ARTICLE XIII. - PRIVATE DETECTIVE'S LICENSE
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (14) --- Cross reference— Police, ch. 12.
State Law reference— Detectives, G.L. 1956, § 5-5-1 et seq.
Sec. 8-366. - Definition.#
For the purpose of this article, private detective means any person who engages in business or who accepts employment for hire, fee or reward to furnish or supply information as to the personal character or actions or identity of any person or as to the character or kind of business or occupation of any person, provided that the term shall not include within its meanings a detective or officer belonging to the law enforcement agencies of the United States or of any state, county or city, nor someone employed and performing services exclusively for a single employer.
(Rev. Ords. 1987, § 8-266)
Cross reference— Definitions generally, § 1-2.
Sec. 8-367. - Required; compliance.#
(a)
Every person shall be and is required by this article to have a valid detective's license as a condition precedent to the operation as a private detective, provided that licenses heretofore issued and in effect shall continue in effect until the expiration of the period for which such license was granted. Upon expiration of any such presently existent valid detective license, application for renewal shall be made in accordance with the provisions of this article.
(b)
It shall be unlawful for any person to operate or continue to operate any business as a private detective without first complying with the requirements of this article.
(Rev. Ords. 1987, § 8-267)
Sec. 8-368. - Application.#
(a)
All applications for a license under the provisions of this article shall be made in writing to the city council upon forms provided by the city clerk in his office.
(b)
Every application for a license shall state the following:
(1)
The full name, age, residence, present and previous occupations, including part-time occupations, and the name and address of present and previous employers;
(2)
That each person signing the application as hereinafter required is a citizen of the United States or, if an alien, has permanent resident status in the United States;
(3)
The location of the principal place of business of the applicant;
(4)
A full set of fingerprints and a photograph taken within one year of the application date;
(5)
That the applicant has been a bona fide resident of the state for a period of not less than 30 days immediately preceding the filing of the application;
(6)
Such other information as to the identity of the applicant as may facilitate investigation of the applicant's character.
(c)
The application shall be signed and sworn to by the individual applying before a person authorized to administer oaths.
(d)
The application shall be accompanied by three letters of reference, two of which shall be from residents of the city attesting to the character and ability of the applicant, and at least one of which shall be from someone from a criminal justice agency.
(Rev. Ords. 1987, § 8-268)
Sec. 8-369. - Investigation of applicant; investigation fee.#
(a)
After the applicant has properly executed the form provided in section 8-368 and paid the cost of investigation as provided in subsection (b) of this section, the city clerk shall submit the application together with all other information related thereto to the chief of police, who shall conduct an investigation of the character of the applicant and, upon completion of his investigation, shall endorse upon the application his recommendation of approval or disapproval thereof and his opinion of the ability of the applicant to perform the services usually required of a private detective. For this purpose the chief of police may require the applicant to appear in person for an interview.
(b)
Every applicant for a license under this article shall, upon properly executing the application in conformity with section 8-368, submit to the city clerk a fee of $25.00 to cover the costs of investigation of the applicant.
(Rev. Ords. 1987, § 8-269)
Sec. 8-370. - Issuance.#
If the application is approved by the chief of police, the city council, upon being satisfied that the applicant's licensing will not be detrimental to the public safety or welfare, may grant the application. The city clerk shall thereupon issue the license upon payment of fees required by this article and the filing of a bond as hereinafter required. No license shall be issued to any person convicted of a felony or two or more misdemeanors involving moral turpitude, unless the council determines that the applicant has been rehabilitated.
(Rev. Ords. 1987, § 8-270)
State Law reference— Identification card to be issued, G.L. 1956, § 5-5-1.
Sec. 8-371. - Fee.#
No license under this article shall be issued until the applicant pays to the city clerk a license fee of $150.00 per annum on December 1 of each year. The city council may authorize proration of the license fee in a proportionate amount when the initial application is granted during the course of the year, in no event shall the fee be less than $25.00.
(Rev. Ords. 1987, § 8-271)
State Law reference— Similar provisions, G.L. 1956, § 5-5-1.
Sec. 8-372. - Bonds.#
(a)
No license shall be issued under this article until the applicant files with the city a surety bond executed by such applicant, with two or more sureties, or by a surety company authorized to do business in this state, in the sum of $5,000.00 conditioned for the faithful and honest conduct of the business of private detective. Such bond as to its form, execution and sufficiency of the sureties shall be approved by the city council.
(b)
The bond requirement of this article shall not be required of private detectives presently operating with a valid private detective license but shall be required as a condition precedent to renewal of any such detective license.
(c)
The bond required shall be taken in the name of the people of the state and every person injured by the wilful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damages suffered by reason of such wilful, malicious or wrongful act.
(d)
Every licensee shall at all times maintain on file 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 furnished.
(Rev. Ords. 1987, § 8-272)
Sec. 8-373. - Transfer.#
The transfer or assignment of any license issued under this article is hereby expressly prohibited.
(Rev. Ords. 1987, § 8-273)
Sec. 8-374. - Revocation or suspension.#
(a)
The city council shall have the power to revoke or suspend any license issued under the provisions of this article for cause, which may include, but shall not be limited to, violation of any of the provisions of this article or any laws of the state or other ordinances of the city in the conduct of the business, in which case the city council by a majority vote may revoke the license for such business after first giving written notice to the licensee and after a hearing thereon. Such revocation or suspension shall be effectuated in accordance with G.L. 1956, § 5-5-10.
(b)
It shall be a violation of this chapter for which the license may be revoked or other penalties imposed if:
(1)
Any licensee performs any services usually performed by a private detective, upon speculation and with a view towards selling the information so gathered to a customer by whom the licensee was not employed when the service was performed;
(2)
Any licensee misrepresents the scope of such license, or holds himself out as a public official or as having any power beyond that of a private detective.
(Rev. Ords. 1987, § 8-274)