[CC 1961 §33.01; Ord. No. 1631 §1, 11-20-1967]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The business of making, for hire, an investigation for the
purpose of obtaining information with reference to any of the following
matters: Crimes against any commonwealth or wrongs done or threatened;
the habits, conduct, movements, associates, transactions, reputation
or character of persons; the credibility of witnesses or other persons;
the location or recovery of lost or stolen property; securing evidence
to be used before authorized investigating committees, bonds of award
or arbitration, or in the trial of civil or criminal cases; the causes,
origin or responsibility for fires or accidents, or injury to real
or personal property; or strikes and labor difficulties.
Any person engaged in the detective or watchman business,
for hire, who employs one (1) or more persons as employees, assistants,
clerks, bookkeepers or operatives in his/her business; provided, that
persons engaged in such business, whose employees, other than office
employees are in full uniform, shall not be classed as a detective
or watchman agency.
A person engaged in the detective business for hire, who
does not employ or use any employees, assistants, clerks, bookkeepers
or operatives.
A person engaged or employed by another to protect the property,
assets of others or to protect the lives and safety of persons lawfully
entering, leaving or upon the premises of another.
[CC 1961 §33.02; Ord. No. 1631 §1, 11-20-1967]
No person shall engage in the business of private detective,
private watchman or establish, conduct, maintain or operate a detective
agency or watchman agency in the City, without having first obtained
a license so to do, as hereinafter provided.
[CC 1961 §33.03; Ord. No. 1631 §1, 11-20-1967; Ord. No. 1941 §1, 12-18-1972]
A.
Any
person intended to establish or conduct the business of a private
detective or private watchman or a detective or watchman agency, shall
file a written application for a license with the Director of Finance
which shall contain the following:
1.
If the applicant is a person, the application shall be signed and
verified by such person, and if the applicant is a firm or partnership,
the application shall be signed and verified by each individual composing
or intending to compose such firm or partnership. The application
shall state the full name, age, residence, present and previous occupations,
covering a period of five (5) years prior to such application, of
each person or individual so signing the same, and shall show that
he/she is a citizen of the United States. Such application shall also
give the location of the office in the City, and if there is more
than one (1) office, the location of each of same, and facts sufficient
to show the good character, competency and integrity of such person
so signing such application. Such application shall be approved as
to each person so signing same by not less than five (5) reputable
citizens, each of whom shall certify that he/she has personally known
such applicant for a period of at least five (5) years prior to the
filing of such application, that he/she has read such application
and believes each of the statements made therein to be true, and that
such person is honest, of good character, competent and not related
or connected to the person so certifying by blood or marriage. The
certificate of approval shall be signed by each of such citizens and
duly verified before an officer authorized to administer oaths.
2.
If the applicant is a corporation, the application shall be signed and verified by the President, Secretary and Treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business in the City, and shall be accompanied by a copy of its certificate of incorporation. Each and every requirement of Subsection (1) of this Section as to a person or the individual members of a firm or partnership, shall apply to the President, Secretary and Treasurer of such corporation, and each of such officers, his/her successor or successors, shall, prior to the entering upon the discharge of his/her duties, sign and verify a like statement, approval in like manner, as is by Subsection (1) prescribed in the case of a person or individual member of a firm or partnership. In the event of the death, resignation or removal of any such officer, due notice of that fact shall forthwith be given in writing to the Director of Finance.
3.
Upon the filing of such application with the Director of Finance,
he/she shall at once deliver it to the Chief of Police, who shall
investigate such application and the matters and things stated and
transmit his/her report to the City Manager with respect thereto,
together with such application within ten (10) days after the receipt
thereof by him/her.
4.
Each applicant herein must be at least twenty-one (21) years of age
and shall be a person of good moral character, and he/she must also
certify and present to the City such certification that he/she has
completed the course of instructions conducted by the St. Louis Police
Academy pertaining to a watchman's training.
