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13. Security Guard Businesses

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CHAPTER 13
SECURITY GUARD BUSINESSES

5-13-1: DEFINITIONS
5-13-2: LICENSE REQUIRED
5-13-3: EXEMPTIONS
5-13-4: LICENSE APPLICATION, TERM OF LICENSE AND RENEWAL
5-13-5: APPLICATION REVIEW
5-13-6: LICENSE DENIAL, SUSPENSION, CANCELLATION, NON-RENEWAL, OR REVOCATION
5-13-7: INSURANCE REQUIRED
5-13-8: BADGES, UNIFORMS, AND EQUIPMENT
5-13-9: CHANGE OF LOCATION OR PERSONNEL
5-13-10: RULES AND REGULATIONS
5-13-11: PROHIBITED ACTS

5-13-1:  DEFINITIONS:  (1959 3563)  The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the content clearly indicates otherwise:

“Security Guard” shall mean any person employed by a security guard business, as defined in this Section, who is directly engaged in providing protection for the clients of such business, or any person employed by another type of business for the purpose of providing protection to persons or property or to preserve the peace in the conduct of such business, which protection or preservation of the peace is incidental to the primary purpose of such business. 

“Security Guard Business” shall mean any business whose primary purpose is to provide protection to persons or property or to preserve the peace in the conduct of a business.  The term "security guard business" shall not include a business or operation where security is merely incidental to the primary purpose of the business.

5-13-2:  LICENSE REQUIRED:  (1959 2041 3563)  It shall be unlawful for any person to engage in or conduct a security guard business without first obtaining a license pursuant to this Chapter. 

5-13-3:  EXEMPTIONS:  (1959 2041)

(A) Security guards employed by any common carrier engaged in interstate commerce, maintenance workers, custodians, janitors, and repair persons are exempted from the provisions of this Chapter.

(B) A business may hire a security guard without being licensed as a security guard business if:

(1) The need for a security guard is incidental to the primary purpose of the business;

(2) The security guard wears a uniform that plainly identifies the business as the employer of the security guard; and

(3) The security guard complies with all provisions of this Chapter, except the requirement of obtaining a license as a security guard business. 

5-13-4:  LICENSE APPLICATION:  (1959 2041 3563)

(A) Applicants for a security guard business license shall file a verified application with the City Clerk on forms to be provided by the City Clerk for that purpose that shall contain at least the information specified in this Section.

(B) An applicant for a security guard business license shall provide:

(1) The name of the licensee;

(2) The business address;

(3) A description of the nature and type of business to be conducted, and the services to be offered, by the security guard business;

(4) A color photograph depicting the uniform and badge to be worn by security guards employed by the security guard business; and

(5) Any other pertinent information requested by the City Clerk.

(C) If the applicant for a security guard business license is other than a sole proprietor, the information required under subsection (B) of this Section must be supplied by each owner, officer or director of the business applying for the license.

(D) A license for a security guard business is not transferable. 

5-13-5:  APPLICATION REVIEW:  (1959 2041 2574 3563)

(A) Upon receipt of an application filed pursuant to this Chapter, the City Manager or his designee shall review the application, refer the application to the Chief of Police for review, and within thirty (30) days shall either issue or deny the license. The thirty (30) day period shall not begin to run until all information required under this Chapter has been submitted.

(B) Any of the following circumstances may be considered cause for denial of a license:

(1) The applicant is under twenty-one (21) years of age;

(2) The applicant was convicted of a felony within ten (10) years immediately preceding the date of application;

(3) The applicant was convicted of a misdemeanor or ordinance violation involving moral turpitude or violence within five (5) years immediately preceding the date of application;

(4) The applicant has failed to comply with any of the provisions of this Chapter;

(5) The applicant's character and reputation is not satisfactory to the City Manager;

(6) The applicant does not have the basic skills to speak and to comprehend the spoken English language as determined by the City Manager or his designee;

(7) The required fees have not been paid;

(8) The application is incomplete or contains false, misleading or fraudulent statements;

(9) Nonconformance of the business, premises, building or land use with this Code; or

(10) Any reason stated in Chapter 1 of this Title.

(C) Upon review and approval by the City Manager or his designee, and payment of the required fee, the security guard business license shall be issued.  The application fee paid for any license shall be nonrefundable.

(D) The grounds specified for denial in this Section shall apply to individual applicants, as well as directors, officers or general partners of any applicant.

(E) An application for a security guard business license shall be accompanied by an investigation fee of thirty dollars ($30).

(F) The annual fee for a security guard business license shall be sixty dollars ($60). 

(G) All security guard business licenses issued pursuant to this Chapter shall expire on December 31st of the year in which the license was issued, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees.  Renewal may be denied as provided below. 

