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HomeMy WebLinkAbout23870 J� ORDINANCE NO. �- AN ORDINANCE of the City of Kent, Washington, relating to private security business; repealing Chapter 5.22 (Ordinance No. 1693) relating to merchant patrols; adopting a new Chapter 5.23 of the Kent City Code regulating private security services; providing penalties for violation of the Code; and authorizing an agreement with King County for enforcement of the Code. WHEREAS, The County and the City have jurisdiction to regulate the activities of private security personnel including, but not by way of limitation, private guards, merchant patrolmen and detectives within their respective boundaries; and WHEREAS, the business of private security presents peculiar licensing and law enforcement problems of a multi -jurisdictional nature; and WHEREAS, it is desirable in order to adequately protect the interest of the County and City, and the citizens thereof, to provide for a uniform County -wide system of licensing such private security activities and the persons therein engaged; and WHEREAS, the County and its employees and more particularly the Business License Division of the King County Department of General Services are well qualified and able in matters regulating to the licensing and enforcement of laws relating to the conduct of the private security business; and WHEREAS, the City desires to obtain the assistance of the County in matters relating to the licensing and enforcement of laws relating to the conduct of the private security business and the persons engaged in such activities; and WHEREAS, the County is ready, willing and able to act to assist the City in matters relating to such licensing and enforcement of such laws; and WHEREAS, the enactment of a private security ordinance and code which is substantially similar to King County Ordinance No. 1492 is desirable to provide for uniform enforcement and administration; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 5.22 Kent City Code and Ordinance No. 1693 are hereby repealed. Section 2. A new Chapter 5.23 is added to the Kent City (Code as follows: Chapter 5.23 PRIVATE SECURITY Sections: 5.23.010 DEFINITIONS. 5.23.020 DIRECTOR DEFINED - REVIEW. 5.23.040 LICENSE REQUIRED. 5.23.050 EXEMPTIONS. 5.23.060 LICENSE - APPLICATION. 5.23.070 PROCEDURES REQUIRED OF LICENSEES. 5.23.080 BACKGROUND CHECK. 5.23.090 LICENSE - SCOPE AND CLASSIFICATION. 5.23.100 LICENSE - FEES. 5.23.110 LICENSE - DENIAL. 5.23.120 LICENSE - REVOCATION OR SUSPENSION. 5.23.150 LICENSE - TRANSFERABILITY. 5.23.170 NEW OFFICERS. 5.23.180 LICENSEE RESPONSIBLE FOR CONDUCT OF EMPLOYEE. 5.23.190 EMERGENCY EQUIPMENT. 5.23.200 CERTAIN PRACTICES PROHIBITED. 5.23.210 UNIFORMS - APPROVED REQUIRED. 5.23.220 DIVULGENCE OF INFORMATION. 5.23.230 ADVERTISEMENTS - SOLICITATION OF BUSINESS. 5.23.240 SURETY BOND REQUIRED. 5.23.250 INSURANCE COVERAGE REQUIRED. 5.23.260 BOND AND INSURANCE - LICENSE SUSPENSION OR DENIAL' FOR FAILURE TO FILE. 5.23.270 BRANCH OFFICES. 5.23.280 REGISTRATION OF EMPLOYEES. 5.23.290 LICENSEES AND REGISTRANTS - KNOWLEDGE AND ABILITY TO USE FIREARMS. 5.23.300 REGISTRATION - EXEMPT EMPLOYEES. 5.23.310 REGISTRATION - DENIAL, SUSPENSION OR REVOCATION. 5.23.320 REGISTRATION - ISSUANCE. 5.23.330 TERMINATION OF REGISTRANT WITH LICENSEE. 5.23.340 REGISTRATION - FEE. 5.23.350 RENEWAL OF LICENSE, REGISTRATION OF PERMIT - LATE PENALTY. 5.23.360 VIOLATION - PENALTY. 5.23.370 CIVIL PENALTY. 5.23.380 ADDITIONAL ENFORCEMENT. -2- 5.23.010 DEFINITIONS. For the purpose of this chapter the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings: (a) "Armored-transport agencies" provide armed personnel to convey valuable articles for a fee. (b) "Contract guard or patrol agencies" includes partnerships, corporations joint ventures, an well as individuals who are self-employed which provide privately employed guards or patrolmen for a fee. (c) "Contract investigative agency" includes partner- ships, corporations, joint ventures, as well as individuals who are self-employed which provide private investigative services for a fee, except individuals investigating bodily injury or property damage actions under the supervision of a licensed attorney. (d) "Credit investigation agencies and credit investiga- tors" are businesses and persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons, firms, or corporations. (e) "In-house guard forces" provide private guard services exclusively in connection with the affairs of the one business that employs them. (f) "In-house investigative forces: provide private ;investigative services exclusively in connection with the affairs 'of the one business that employs them. (g) "Private guards" are persons who protect or attempt !to protect persons or property from damage, injury, loss, or any i iicriminal act and includes "guard dogs," "watchmen," "security officer," "protective agent," "merchant guard," and "special officer." (h) "Private/merchant