Vallejo Municipal Code Ch. 5.55 Alarm Businesses and Agents

For purposes of this chapter, the following definitions shall be applied to the terms utilized herein unless it shall appear from the context that a different meaning is intended:

A. "Alarm system" means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, and when actuated emits a sound, transmits a signal or message.

B. "Alarm business" means any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, removing or installing any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, removed or installed an alarm system in or on any building, place or premises.

C. "Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing or installing on any building, place or premises, any alarm system.

D. "Audible alarm" means a device designed for the detection of unauthorized entry on premises, and when actuated, generates an audible sound on the premises.

E. "Proprietary alarm" means an alarm which is not serviced by an alarm business and is owned or maintained by the operator of the premises served.

F. "Emergency situation" means any situation where life or property is in physical jeopardy.

G. "False alarm" means an alarm signal necessitating response by the Vallejo police department where an emergency situation does not exist.

H. "Subscriber" means a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system.

I. "Person" means any individual, partnership, corporation or other entity, and includes the state, county, school district, recreation district and other governmental agencies to the full extent authorized by law.

(Ord. 429 N.C. (2d) § 1, 1978: Ord. 300 N.C. (2d) § 1 (part), 1975.)

A. No person shall engage in, conduct or carry on an alarm business, and no person shall represent himself to be or act as an alarm agent without first applying for and receiving a permit therefor in accordance with the provisions of this chapter. Alarm agents employed by alarm business each shall be required to comply with this section.

B. Every person engaged in the business of making, selling, repairing, servicing, altering, replacing, removing or installing a burglar alarm system shall, at all times when so engaged, have in his immediate possession a valid alarm agent/alarm business permit issued in accordance with this chapter, and shall display such permit to any peace officer or other authorized city employee upon request:

C. No person shall install, provide maintenance for, or otherwise service or remove any alarm system, proprietor alarm or audible alarm, which is programmed to report by any means an emergency situation to any phone number, without first applying for and giving appropriate permits for such activity in accordance with this chapter.

(Ord. 300 N.C.(2d) § 1 (part), 1975.)

A. The commercial services division of the finance department of the city is authorized to issue, or renew, a permit for an alarm business and alarm agents, for any period of time to any person applying therefor, on a form to be provided by the commercial services division upon payment by the applicant of the fee required in this section, and the filing by the applicant of the agreement and surety bond required under this chapter.

B. The form in which application shall be made for the permits under this chapter shall require the following information which shall to attested to under penalty of perjury:

1. The full name of the applicant;

2. The residence and business address of the applicant;

3. A statement as to whether or not the applicant holds, or has held, a license or permit for an alarm business or alarm agent from any state, municipality, governing body or licensing authority, listing such licenses and a statement of the time, place and by whom issued;

4. A statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an alarm business or alarm agent's permit or license to the applicant, together with a full and accurate statement as to the reasons for such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an alarm business or alarm agent's permit or license held by the applicant, together with a full and accurate statement as to the ions for such revocation;

5. A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than for minor traffic or vehicle code violations, and, if so, the nature of the offense and the punishment or penalty assessed therefor;

6. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application, which picture shall be approximately two inches by two inches showing the head and shoulders of the applicant (face forward) in a clear and distinguishing manner, except that the commercial services division may waive this requirement with respect to any application for renewal of permits under this chapter by an individual holding an unexpired permit issued by the city who has in a previous application complied with this requirement; and

7. The fingerprints of the applicant and the names of at least two reliable references resident of the county of Solano, state of California, who will certify as to the applicant's good moral character and business responsibility, or in lieu thereof, the names of references or any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the commercial services division may waive this requirement with respect to an application for renewal of permits under this chapter, when this requirement has been previously complied with. Fingerprints taken for any other city license or permit shall be considered sufficient to comply with this section.

C. The application shall be accompanied by a sum set out in the regulations which shall be paid to the police department as a fee for processing the fingerprints of such applicant. The fee need not be paid if the city has a record of fingerprints from the applicant for any other license.

D. Before issuing a permit to any person applying therefor, the commercial services division shall refer the applicant to the chief of police, who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the commercial services division may waive this requirement with respect to an application for renewal of a permit under this chapter if such an investigation has been previously made by the city. The chief of police shall cause the investigation provided for in this section to be made within a reasonable time, not to exceed thirty days, and shall certify to the commercial services division whether the moral character and business responsibility of the applicant is satisfactory. Such investigation may be dispensed with at the discretion of the chief of police upon being furnished with an authenticated copy of a current permit issued by another governmental agency, where a similar investigation was carried out. Such a permit shall not be expired.

