Sec. 19-23.1. Detectives and detective agencies—Detective review
board; permits.
(a) For the purposes of this section, "detective" and "detective
agency" shall mean and include any person, firm, corporation,
association or partnership engaged in the business of, or
advertising, or representing himself, as being engaged in the
business of detecting, discovering or revealing crime or
criminals, or securing information for evidence relating thereto,
or discovering or revealing the identity, whereabouts, character
or actions of any persons or things.
(b)(1) In order to provide impartial review of applications for
permits to operate as detectives, there is hereby established a
detective review board, which shall have the duty of reviewing all
applications by persons, firms or corporations for a permit to
serve as detectives. In addition, the board shall have the duty of
reviewing information reported to it as to facts which could serve
as a basis for suspension or revocation of any permit previously
granted.
(2) The board shall consist of the Commonwealth's attorney,
commissioner of revenue and chief of police of the city, during
their terms of office. The board shall elect one of the members as
chairman.
(3) The board shall approve applications submitted to it,
unless there is evidence that the applicant is unfit to serve as a
private detective by reason of conviction of felony, or of
misdemeanors which indicate that the applicant exhibits a
tendency to drunkenness, violence or immorality.
(c) It shall be unlawful for any person to engage in the business
of a detective or a detective agency, without first having obtained
a permit to do so as provided in this section. Any permit
granted under this section shall be nontransferable.
It shall be the duty of each permittee to carry bodily injury
liability insurance in the amount of fifty thousand dollars for
each individual and one hundred thousand dollars for each
occurrence. A certificate of such insurance shall be filed with the
chief of police.
(d) Any person, firm, corporation, association or partnership,
desiring a permit, as required by this section shall make
application therefor to the chief of police on a form prescribed by
him. Such application shall be dated and shall be signed by the
individual applicant, or the members of the firm, association or
partnership applying, or for and on behalf of the corporation
applying by its president. Anyone signing an application shall
make oath that the information set forth therein is true and
correct. Any application to the chief of police, filed as provided in
this section shall contain:
(1) The name and business and home address of the
applicant;
(2) Place and date of his birth;
(3) All addresses at which applicant has resided in the past
ten years;
(4) A complete record of any arrests for or convictions of
crime;
(5) The type of discharge, if any, from the armed services of
the United States;
(6) Names and addresses of at least five former employers or
clients of the applicant; if applicant has never been employed, he
shall furnish at least three letters of recommendation from at
least three residents of this city;
(7) The length of time the applicant has resided in the city
preceding the date of the application;
(8) Whether the applicant is an individual, corporation,
association or partnership. Whenever the applicant is a firm,
corporation, association or partnership, the information required
for an individual applicant shall also be required for each
member or employee of such firm, corporation, association or
partnership who will be acting as a detective.
It shall be the duty of every person, whose address has been
listed in an application pursuant to this section to furnish and
keep on file with the chief of police his true home and business
address and to report changes therein.
Such application shall also be accompanied by two sets of
fingerprints and two photographs of the applicant, or if the
applicant is a firm, corporation, association or partnership, of all
the members, officers and employees of the applicant who will be
acting as detectives. Such fingerprints shall be taken by the
police department. Fingerprints so furnished shall become part
of the application and may be submitted to the Federal Bureau of
Investigation and to such other authorities as the chief of police
may deem advisable for comparison and record. Information
contained in applications submitted to the chief of police shall be
confidential, and the contents of such applications shall be
disclosed only to the board or as directed by order of a court of
competent jurisdiction.
Applications for permits filed as provided in this section shall
be accompanied by a fee of ten dollars for processing of such
application.
(e) Upon receipt of a completed application, the chief of police
shall cause investigation and review thereof to be conducted and
the results thereof submitted to the board, which shall approve
the issuance of a permit by the chief of police, as provided in
subsection (b)(3) above. In addition, the applicant shall be
provided suitable identification as a permittee. In the case of a
firm or corporation, each approved member thereof shall be
issued such identification. The identification issued shall carry in
easily read type a notice that the issuance of a permit does not
constitute any endorsement of the applicant by the city.
Identification papers so issued shall be carried by all licensed
detectives when performing duties as such, and shall be displayed
upon demand by any police officer or person being questioned.
Any applicant to whom the issuance of a permit has been
denied by the board shall have the right to appeal to the city
council; provided, that such appeal shall be filed within ten days
after receipt of notice of denial.
The board may order the suspension or revocation of permits
issued pursuant this section, when any person in control of the
business in question or acting as a detective under such permit,
violates any rule or regulation as provided for hereinafter, any
law of the state or provision of this Code or other ordinance of this
city when the violation of such rule, regulation, statute or ordinance
would be persuasive evidence that the applicant is unfit
to operate as a detective. No permit issued pursuant to this section
shall be revoked unless at a hearing before the board. The
chief of police may temporarily suspend any permit issued
under this section pending such a hearing and provided such hearing
be held within ten days of such suspension. Written notice
of such hearing shall be sent to the permittee at least five days
prior to the hearing by registered or certified mail to the address
given by him in his application. Mailing of this notice shall be
sufficient service.
Any permittee aggrieved by the decision of the board at a
hearing as provided for herein shall have a right of appeal to the
city council; provided, that such appeal is filed within ten days
after such hearing by a certificate filed with the clerk of the city
council.
(f) The chief of police may make rules and regulations for the
governing, control and conduct of detectives, detective agencies,
and like businesses; provided, that such rules and regulations
shall be subject to the approval of city council which approval
shall be given, and which rules shall become effective, only after
city council has followed the same procedure it uses for the
adoption of a general ordinance, and they shall have the same
effect as such an ordinance. (10-19-70.)