patrolmen" perform the same func- tions as guards, but do so at a number of different locations, access to which is accomplished by means of travel on public property. (i) "Private investigators/detectives" are personnel who conduct investigations for a contract investigative agency, including undercover agents employed by contract agencies, but excluding in-house investigative force employees, credit investigators, insurance investigators and adjusters. (j) Private investigation" includes investigations by a privately employed person(s) for the purpose of obtaining information concerning: -3- 1. Crimes or wrongs, done or threatened; 2. The identity, habits, conduct, movements, whereabouts, associations, transaction, credibility, reputation, employment history, criminal record, or character of any person(s), group, or business, for any purpose; 3. The location of lost or stolen property; 4. The causes and responsibility for fires, libel, slander, losses, accidents or injuries; 5. The whereabouts of missing persons. (k) "Private security" includes all privately employed guards, investigators, detectives, patrolmen, and any other personnel performing similar security functions or services. 5.23.020 DIRECTOR DEFINED -REVIEW. Where referenced herein, the word "director" means the Director of the King County Department of General Services and authorized representatives, subject to the review power of the King County Board of Appeals. 5.23.040 LICENSE REQUIRED. No contract investigative agency or contract guard or patrol agency shall furnish private security services, nor shall they advertise, solicit, nor in any way promise nor inform anyone that they will perform such services in the City of Kent without receiving from the director a license as provided in this chapter. 5.23.050 EXEMPTIONS. The provisions of this chapter shall not apply to: (a) A person employed as an in-house guard and/or investigator by only one employer in connection with the affairs of such employer and where there exists an employer-employee relationship; (b) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the employee or officer is engaged in the performance of official duties; (c) A person engaged exclusively in the business of obtaining and furnishing information in relation to the financial rating of persons; (d) An attorney-at-law in performing his duties; (e) Admitted insurers, agents, and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. -4- 5.23.060 LICENSE - APPLICATION. (a) An application for a license under the provisions of this chapter shall be in the form prescribed by the director and shall include the following: 1. Full name and business address of the applicant 2. Name under which the applicant intends to do business; 3. A statement as to the general nature of the business in which the applicant intends to engage; 4. Whether or not a firearm is to be used in connection with the applicant's duties as a licensee; 5. A statement as to the classification under which the applicant desires to be qualified; 6. The full name and residence address of each of its officers, partners, and directors, if the applicant is an entity other than an individual 7. Three recent photographs of the applicant, of a type to be prescribed by the director; 8. A classifiable set of fingerprints; 9. A statement of experience qualifications; 10. Employment history for five years preceding the date of the application; 11. A list of arrests, convictions or confinements, and, 12. Any other information, evidence, statements, or documents as may be required by the director. (b) The applicant for a license, under the provisions of this chapter, shall be eighteen years of age or older and have two years experience in security work determined to be adequate by the director. Security work determined to be adequate shall include, but is not limited to, the following: 1. Two years active experience in private security work while in the military; 2. Two years active experience in public law enforcement; 3. Sucessful completion of two years of college level study in law enforcement, police science, criminology, or area of like nature; -5- 4. Successful completion of a course of study which has been approved by the director and a representative of the King County department of public safety, on the basis that such course provides sufficient material to enable students thereof to operate competently as a licensee under this chapter; 5. Two years active experience as a registrant under the provisions of this chapter; and 6. Any combination of the above acceptable to the director. (c) The Applicant for registration under the provisions of this chapter, shall be eighteen years of age or older. 