[CC 1961 §33.04; Ord. No. 1631 §1, 11-20-1967]
If it appears from the examination of such application and the report and recommendation of the City Manager as provided by Section 635.030 of this Chapter that the applicant is of good character, and of approved competency and integrity, the Council may authorize the Director of Finance by motion to issue and deliver to such applicant a license as a private detective or private watchman business in the City. The license certificate shall be in a form to be prescribed by the Director of Finance and shall specify the full name of the applicant, the location of the place of business of the applicant, the date on which it is issued, and the date on which it will expire.
[CC 1961 §33.05; Ord. No. 1631 §1, 11-20-1967; Ord. No. 1689 §1, 10-7-1968]
Every applicant for a license, under the provisions of Section 635.030 of this Chapter, shall pay, if the applicant is a private detective or private watchman an annual license fee of five dollars ($5.00), if the applicant is a detective agency and employs six (6) or less permanent operatives an annual fee of twenty-five dollars ($25.00) and if such detective agency shall employ more than six (6) permanent operatives an annual license fee of one hundred dollars ($100.00).
No license shall be issued until the applicant executes, delivers
and files in the office of the Director of Finance a bond with a surety
company as surety in the sum of two thousand dollars ($2,000.00) if
a private detective, and in the sum of five thousand dollars ($5,000.00)
if a detective agency, conditioned for the faithful and honest conduct
of such business by such applicant, which bond, as to its form, manner
of execution and kind and sufficient of surety thereon, must be approved
by the City Manager. Such bond shall be payable to the City for the
use and benefit of the City and of the person who may have employed
such licensee and been injured by the willful, malicious or wrongful
act of such licensee.
[CC 1961 §33.06; Ord. No. 1631 §1, 11-20-1967]
All such licenses shall expire on the thirtieth (30th) day of
April following the date of issue, and no license shall be issued
for any period of time less than a year or for a less sum than the
full annual license fee. The fee for each license issued shall be
collected in full at the time of the issuance and delivery thereof.
[CC 1961 §33.07; Ord. No. 1631 §1, 11-20-1967]
When a license shall have been granted to any person to engage in the business of private detective or private watchman, or to establish, maintain or conduct a private detective agency or watchman agency as herein provided, any such license shall be renewed after its expiration merely on the application of the licensee, and Section 635.030 shall not govern the manner and form of such application for renewal except in the case of a licensee whose license has been revoked.
[CC 1961 §33.08; Ord. No. 1631 §1, 11-20-1967]
Licenses may be issued at any time during the license year upon
compliance with all the provisions herein and the payment of the full
fees herein prescribed. No license granted under herein shall be transferable.
[CC 1961 §33.09; Ord. No. 1631 §1, 11-20-1967]
A.
The
license provided herein shall be revoked by the Council upon hearing
duly had, for any of the following reasons:
1.
If it shall appear that such licensee has knowingly violated any
of the provisions herein.
2.
If it shall appear that such licensee has knowingly instructed any
employee to violate any of the provisions herein.
3.
If it shall appear that such licensee has knowingly made a false
report in respect to any of the matters in which such applicant may
be employed.
4.
If it shall appear that such licensee has divulged any information
which he/she acquired from or for his/her client to any person other
than his/her client, except when authorized by his/her client to divulge
such information, or as he/she may be required to do by law.
5.
If it shall appear that such licensee has knowingly and willfully
sworn falsely in any judicial proceeding, or suborned perjury therein.
6.
If it shall appear that such licensee has knowingly permitted any
employee to make a false report or has knowingly permitted any employee
to divulge any information acquired from or for his/her client.
7.
If it shall appear that such licensee has accepted money or gratuities
from any person whose affairs he/she may have been otherwise employed
to investigate.
B.
In
the event it shall appear that any co-partner or any person, member
of a firm or any officer of a corporation holding a license hereunder
has done or committed any of the things set forth in the foregoing
paragraphs (1) through (7), both inclusive, then the Council shall
revoke the license of such person, partnership, firm or corporation.
