who shall investigate the moral character and fitness of the applicant or applicants and their employees, their experience in performing such services as a private watchman and any other information concerning the applicant as may be necessary in order to determine the applicant's fitness and qualifications to conduct the activity of a private watchman. The Chief of Police shall then approve or deny within a period of five (5) working days after the submission of the application.
[R.O. 2007 §650.060; Ord. No. 823 §6, 12-10-1981]
In making his/her determination, the Chief of Police shall consider any information which would be pertinent to said determination and shall issue a license to the applicant only upon the following conditions:
Applicant has complied with all the provisions of this Chapter in making application for license and has not hindered the investigation made by the Chief of Police;
Neither the applicant nor any of his/her employees have been convicted or has plead or been found guilty (whether or not sentence was imposed) of a felony, or of a misdemeanor or ordinance violation involving dishonesty or moral turpitude, or has been on probation or parole imposed by any Federal, State or Municipal Court;
The applicant and applicant's employees are of a good moral character and are fit to carry out the business or occupation of a private watchman.
In ascertaining whether applicant and his/her employees are of a good moral character, the Chief of Police shall consider, but not be limited by, the following:
Prior convictions, pleas of guilty or findings of guilt (whether or not sentence was imposed) of a felony, or of a misdemeanor or ordinance violation involving dishonesty or moral turpitude;
Addiction to drugs or alcohol;
Reputation for truthfulness and veracity;
General reputation for honesty.
[R.O. 2007 §650.070; Ord. No. 823 §7, 12-10-1981]
The license fee shall be the sum of twenty-five dollars ($25.00) per year or a part thereof as determined under Section 620.080 hereof.
[R.O. 2007 §650.080; Ord. No. 823 §8, 12-10-1981]
Said license, as granted herein, shall be granted for a period of one (1) year from the first (1st) day of July to the thirtieth (30th) day of June of the following year.
[R.O. 2007 §650.090; Ord. No. 823 §9, 12-10-1981]
Every private watchman licensed under the provisions of this Chapter shall furnish a bond to the City in the sum of five thousand dollars ($5,000.00) conditioned upon the faithful performance of his/her work and the observance of all provisions of this Chapter, all of the ordinances of the City of Bolivar and all the laws of the State of Missouri and the United States of America. Such bond shall be for the use and benefit of the City and of any person who may have employed such licensee or his/her employees and has been injured by the willful, malicious or wrongful act of such licensee or licensee's employees. The bond requirements of this Section may be waived by the Board of Aldermen upon satisfactory proof by the employer of the licensee or licensee's employees that said employer has a liability policy covering the said licensee or employees acceptable to the Board of Aldermen.
[R.O. 2007 §650.100; Ord. No. 823 §10, 12-10-1981]
Each such person licensed as a private watchman shall receive an identification card which shall indicate that said person is licensed under the ordinances of the City of Bolivar to act as a private watchman. Further, each person acting as a private watchman shall wear a uniform while on duty, a description of which shall be maintained on file with the Chief of Police of the City of Bolivar, Missouri, and each individual shall wear a badge stating that such individual is a private watchman.
Such uniform and badge shall be worn at all times while the private watchman is on duty and the identification card shall be carried on the person of the private watchman.
[R.O. 2007 §650.110; Ord. No. 823 §11, 12-10-1981]
The license granted under the provisions of this Chapter shall terminate upon its expiration and non-renewal. Such license shall be suspended by the Chief of Police if the Chief of Police shall have good cause to believe that any information provided by the applicant in his/her application was not true in any material respect, or that such statements would not be true in any material respect if the application was filed on the date of the suspension. The Chief of Police shall immediately notify the licensee of the suspension of the license, that the licensee is prohibited from engaging in the business of private watchman during the period of such suspension, the facts upon which the suspension has been imposed, and the right of the licensee to present evidence within ten (10) days following the date of such notice which evidences that the facts relied upon by the Chief of Police are incorrect and that the licensee continues to meet the requirements of this Chapter or has remedied the non-complying conditions. If the Chief of Police is satisfied by clear and convincing evidence that the licensee continues to meet the requirements of this Chapter, or that the licensee has remedied the non-complying conditions, the suspension shall be removed and the licensee shall be permitted to resume performing the duties of a private watchman. If, however, the Chief of Police is not satisfied by clear and convincing evidence that the licensee meets the requirements of this Chapter or has remedied the non-complying conditions on which the suspension was based, the Chief of Police shall remove the license. Any licensee whose license has been revoked may appeal such revocation to the Board of Aldermen by filing a Notice of Appeal with the City Clerk within ten (10) days after written notice from the Chief of Police of the revocation of the licensee's license. The Board shall conduct a hearing within fifteen (15) days after the filing of such appeal. Such hearing need not conform to the rules of evidence but the licensee may be represented by legal counsel, and both the Chief of Police and the licensee may present documentary or oral evidence that is reasonably relevant to the issue of whether the licensee meets the requirements of this Chapter. The Board shall render a written decision that sustains or reverses the revocation of the licensee's license within ten (10) days after the date of the hearing. Any decision of the Board that is adverse to the licensee may be appealed to the Circuit Court of Polk County, Missouri as a non-contested case under the Missouri Administrative Procedures Act.
[R.O. 2007 §650.120; Ord. No. 823 §12, 12-10-1981]
It is the responsibility of the licensee to return any identification card given to any of licensee's employees at the time said employee shall be terminated. Further, said licensee shall promptly notify the Chief of Police of the termination of said individual. Before hiring any new employee, the licensee shall submit an application to the Board of Aldermen setting forth any and all information pertaining to said perspective employee which may be required under this Chapter.