5.23.070 PROCEDURES REQUIRED OF LICENSEES. Licensees shall perform private security services in such fashion that no interference with the King County department of public safety, or Kent Police or Fire Departments will result. Regarding this end, licensees shall: (a) Recommend to their customers that, in the event of a Police problem, the customer should first call their respective Police department; (b) If a customer calls about the law enforcement problem, instruct the customer to call their department of public safety if possible; and if not possible, the licensee will notify the department of public safety; (c) Instruct its employees that, if a situation involving possible department of public safety interest is observed, the employee will immediately notify the department of public safety; (d) If sign of entry is noticed by an employee on duty, instruct employees to immediately notify the department of public safety; (e) Use all reasonable efforts to inform and advise their present and prospective officers, directors, partners, agents, representatives, employees, and all other persons acting under, for, or on behalf of the licenssee, of the provisions of this chapter, and direct them to comply therewith. 5.23.080 BACKGROUND CHECK. Each person as defined in this chapter, will be subject to a background check, as determined by the director, through the department of public safety. The Department of public safety shall send a letter to the director -oncerning the background of the applicant, which may contain any )bjection or recommendation as to the application. MM 5.23.090 LICENSE - SCOPE AND CLASSIFICATION. (a) No ,!person may engage in any private security operation outside the !scope of his license. (b) For the purpose of defining the scope of licenses, Ithe following license classifications are established: 1. Class A: Contract investigative agency, covering operations as defined in Section I � 5.23.010(1) 2. Class B: Contract guard or patrol agency, covering operations as defined in Section 5.23.010(1) and (j); 3. Class C: Covering the operations included within Class A and Class B, as defined in Section 5.23.010. 5.23.100 LICENSE - FEES. Fees for licenses under the provisions of this chapter are fixed as follows: (a) Class A License --$150.00 per year; (b) Class B License --5 or more registrants -$150.00 per ye< --4 or more registrants -$100.00 per yez (c) Class C License --$250.00 per year. There shall be no lower fee, based on number of registrants, for Class C License. 5.23.110 LICENSE - DENIAL. The director may deny a license if the applicant if an individual, has, or if the applicant is a person other than an individual, that any of its officers, directors, or partners have: (a) Committed any act constituting fraud; (b) Committed any act, which, if committed by a licensee, would be a ground for the suspension or revocation of a !license under the provisions of this chapter; (c) Committed any act resulting in conviction of a felony or a crime involving moral turpitude; (d) A record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a licensee under the provisions of this chapter; (e) Been refused a license under the provisions of this chapter or had a license revoked; provided, however, that any applicant denied a license under the provisions of this chapter may reapply after six months if the basis for such denial no longer exists; -7- ,jr ; (f) Been an officer, director, or partner who knowingly ,participated or acquiesced in the acts or conduct of any person, as defined by this chapter, for which that person was refused a license, or whose license was revoked under the provisions of this chapter; (g) While unlicensed, committed or aided and abetted the commission of any act for which a license is required under the provisions of this chapter; (h) Failed to successfully complete the firearms test +specified in Section 5.23.290; (i) Made any false statements in his application; or (j) Failed to comply with the requirements of Section 5.23.070. 5.23.120 LICENSE - REVOCATION OR SUSPENSION. (a) The director may suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee, if an individual, has, or if the licensee is a person other than an individual, that any of its officers, directors, or partners have: 1. Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license; 2. Violated any of the provisions of this chapter; 3. Been convicted of a felony or any crilme involving moral turpitude; 4. Illegally used, carried or possessed a dangerous weapon; 5. Violated any rule of the director adopted pursuant to his authority contained in this chapter; 6. Committed or permitted any employee to commit any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license; 7. Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee; 8. Acted as a runner or capper for any attorney; or 9. Committed any act which is a ground for denial of an application for license under the provisions of this chapter. (b) The director may suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee, if an individual, has, or if the licensee is a person other than an individual, that any of its officers, directors, or partners have knowingly employed, or knowingly has in his employment any person who: 1. Has committed any act, which, if committed by a licensee, would be grounds for suspension or revocation of a license under the provisions of this chapter; 2. Has been convicted of a felony or any crime involving moral turpitude; ( 3. Has a record, based upon reliable evidence, IP which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a registrant under the provisions of this chapter; or 4. Does not possess a valid registration card issued under the provisions of this chapter. (c) The director may suspend or revoke a license issued under the provisions of this chapter if he determines that the licensee, if an individual, has, or any of the officers, directors, partners, or employees if the licensee is a person other than an individual, have committed or used any unfair or deceptive acts or practices in the course of the licensee's business. Examples of such acts or practices are: 1. Engaging in retail installment transactions with members of the public in the State of Washington without complying with all applicable provisions of RCW 63.14 as amended; 2. Using a name different from that under which he is currently licensed on any advertisement, solicitation, or contract for business; 3. Knowingly making a false report to his employer or client for whom the information was being obtained; 4. Willfully failing or refusing to render a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, if required by law; 5. Making any false, deceptive or misleading representations to members of the public concerning the qualifiations of employees and agents of the licensee, the nature or extent of the services provided by the licensee, or the cost to members of the public of services by the licensee; 6. Manufacturing evidence; �l 7. Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or libel in the course of business; or, 8. Accepting employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his employment by such client or former client. (d) Suspension or revocation of a license issued under the provisions of this chapter shall take effect only after the expiration of the period in which an appeal thereof may be filed. (e) In cases of suspension, the license or registration shall be reinstated upon compliance with the violated provision(s) of this chapter or until the period of suspension fixed by the director has expired. In cases of revocation, the license or registration shall be cancelled; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee or registrant of the penalties otherwise provided for in this chapter. 5.23.150 LICENSE - TRANSFERABILITY. A license issued under the provisions of this chapter shall apply to a single location only and shall not be transferable to other locations or to any other person other than that designated on the license; provided, however, that, in the event of death of the individual, patner(s) or officer(s) who satisfied the requirements of Section 5.23.060(b), the surviving spouse, partner(s) or officer(s) may operate under the existing license for a period not to exceed ninety days; further provided, however, that, at the end of this ninety day period, the surviving spouse, partner(s) or officer(s) shall satisfy the requirments of Section 5.23.060(b). 5.23.170 NEW OFFICERS. Applications, on forms prescribed by the director, shall be submitted by all new officers or partners. The director may suspend or revoke a license issued -10- under the provisions of this chapter if he determines that at the time the person become an officer or partner of a licensee, any of the facts in Sections 5.23.110 and 5.23.120 existed as to such person. 5.23.180 LICENSEE RESPONSIBLE FOR CONDUCT OF EMPLOYEE. A licensee shall at all times be legally responsible for the good conduct of each employee while on duty. 5.23.190 EMERGENCY EQUIPMENT. It is unlawful for any licensee, or his agents, to use emergency equipment, such as sirens and flashing red or blue lights, on vehicles owned or operated by the licensee, except as specifically authorized or licensed by the State of Washington or any of its political subdivisions. 5.23.200 CERTAIN PRACTICES PROHIBITED. (a) It is unlawful for a licensee to represent to members of the public in any way, either directly or indirectly or by implication, that the licensee is an official or semiofficial law enforcement organization or that employees, agents or solicitors of the licensee are authorized by the State of Washington or any of its political subdivisions to act as law enforcement officers, including, by way of example but not limitation, the following conduct: 1. Use of any name or initials in the course of business which has the capacity or tendency to convey said representation to members of the consuming public, including but not limited to any name using the words "police," "department," "King County Police," "King County Detective," "Kent Police" or "Kent Detective". 