Sacramento Municipal Code Art. VI Special Access Permits for Private Patrol Operators

For purposes of this chapter, the terms "private patrol operator" and "security guard" shall have the same meaning as set forth in Section 5.100.010. (Ord. 2012-042 § 5)

No security guard shall enter a park when the park is closed to the public, enter a park with a vehicle in areas not designated for such use, or enter a park while carrying a firearm, except when acting under the authority of a special access permit. Issuance of a special access permit conveys no property right to the permit holder, and the permit is not transferable or assignable. (Ord. 2012-042 § 5)

A special access permit issued by the director is valid for a term of one year, unless the permit is suspended or revoked prior to the expiration date. A special access permit may be renewed annually. Applications for a renewal of a special access permit shall be filed not later than thirty (30) days prior to the permit expiration date. Late renewal applications are subject to payment of the initial special access permit application fee. (Ord. 2012-042 § 5)

An application for an initial or renewed special access permit shall be accompanied by a non-refundable application fee in the amount established by resolution of the city council. (Ord. 2012-042 § 5)

Prior to issuance of an initial or renewed special access permit, the applicant shall pay an annual fee in the amount established by resolution of the city council. There shall be no refund of all or any portion of the annual fee. (Ord. 2012-042 § 5)

Only private patrol operators may apply for and may be issued a special access permit under this Article VI. An application for an initial or renewed special access permit shall be submitted to the director and shall include all of the following:

A. The name, business address, and telephone number of the applicant, together with the names of all persons employed by the applicant as security guards in conducting private patrol services in the city.

B. A copy of the applicant's license to operate a private patrol service issued by the state of California pursuant to Business and Professions Code Section 7582.

C. A copy of the applicant's and its security guards' pocket identification cards issued by the state of California pursuant to Business and Professions Code Section 7582.13.

D. For each of the applicant's security guards who carry a firearm, a copy of their firearms qualification card issued by the state of California pursuant to Business and Professions Code Section 7583.23.

E. Proof of registration of the applicant and the applicant's security guards with the Sacramento police department as required under Section 5.100.020.

F. A copy of the applicant's current business operations tax certificate as required under Chapter 3.08.

G. A copy of the applicant's current contract to provide private patrol service within the vicinity of a city park, a map of the territory to be patrolled by the applicant, and a letter of support for the issuance of the special access permit by the person or entity under contract with the applicant.

H. The name and location of the park(s) to which the applicant requests special access and the following information with regard to each park: a description of the areas to be patrolled, the hours of service, the types of patrol services, whether access with vehicles is requested and a depiction of the proposed patrol routes, and a statement indicating whether the applicant's security guards will carry firearms.

I. Such further information as the director may require. (Ord. 2012-042 § 5)

A. At all times during the term of a special access permit issued pursuant to this article, the permit holder shall continuously maintain in full force and effect general liability insurance and automobile liability insurance. The insurance coverages shall be at no cost to the city and shall comply with all of the following:

1. For the general liability policy, coverage must be at least as broad as ISO CGL Form 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;

2. For the automobile liability policy, coverage must be at least as broad as ISO Form CA 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;

3. Each policy limit per occurrence shall be in an amount as determined by the city's risk manager;

4. Each policy shall cover all losses and damages as specified in subsection D of this section;

5. Each policy shall be endorsed to provide that the city, its officers, employees, and agents are named as additional insureds; and

6. Each policy shall be endorsed to stipulate that the policy will operate as primary insurance and that no other insurance covering the city or other named insured will be called on to contribute to a covered loss.

B. No person shall exercise the authority under a special access permit without the insurance coverages as required by this section being in full force and effect.

C. The certificates of general liability insurance and automobile liability insurance and endorsements that establish compliance with subsection A of this section shall be maintained by the permit holder for at least three years after the date that the insurance policy expires.

D. The permit holder shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorneys' fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permit holder or the permit holder's officers, employees, or agents directly or indirectly arising from the exercise of the authority under the special access permit. (Ord. 2012-042 § 5)

A. The director will require the holder of special access permit to submit reports as the director determines is necessary regarding the activities of the permit holder's security guards within or near a park.

B. During the term of a special access permit, the permit holder shall notify the director in writing whenever there is any change in the security guards listed in the initial or renewed special access permit application. The permit holder shall submit for the director's approval the required verification of licensing, registration, and firearm qualification as set forth in Section 12.72.350(C), (D) and (E) for any new security guard before he or she is granted access to a park under the authority of a special access permit. (Ord. 2012-042 § 5)

A. Upon receipt of a complete application as required under Section 12.72.350 for an initial or renewed special access permit and the application fee as required under Section 12.72.330, the director shall obtain a recommendation and report from the chief of police and conduct an investigation of the application. The director shall take action on the application within thirty (30) days from the date of receipt of the application.

B. Unless the director makes findings for denial of the application under Section 12.72.390, the director shall approve the application, in whole or in part, and shall issue an initial or renewed special access permit upon payment of the annual fee as required under Section 12.72.340 and proof of insurance as required under Section 12.72.360. The director may impose conditions on approval of the application as the director determines to be reasonably necessary to approve the application. The conditions may include, without limitation, the following:

1. Restricting the parks or the area within a particular park where special access is authorized;

2. Restricting the days or time of the day where special access in a park is authorized; and

3. Prohibiting or restricting specified patrol and surveillance measures and activities within a park. (Ord. 2012-042 § 5)

A. If the director finds, from the information contained in an initial or renewed special access permit application, his or her investigation thereof, and/or the report and recommendation of the chief of police, that: (1) approving a special access permit would be contrary to the public interest or to the public health, safety, and welfare; (2) the applicant is not eligible to operate a private patrol service in the city; (3) the applicant is not under contract to provide private patrol security services to the person or entity listed in the application; or (4) the applicant has violated any prior special access permit requirement or condition, or the provisions of this article; the director shall deny the application and notify the applicant in writing of the reasons for the denial.

B. The director may suspend a special access permit at any time if the director determines that there are grounds for denial of the permit as stated in subsection A of this section. The director shall give written notice to the permit holder of the suspension, stating the reasons for the permit suspension and the period of time that special access to the park by the permit holder's security guards is prohibited. The suspension period shall not extend longer than the time necessary to investigate the reasons for the permit suspension. Upon completion of the investigation, the director may modify the permit conditions, impose new permit conditions, or revoke the permit. The director shall give written notice to the permit holder stating the reasons for the change in the permit conditions or the permit revocation and the effective date of the change or revocation.

C. The director may revoke a special access permit at any time on the same grounds as for denial of a permit as stated in subsection A of this section. The director shall give written notice to the permit holder stating the reasons for the permit revocation and the effective date that the permit is revoked.

D. The decision of the director to deny, suspend, modify, or revoke a special access permit shall be final and shall not be subject to appeal. (Ord. 2013-0007 § 5; Ord. 2012-042 § 5)