(Ord. 300 N.C.(2d) § 1 (part), 1975.)

Every applicant for a permit under this chapter shall file with the commercial services division of the finance department of the city an agreement and surety bond for the sum of one thousand dollars underwritten by a surety company licensed to do business in the state, both made and executed in the form approved by the city attorney. The agreement and surety bond shall provide that the applicant will hold harmless the city and all persons from any loss proximately caused by any act of the permittee, his agents or employees, that occurs in connection with any installation, maintenance, or removal of any alarm system, proprietor alarm, audible alarm or automatic telephone calling device as described in Sections 7.80.010 and 7.80.020 of this code, which is programmed to report an emergency situation to any phone number if such installation, maintenance or removal was then in violation of any law, or was used as a subterfuge to enable the applicant or any person in conspiracy with him to facilitate any violation of the Penal Code of the state. The agreement and surety bond shall provide that the benefits thereof shall inure to, and that suit may be brought thereon by, the city and any person or persons aggrieved by any such act, or by any of them separately. If the amount of liability under the surety bond filed in compliance in this section is decreased below one thousand dollars for any reason, the permit issued under this chapter shall be automatically suspended until the permittee shall either restore the amount of liability on the surety bond to the original amount or file a new bond in said sum.

(Ord. 300 N.C.(2d) § 1 (part), 1975.)

A. A permit issued under this chapter may be revoked by the police chief or the tax and license collector may refuse an application for issuance or renewal of the permit if he determines after notice of the right to hearing:

1. That the applicant or permit holder is not an individual of good moral character and business responsibility;

2. That the application of the applicant or permit holder contains any false, fraudulent, or misleading material statement;

3. That the applicant or permit holder has made any false, fraudulent, or misleading material statement in the course of selling, promoting, installing, maintaining, or removing any alarm system, proprietor alarm, audible alarm or automatic calling device which is programmed to report an emergency situation to any telephone subscriber,

4. That the applicant or permit holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an alarm business in the city;

5. That the applicant or permit holder has violated any of the statutes of the state of California, this code, or the rules and regulations adopted thereunder, relating to alarm businesses, alarm agents, or the installation of alarm systems, proprietor alarms, audible alarms or automatic telephone wing devices;

6. That the applicant has been convicted of any crime or misdemeanor involving moral turpitude;

7. That the applicant or permit holder has promoted, sold, installed, maintained, or removed any alarm system, proprietor alarm, audible alarm or automatic telephone calling device, programmed to report an emergency situation, in an unlawful manner or in such a manner as to be a menace to the health, safety or general welfare of the public.

B. Notice of right to hearing provided for in this chapter shall be given in writing to the applicant or permit holder, as the case may be. Such notice shall be personally delivered to the applicant or permit holder, or mailed, postage prepaid, to the applicant or permit holder, as the case may be, at his last known address, and shall provide in substance as follows:

"An applicant or permit holder adversely affected by a determination under this chapter shall have the right to request a hearing upon such determination within ten (10) days after receiving notice of the adverse determination. Any hearing pursuant to such notice shall be held no earlier than ten (10) days after the notice of the hearing date is given to the applicant."

Notice of the hearing date under this chapter shall be given in the same manner as notice of the right to hearing as is provided in this section. The applicant or permit holder, as the case may be, shall have the right to be represented at such hearing by counsel.

(Ord. 300 N.C.(2d) § 1 (part), 1975.)

Any person aggrieved by any revocation or refer of application under this chapter, after the hearing provided for in Section 5.55.050, shall have the right of appeal to the city manager. Such appeal shall be taken by filing with the city clerk within ten days after notice of the action complained of has been personally delivered to the applicant or permit holder, or has been mailed, postage prepaid, to such applicant's or permit holder's last known address, a written statement setting forth fully the bounds of appeal. The city manager shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or permit holder in the same manner as provided in Section 5.55.050. The appellant shall have the right to be represented at such hearing by counsel or other person of his choice. The hearing shall be conducted privately and in an informal manner; provided, however, that the city manager shall have the right to determine the order in which evidence will be presented and other matters essential to the orderly conduct of the hearing. The decision and order of the city manager on such appeal shall be final and conclusive.

(Ord. 429 N.C.(2d) § 2, 1978: Ord. 300 N.C.(2d) § 1 (part), 1975.)

No permit issued pursuant to this chapter shall excuse any person from complying with any law, whether federal, state or local, including any requirement of this code pertaining to business licenses. Issuance of a permit under this chapter shall not entitle any permittee to carry on business within the city without obtaining a city business license as is required elsewhere in this code.

(Ord. 300 N.C.(2d) § 1 (part), 1975.)