2. Use of any uniform, badge, insignia, business card, stationery or any other device, object, or type of apparel, which is not readily distinguishable to average members of the consuming public from such devices, objects, or types of apparel which are used by authorized law enforcement officers; 3. Use any letterhead, advertisement, or other printed matter, or in any manner illegally represents that the licensee is an instrumentality of the federal government, state government, or any political subdivision of either. -11- 4. It is unlawful for any licensee to engage in an acts, practices, or conduct which hampers the operations and activities of authorized law enforcement and public safety officials. 5.23.210 UNIFORMS - APPROVAL REQUIRED. No license shall be issued under the provisions of this chapter until approval is given by the director and the department of public safety, of the uniforms and accounterments to be worn by registrants of the licensee. 5.23.220 DIVULGENCE OF INFORMATION. Any licensee or officer, director or partner of a licensee shall divulge to any law enforcement officer or prosecuting attorney, or his representative, any information he may acquire as to any criminal offense, as he may be required by law so to do; provided, however, that he shall not divulge to any other person any information acquired by him except at the direction of the employer or client for whom the information was obtained. 5.23.230 ADVERTISEMENTS - SOLICITATIONS OF BUSINESS. (a) Every advertisement by a licensee advertising or soliciting business shall contain his company name and address as they appear in the records of the department of executive administration, licenses and support services division. (b) Licensees, in their promotional literature and oral sales presentations to members of the public, shall not claim any relationship or affiliation with any official or semiofficial law enforcement organization. Such literature or sales presentation shall be accompanied by an accurate and clear description of the services which the licensee does in fact offer or provide. (c) Solicitors peforming oral sales presentations to members of the public shall not carry visible weapons. 5.23.240 SURETY BOND REQUIRED. (a) No license shall be issued under the provisions of this chapter unless the applicant files with the director a surety bond executed by a surety company authorized to do business in this state in the sum of ten thousand dollars conditioned to recover against the principal, its servants, officers, agents, and employees by reason of its wrongful or illegal acts in conducting such business licensed under the provisions of this Ordinance; provided, however, that applicants requesting a Class B license, who employ four or less registrants, shall be permitted to file a five thousand dollar surety bond. The director shall require a certified copy of said bond to be filed in his office. -12- (b) The bond required by this chapter shall be made payable to King County, and anyone so injured by the principal, its servants, officers, agents, and employees, shall have the right and shall be permitted to sue directly upon this obligation in their own names, and this obligation shall be subject to successive suit for recovery until complete exhaustion of the face amount hereof. 5.23.250 INSURANCE COVERAGE REQUIRED. (a) No license shall be issued under the provisions of this chapter unless the applicant files with the director a certificate of insurance naming King County and the City of Kent as additional insured. (b) Minimum coverage is fixed as follows: Bodily injury - one hundred thousand to three hundred thousand dollars; Property damage - one hundred thousand dollars. 5.23.260 BOND AND INSURANCE - LICENSE SUSPENSION OR DENIAL FOR FAILURE TO FILE. (a) Every licensee shall at all times maintain on file with director the surety bond and insurance required by this chapter in full force and effect and upon failure to do so, the license of such locensee shall be suspended and shall not be reinstated until this requirement is met. (b) The director shall deny the application for a license if the applicant fails to satisfy the surety bond or insurance requirements. (c) The director may refuse to reinstate a license notwithstanding the licensee's compliance with this section, if, during the suspension, the director: 1. Finds any reason which would justify refusal to issue or justifies a suspension or revocation of a license; or 2. Finds performance by an applicant of any practice, while under suspension for failure to keep his surety bond or insurance in force, for which a license under the provisions of this chapter is required. 