Escondido Municipal Code Art. 2 License

It shall be unlawful for any employee of a state licensed private patrol operator who is unable to furnish evidence of registration pursuant to subdivision (f) of Section 7514 of the California Business and Professions Code or for any person to perform or offer to perform as a street patrol service or to act as a street patrol special officer in this city unless licensed pursuant to this article.

(Code 1957, § 2611(1); Ord. No. 73-20, § 4, 6-6-73)

An application for a street patrol service license or a street patrol special officer license shall be made to the chief of police on forms provided by the chief, which shall be in a form fixed by approved rules and regulations.

(Code 1957, § 2621; Ord. No. 73-20, § 5, 6-6-73)

No person shall make any false statement in an application for a license required by this article.

(Code 1957, § 2611(3))

An application for a street patrol service license shall be accompanied by a receipt from the director of finance showing the payment of a tax of $25.

(Code 1957, § 2622; Ord. No. 73-20, § 6, 6-6-73)

An application for a street patrol special officer license shall be accompanied by a receipt from the director of finance showing the payment of a fee of $5.10.

(Code 1957, § 2622.1; Ord. No. 73-20, § 7, 6-6-73)

The tax for a license required by this article shall be returned to the applicant for such license if the application is denied and shall be paid into the general fund of the city if the license is issued.

(Code 1957, § 2622.2)

No street patrol service license shall be issued by the chief of police unless the applicant files with him a surety bond executed by such applicant with two or more sureties, or by a surety company authorized to do business in the state in the sum of $500 conditioned for the careful, faithful and honest conduct of the business of street patrol service.

(Code 1957, § 2641; Ord. No. 73-20, § 8, 6-6-73)

The bond required by section 21-19 shall be approved by the city attorney as to form, execution and sufficiency of sureties.

(Code 1957, § 2642)

Every person licensed in accordance with this article shall, at all times, maintain on file with the chief of police the surety bond required by this article in full force and effect; and upon failure to do so the license of such licensee shall be forthwith suspended until such a bond is so placed on file.

(Code 1957, § 2644)

The bond required in section 21-19 shall be taken in the name of the people of the state; and every person injured by the negligent, wilful, malicious or wrongful act of the principal, his agent, servant or employee, in the conduct of said street patrol service may bring an action on the bond in his own name to recover damages for such negligent, wilful, malicious or wrongful act.

(Code 1957, § 2643; Ord. No. 73-20, § 9, 6-6-73)

Unless the surety bond required by this article expressly provides to the contrary, when any person obtains a judgment thereon, the bond shall be deemed to have been reduced by the amount of the judgment and the bond shall no longer be in full force and effect to that extent.

(Code 1957, § 2645)

The chief of police shall immediately suspend any street patrol service license when the bond required by section 21-19 lapses, is reduced by reason of a judgment thereon or for any other reason is no longer in full force and effect.

(Code 1957, § 2661; Ord. No. 73-20, § 10, 6-6-73)

The chief of police shall investigate the character and qualifications of all applicants for licenses required by this article.

(Code 1957, § 2623)

If the chief of police is satisfied that the applicant for a license required by this article is of good moral character and qualified to hold the license applied for, he shall issue the license, otherwise he shall deny the application and notify the applicant of such denial by notice mailed to him at the address given in his application.

(Code 1957, § 2623.1)

The chief of police's determination to issue the license required by this article or deny the application therefor shall be final unless the applicant, within 10 days of the date of mailing of the notice of denial required in section 21-26, shall, in writing, request a hearing thereon by the council.

(Code 1957, § 2624)

Upon receipt of a request for a hearing to review the denial of an application for a license required by this article, the clerk of the council shall set such request for hearing not later than 15 days therefrom, or at the next council meeting thereafter and mail notice of the hearing to the chief of police and to the applicant at the address shown on his request of hearing at least five days prior to the date of the hearing.

(Code 1957, § 2624.1)

At a hearing to review the denial of an application for license required by this article, the council shall hear the chief of police and his witnesses and the applicant and his witnesses.

(Code 1957, § 2624.2)

After a hearing to review the denial of an application for a license required by this article, the council shall, by resolution, either sustain the chief of police's action or direct the chief to issue the license applied for.

(Code 1957, § 2624.3)

All licenses issued pursuant to this article shall be for a term of one calendar year.

(Code 1957, § 2631)

Licenses issued under this article cannot be transferred.

(Code 1957, § 2634)

Upon presentation by those persons licensed pursuant to this article of a receipt from the director of finance showing the payment of a renewal tax in the same amount as the tax on the original application, the chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time such licenses expired.

(Code 1957, § 2625)

Licenses for street patrol special officers shall set forth the street patrol service for whom the street patrol special officer is authorized to act.

(Code 1957, § 2632; Ord. No. 73-20, § 11, 6-6-73)

The chief of police may suspend any license issued in accordance with this article for a violation of approved rules and regulations.

(Code 1957, § 2662)

A violation of approved rules and regulations by one licensed pursuant to this article shall be grounds for suspension of such license.

(Code 1957, § 2657)

Suspension of a license required by this article may be for a definite length of time or until the violation is avoided.

(Code 1957, § 2663)

The chief of police shall immediately notify any licensee, by personal service, of the suspension of his license and inform the council of his action.

(Code 1957, § 2664)

Any licensee whose license is suspended as authorized by this article may, in writing, request a hearing thereon by the council.

(Code 1957, § 2665)

Upon receipt of a request for a hearing to review the suspension of a license required by this article, the clerk of the council shall set such request for hearing not later than 15 days therefrom, or at the next council meeting thereafter, and mail notice of hearing to the chief of police and to the licensee at the address shown on his license at least five days prior to the date of the hearing.

(Code 1957, § 2665.1)

At a hearing to review the suspension of a license required by this article, the council shall hear the chief of police and his witnesses and the licensee and his witnesses.

(Code 1957, § 2666)

After the hearing to review the suspension of a license required by this article, the council shall by resolution, either (1) sustain the chief's action, (2) modify the terms of the suspension, or (3) order the license reinstated.

(Code 1957, § 2667)

Changes in the boundaries of the territory within which a street patrol service may operate and in the street patrol service for whom a street patrol special officer is authorized to act shall be made in the manner provided in approved rules and regulations.

(Code 1957, § 2633; Ord. No. 73-20, § 12, 6-6-73)

It is unlawful to act as a street patrol special officer for a street patrol service other than the street patrol service his license authorizes him to act for, unless so authorized by the chief of police.

(Code 1957, § 2611(2); Ord. No. 73-20, § 13, 6-6-73)