[CC 1961 §33.10; Ord. No. 1631 §1, 11-20-1967]
Immediately upon the receipt of a license issued herein the
licensee named therein shall cause such license certificate to be
posted up and at all times displayed in a conspicuous position in
his/her place of business, so that all persons visiting such place
may readily see the same. In case of revocation, such license certificate
shall be surrendered to the Director of Finance within five (5) days
after notice in writing to the holder has been given that such license
has been revoked.
[CC 1961 §33.11; Ord. No. 1631 §1, 11-20-1967]
If it shall be established to the satisfaction of the Director
of Finance, that an unexpired license certificate issued in accordance
with the provisions herein has been lost or destroyed,without fault
on the part of the holder, the Director of Finance shall issue a duplicate
license certificate for the unexpired portion of the period of the
original license.
[CC 1961 §33.12; Ord. No. 1631 §1, 11-20-1967]
If the holder of an unexpired license issued pursuant hereto
removes his/her office, he/she shall, within twenty-four (24) hours
immediately following such removal, give written notice of such removal
to the Director of Finance, which notice shall describe the premises
to which such removal is made and the date on which it was made, and
he/she shall send his/her license certificate to the Director of Finance,
who shall write or stamp, over his/her signature, a statement to the
effect that the holder thereof, on the date stated in such written
notice, removed his/her office from the place originally described
in such license certificate to the place described in such written
notice. Such license certificate with the endorsement thereon shall
be returned to the licensee named therein.
[CC 1961 §33.13; Ord. No. 1631 §1, 11-20-1967]
Nothing herein shall apply to any officer belonging to the Police
force of the State, or of any County, City, town, village or other
municipal corporation thereof, appointed or elected by due authority
of law, nor to any person in the employ of any Police force or Police
Department of the State or of any County, town, City, village or other
municipal corporation thereof, while engaged in the performance of
his/her official duties, nor to any State's Attorney or any person
in the employ of any State's Attorney while engaged in the performance
of his/her official duties.
[CC 1961 §33.14; Ord. No. 1631 §1, 11-20-1967]
The holder of an unexpired license for a detective agency or
watchman agency issued herein, may employ, to assist him/her in his/her
work and in the conduct of his/her business, as many persons as he/she
may deem necessary, and shall at all times during such employment
be accountable for the good conduct in the business of each and every
person so employed. Any person so in the employ of the holder of a
license for a detective or watchman agency need not be the holder
of a license certificate issued pursuant to the provisions herein.
[CC 1961 §33.15; Ord. No. 1631 §1, 11-20-1967]
No person who is or has been an employee of a holder of a license
for a detective or watchman agency granted herein shall divulge to
any one other than his/her employer, except as he/she may be required
by law, any information acquired by him/her during such employment
in respect to any of the work to which he/she shall have been assigned
by such employer or any information obtained by him/her in such employer's
service. No person who is an employee of a holder of such a license
shall make any false reports or account to such employer or to the
City of Berkeley.
[CC 1961 §33.16; Ord. No. 1631 §1, 11-20-1967]
A.
It
shall be unlawful for any person to act as or hold himself/herself
out as, a special or private detective or watchman for hire, within
the City or for any person to solicit, engage in or to hold out himself/herself
as being engaged in the business of furnishing or supply special or
private detectives or private watchmen within the City, unless such
person is licensed herein or is regularly employed by a duly licensed
special or private detective or private watchman, provided however,
private watchmen shall:
1.
Have the same rights, powers and duties as Police Officers of the
City while on duty and in the employment of another. They shall take
an oath as special Policemen and shall be subject to call by the Police
authorities of the City in an emergency.
2.
Secure and wear while on duty a badge on which shall be inscribed
"Private Watchman, City of Berkeley, Missouri".
3.
The provisions hereof do not apply to regular employees on private
property who act as watchmen.
[CC 1961 §33.17; Ord. No. 1631 §1, 11-20-1967]
Any person who shall violate or fail to comply with any provision
of this Chapter shall be deemed guilty of a misdemeanor and shall,
upon conviction, unless otherwise provided in this Chapter, be punished
by a fine of not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00). Each day any violation of any provision of this
Chapter shall continue shall constitute a separate offense.