5.23.270 BRANCH OFFICES. Each licensee shall file in writing with the director the address of each branch office, and within fourteen days after the esablishment or closing of such office, or change of location of a branch office, shall notify the director in writing of such fact. -13- 5.23.280 REGISTRATION OF EMPLOYEES. (a) Except as otherwise provided in this chapter, every employee of a licensee, including dispatchers, and solicitors, shall be registered with the director in the manner prescribed by the provisions of this chapter. (b) The application for registration under the provisions of this chapter shall be on a form prescribed by the director and shall include: 1. Full address, telephone number, date of birth, and place of birth; 2. A listing of any and all aliases used by the applicant; 3. The name and address of the licensee and the date the employment commenced; 4. A letter from the licensee requesting that the employee be registered under his license; 5. The title of the position occupied by the employee and a description of his duties; 6. Whether or not a firearm is to be used by the employee in connection with his duties as a registrant; 7. Three recent photographs of the employee, of a type described by the director, and a classifiable set of fingerprints; 8. Employment history for five years preceding the date of the application; and 9. Such other information, evidence, statements, or documents as may be required by the director. 5.23.290 LICENSEES AND REGISTRANTS - KNOWLEDGE AND ABILITY TO USE FIREARMS. (a) An applicant for a license or registration who uses a firearm in connection with employment regulated under the provisions of this chapter, shall be tested by the director and a representative of the King County department of public safety in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner. (b) The content of such test shall be determined by the director and a representative of King County department of public safety and shall be in a form prescrilbed in them. 5.23.300 REGISTRATION - EXEMPT EMPLOYEES. Nonwithstanding any other provisions of this chaper, employees of a licensee who are employed exclusively in stenographic, typing, -14- filing, clerical or other activities which do not constitute the work of providing private security as described in this chapter, shall not be required to register under the provisions of his chapter with the director. 5.23.310 REGISTRATION - DENIAL, SUSPENSION OR REVOCATION. The director may refuse to register any employee, or may suspend, or revoke a previous registration, if the individual has committed any act which, if committed by a licensee, would be a ground for refusing to issue a license, or for the suspension or revocation of a license under the provisions of this chapter. 5.23.320 REGISTRATION - ISSUANCE. Upon completion of registration the director shall issue to the registered employee a registration card, which shall be carried on his person at all times. The exhibition of this card to the licensee shall be considered prima facie evidence that the person is registered by King County and the City of Kent, under the licensee's license number. 5.23.330 TERMINATION OF REGISTRANT WITH LICENSEE. Each person registered under the provisions of this chapter whose employment has been terminated with the licensee shall immediately surrender his registration card to the licensee, and the licensee shall surrender same within seven days thereafter to the director for cancellation. A notation stating that the registered employee was terminated and for what cause may be enclosed with the registraion card. The licensee shall notify the director in writing within a reasonable time of any change in the resident address of a registered employee. 5.23.340 REGISTRATION - FEE. The registration fee for employees of a licensee is fixed as follows: Fifteen dollars per year. 5.23.350 RENEWAL OF LICENSE, REGISTRATION OR PERMIT - LATE PENALTY. A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ten working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such pernalty is fixed as follows: For a license, registration or permit requiring a fee of fifty cents or more, but less than fifty dollars - twenty percent of the required fee. For a license, registration or permit requiring a fee of -15- fifty dollars or more, but less than one thousand dollars - ten percent of the required fee. For a license, registration or permit requiring a fee of one thousand dollars or more, five percent of the required fee. 5.23.360 VIOLATION - PENALTY. Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be purnished by a fine in any sum not to exceed two hundred fifty dollars or by imprisonment in the King County jail or the Kent City jail for a period not to exceed ninety days. 5.23.370 CIVIL PENALTY. In addition to or as an alternative to any other penalty provided herein or any law any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed two hundred fifty dollars per violation to be directly assessed by the director. The director, in a reasonable manner, may vary the amount if the penalty assessed to consider the appropriateness of the penalty to the sizse of the business of the violator; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. 