5-13-6:  LICENSE DENIAL, SUSPENSION, CANCELLATION, NON-RENEWAL, OR REVOCATION:  (1959 2041 2574 3563)  A license may be denied, cancelled, denied renewal, suspended or revoked for any violation of the provisions of this Chapter, or for any reason set forth in Chapter 1 of this Title.

5-13-7:  INSURANCE REQUIRED:  (1959 2041 3563)

(A) Before any license shall be issued an applicant for a license for a security guard business, the applicant shall file with the City Clerk a certificate of insurance indicating current insurance coverage as follows:

Comprehensive General Liability:

(1) Bodily Injury $   500,000 (each person)
   $1,000,000 (each occurrence)
(2) Property Damage $   500,000 (each person)
   $1,000,000 (each occurrence)

(B) Such certificate of insurance must name the City of Westminster as an additional insured for activities conducted by the licensee within the City, and must be approved by the Risk Manager, both as to form and as to the responsibility of the surety.  The certificate of insurance shall also provide that coverage shall not be cancelled without at least thirty (30) days notice to the City.  Cancellation shall result in automatic suspension of the security guard business license.

5-13-8:  BADGES, UNIFORMS AND EQUIPMENT:  (1959 2041 3563)

(A) The City Manager or his designee may, in his discretion, require that any licensee or employee of a security guard business wear an identification badge or uniform, but no badge or uniform shall be worn by any licensee or employee that is a colorable imitation of badges or uniforms or could be confused with those worn by officers of the Westminster Police Department, Adams County Sheriff's Office, Jefferson County Sheriff's Office, or the Colorado State Patrol.

(B) No vehicle used in a security guard business or by a security guard while on duty shall be used or identified in any way that may be confused with those used by the Westminster Police Department, Adams County Sheriff's Office, Jefferson County Sheriff's Office, or the Colorado State Patrol, nor shall any vehicle be equipped with a siren or emergency lights in violation of local or State law.

(C) The words "police" or "officer" or other similar words that might be confused with or represent a municipal, county, state or federal law enforcement agency shall not be used in any advertisement upon any premises within the limits of the City, nor on any clothing, vehicles or equipment used by the licensee.

(D) The City Manager or his designee may issue an order denying use of any item that is in violation of the provisions of this Section.

5-13-9:  CHANGE OF LOCATION OR PERSONNEL:  (1959 2041 3563)

(A) Any licensee changing its place of business shall immediately notify the City Clerk of such fact, together with the new place of business, but a change of location shall not be deemed a transfer of a license or require payment of a new fee.

(B) Each security guard business required to be licensed pursuant to this Chapter shall maintain a current record of all employees and of their assignments. These records shall be open to the City Manager or his designee for inspection at any time during regular business hours.

5-13-10:  RULES AND REGULATIONS:  (1959 2041 3563)  The City Manager or his designee may issue and promulgate from time to time rules and regulations to provide for the health, safety and welfare of the City in relation to security guard businesses.  Such rules may include duties of the licensees, manner of conduct, reports to be furnished and any other regulations deemed necessary by the Chief of Police. 

5-13-11:  PROHIBITED ACTS:  (1959 2041 3563)

(A) It shall be unlawful for any licensee or an employee of a licensee:

(1) To arrest any person, except when that person commits a criminal offense in the presence of the person making the arrest;

(2) To fail to release an arrestee immediately to the Westminster Police Department;

(3) To fire a firearm in the performance of his duties, except when necessary to protect himself or another from great bodily harm;

(4) To hinder or interfere with any action or investigation under the jurisdiction of the Westminster Police Department;

(5) To fail to report to the Westminster Police Department any violations of city, state or federal laws of which he has knowledge;

(6) To represent himself to be an officer of the Westminster Police Department or any municipal, county, state or federal law enforcement agency;

(7) To fail to identify himself or take any action that would obscure his presence from a police officer inspecting an area where the licensee is assigned;

(8) To wear a badge or uniform or use any vehicle or equipment not authorized for use under Section 5-13-8, W.M.C.;

(9) To interfere with the performance of any police officer or City official in the performance of their official duties;

(10) To advertise, represent or identify himself as a police officer or use any acronym or initials that could cause him to be mistaken to be a member of a federal, state or municipal law enforcement agency.

(B) No licensee or an employee of a licensee shall have any greater authority to arrest than would another private citizen.  Nothing in this Chapter shall be construed to mean that a licensee may conduct criminal investigations, make arrests or reports of criminal activity, use deadly force, or take any other action on behalf of, under color of laws of, or under the authority of the City of Westminster.

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