5.23.380 ADDITIONAL ENFORCEMENT. Notwithstanding the existence or use of any other remedy, the director or the City of Kent may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. Section 3. The Mayor is authorized to enter into a :ONTRACT with King County, substantially in the form attached zereto, to delegate the power to enforce the terms of Chapter 5.23 CCC to King County and the Director of the King County Department if General Service. Section 4. This ordinance shall take effect and be in .orce five (5) days from and after its passage, approval and >ublication as provided by law. IS BX fEL HOGAN, MAYOR. -16- ATTEST: MARIE JE M N, CITY CLERK JAPPROVED AS TO FORM: STEPRIEN DiJULIO, FTY ATTORNEY PASSED the day of-- , 1982. APPROVED the _day of , 1982. PUBLISHED the �Z�day of _��� , 1982. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereor indicated. 4310-91A (SEAL) MARIE J EN, OITY CLERK -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Ll` '' 1 KA( J. THIS AGREEMENT is made and entered into this day of 19 between KING COUNTY, State of Wash- ington, hereinafter called the "County", and the CITY OF KENT, Washington, a non -charter code city, hereinafter called the "City" under authority of Title 39, Revised Code of Washington, and part- icularly RCW 39.34.080, King County Ordinance No. 1888 and City of Kent Ordinance No. WITNESSETH: WHEREAS, the County and the City have jurisdiction to regulate the activities of private security personnel including, but not by way of limitation, private guards, merchant patrolmen, and detectives within their respective boundaries; and WHEREAS, the business of private security presents peculiar licensing and law enforcement problems of a multi -juris- dictional. nature; and WHEREAS, it is desirable in order to adequately pro- tect the interest of the County and the City, and the citizens thereof, to provide for a uniform County -wide system of licensing such private security activities and the persons therein engaged; and WHEREAS, the County and its employees and more parti- cularly the Business License Division of the King County Depart- ment of General Services are well qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the private security business; and S:HEREAS, the City desires to obtain the assistance of the County in matters relating to the licensing and enforcement of laws relating to the conduct of the private security business and the persons engaged in such activities; and WHEREAS, the County is ready, willing and able to act to assist the City in matters relating to such licensing and — 1 — e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 enforcement of such laws. NOW, THEREFORE, in consideration of payments, mutual agreements and convenants hereinafter contained and subject -to the terms and conditions hereinafter stated, it is hereby under- stood and agreed by the parties hereto as follows: 1. The City has enacted and shall amend from time to time Ordinance No.a 3a%, which is substantially similar to King County Ordinance No. 1492, as now or hereafter amended. 2. The City shall delegate the power to determine eligibility for licenses under the terms of the above mentioned City Ordinance to the Director of the King County Department of General Services and his authorized representatives subject to the conditions set forth in the above mentioned City Ordinance and subject to the review power of the King County Board of Appeals. 3. The City shall delegate the power to enforce the terms of the above mentioned City Ordinance including the power to suspend or revoke licenses issued thereunder, to the Director of the King County Department of General Service and his author- ized representatives subject to the conditions set forth in the above mentioned City Ordinance and subject to the review power of the King County Board of Appeals. The power and duty to issue notices of violation and court citations for violations of the above mentioned City Ordinance shall be jointly exercised by the Director of the King County Department of General Services and his authorized representatives and the City of Kent. Not with- standing the fact that any misdemeanor complaint filed or misde- meanor citation issued by the King County in the performance of its responsibilitie's under this Contract will alledge a viola- tion of the above mentioned Kent Ordinance, such complaint or citation shall be issued in the name of and prosecuted by and „n }Nohalf of the State of Washington. All fines and forfeitures resulting from such County initiated prosecutions shall belong too - 2 - I King County. 4. The County shall perform, to the best of its 2 ability, all services relating to licensing and enforcement of 3 private security activities and the 4 City Ordinance relating to 5 persons conducting same and the above mentioned City Ordinance. 6 Except as otherwise hereinafter provided for, the minimum level 7 of service which will be provided shall be the same minimum level 8 of service that is and shall be hereinafter during the terms of 9 this agreement provided for the unincorporated areas of the 10 County by the afore mentioned King County Department of General 11 Services. 5. The rendition of such services, the standards of 12 13 performance, the discipline of employees and all other matters 14 incident to the performance of such services and the control of 15 personnel so employed shall remain in the County. In the event 16 of a dispute between the parties as to the extent of the service 17 to be rendered hereunder, or the minimum level or manner of per - 18 formance of such service, the determination of the Director of 19 the King County Department of General Services shall prevail 20 unless within ten days of such determination made in writing, 21 the City files a written notice of appeal with the Director. 22 Copies of such notice shall also be filed with the King County 23 Executive and the Mayor of Kent. In such event, the dispute 24 shall then be submitted for review to a three member panel com- 25 posed of the County Executive, the City Mayor and a third member 26 of their choosing who shall not be an officer or employee of 27 either King County or the City of Kent. A decision or deter - 28 mination agreed upon by a majority of said panel shall be final 29 and conclusive in all respects as between the parties hereto. 30 6. The City agrees that all fees collected by the 31 County pursuant to the licensing and registration of private 32 security persons shall be and remain the property of the County 0 33 subject to the provisions of Clause 7 of this contract. 3 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 7. The County shall pay over to the City on a yearly basis the sum of: a. $50.00 for each Class A License issued to an agency having its principal office in the City; b. $50.00 for each Class B License issued to each person or agency having as his principal office or place of business a location within the City; C. $83.33 for each Class C License having its, principal place of operation within the City. 8. The parties agree that all fines levied by a court of competent jurisdiction for violation of the City Ordinance subject to this agreement shall become the property of King County unless the Complaint or Citation issued for such violation was issued by the City of Kent. 9. All liabilities for salaries, wages, and other com pensation, injury, sickness, liability to the public fpr inten- tional or negligent acts or any other liability arising from the performance of the King County Business License Section hereunder shall be that of the County. To such purpose, the County shall save the City harmless from any liability arising from performance of the King County Business License Section. 10. Neither party, its officers or employees shall assume any liability for the intentional or negligent acts of the other party or any of its officers or employees. As to the obligations and responsibilities assumed by or allocated to each party pursuant to this agreement, said parties shall secure and maintain with responsible insurers such insurance as is custom- arily maintained by public bodies with respect to the operation and enforcement of the Government Services being the subject matter of this contract and the incidents thereto, all to the 0 - 4 - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 extent that such insurance can be secured and maintained at reasonable cost. Upon request, each party shall make available to the other party a certificate of such insurance when in force. 11. Either party shall have the right to cancel this agreement at any time upon the giving of 30 days written notice to the other of such cancellation. In the event of such cancel- lation, all monies allocated under this Agreement shall become immediately due and payable. The cancellation of this Agreement shall not affect the validity of any license issued pursuant to City Ordinance No -R337 as now or hereafter amended. 12. Unless sooner terminated as provided for herein, this agreement shall be effective January 1, 198_3 and shall terminate on December 31, 19$-.3. It is further agreed that should both parties desire to continue this Agreement after said termi- nation date, this Contract may be renewed for the period of one year on the same terms and conditions upon the giving of written notice by either party to the other not less than 30 days before the expiration of this Agreement. 13. This writing embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. The parties further agree that no liability shall attach to either of the parties by reason of entering into this contract except as expressly pro- vided therein. N - 5 - Lil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 37 33 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. KING COUNTY BY County Executive ATTEST: CITY OF KENT BY - Mayor Lauraine D. Brekke, Director Department of Executive Administration APPROVED AS TO FORM: IDeputy Prosecuting Attorney a � - 6 -