Mo. Code Regs. tit. 17 § 10-2.020
Current through Register Vol. 49, No. 18, September 16, 2024
Section 17 CSR 10-2.020 - Application for a LicensePURPOSE: In order to promote and protect the public welfare, the Board of Police Commissioners (board) shall license and regulate those persons wishing to provide private security services or proprietary private investigative services. Application forms provided by the board shall be used by all applicants. All forms may be downloaded at www.kcpd.org.
(1) All individual applicants are required to complete an "Employer's Application for Employment of Private Security/Pro-prietary Private Investigator 'Intent to Hire Form'" (Form 5409 P.D.). This form must be completed any time a license is applied for, renewed, transferred, or upgraded. Armed licensees may not work unarmed without submitting a new Form 5409 P.D. and obtaining an unarmed license. All firms, companies, partnerships, corporations, sole proprietorships, and political subdivisions to be licensed under the provisions of section (5) below shall complete "Application for Company License" (Form 5486 P.D.)(2) The board shall conduct a criminal history records check of each applicant and may conduct investigations as provided by section 84.720, RSMo. The applicant must pay the fee for the criminal history records check and fingerprinting at the time of application and upon each annual renewal. All licenses granted by the board as set out herein may be temporary until the completion of the applicant's criminal history records check. Armed licenses will not be issued until the criminal history records check results are received by the Private Officers Licensing Unit (POLU).(3) Each applicant shall submit to photographing and fingerprinting and shall provide proof of identity by submitting with the application a photo identification card, original Social Security card, proof of citizenship, permanent resident card, Military DD214/discharge papers, most recent name change documentation from a court of competent jurisdiction, or other equivalent identification. If an applicant provides proof of identity by submitting permanent resident card, the applicant must provide sufficient proof that they have established a bona fide residence in the United States of America. If an applicant requests a replacement license because of a name change, the applicant must supply to the POLU the appropriate name change documentation from a court of competent jurisdiction.(4) Each applicant shall provide any additional information requested by the board to conduct its investigation and shall comply with all requests of the board in the conduct of its investigation for a license under these rules, including without limitation execution of a release allowing the board to review personnel records from prior employers.(5) Firms, companies, partnerships, corporations, sole proprietorships, or political subdivisions engaging in the business of providing private security services or proprietary private investigative services or firms, companies, partnerships, corporations, sole proprietorships, or political subdivisions that employ other individuals to perform private security services or proprietary private investigative services shall be licensed in addition to any individual license required under these rules. An applicant wishing to obtain a company license for the sole purpose of employing proprietary private investigators must meet the guidelines outlined in 17 CSR 10-2.050(1) (C). Any license granted under this section shall be designated a "company license." All company names must be approved by POLU. All licensed companies are required to annually pay a company fee by January 31 of each year and are required to comply with the terms of this regulation and all federal, state, and local laws. Failure to pay such fee will result in the company license expiring. In the absence of the annual company license, all licenses granted to employees or agents of that company are deemed to be inactive.(6) Before being licensed under these rules, company applicants shall file with the board a certificate of liability insurance in the amount of one (1) million dollars or the equivalent, naming the board as an additional insured and certificate holder and protecting the board from liability judgments, suits, and claims, including but not limited to suits for bodily injury, personal injury, including false arrest, libel, slander, invasion of privacy, and property damage arising out of the licensing of individuals and entities providing private security services or proprietary private investigative services. Equivalent shall mean a bond in like amount or a certificate of self-insurance by a company with audited net worth of five (5) million dollars. The insurance must be written by a company approved by the Missouri superintendent of insurance and approved by the board with respect to its form, manner of execution, and sufficiency, provided further, however, before a license is issued to a nonresident of Missouri, the applicant must file with the Missouri Secretary of State a written consent for jurisdiction of the courts of Missouri, and any case(s) arising from any contract for performance of private security services or proprietary private investigative services made within the city are to be performed wholly or in part, in the city or in any way connected with the business within the city or occurring in connection with the business of the one licensed within the city. Any company licensed must provide the insurance specified and cover all employees; provided, however, that in the event a suit is filed or claim is made involving the board, the company shall immediately notify the board at which time the licensee may be required to furnish additional insurance. Failure of a licensee to maintain insurance is grounds for revocation of the company license. In the absence of adequate insurance, all licenses granted to employees or agents of that company will receive notice that they need to transfer their license to a company in good-standing immediately. Each certificate of insurance must stipulate coverage for armed/unarmed personnel as appropriate. The naming of the board as an additional insured in no way constitutes or should be construed as a waiver or limitation of the board's rights or defenses with regard to sovereign immunity, governmental immunity, official immunities, and/or any of the protections provided under federal and state constitutions or by law.(7) When, in the opinion of the board, an applicant has fulfilled the requirements of these rules, the board may issue the applicant a license to provide private security services or proprietary private investigative services.(8) All those licensed under these rules shall immediately notify the board in writing of any change of address or employment; a company shall notify the board in writing of the termination of employment of any person listed on the company application or any licensed employee and notify the board as to whether or not the individual's license has been returned to the company.(9) Licenses, issued under these rules, are not transferable or assignable. When any person's license has been terminated, suspended, revoked, or has expired, the license shall be mailed or delivered to the POLU. If the license is lost or stolen, the license holder shall immediately notify POLU and provide a lost card affidavit signed by a company representative. An additional fee and a new Form 5409 P.D. are required. If the license has been stolen, a police report listing the license may be accepted in lieu of the additional fee. Any person licensed under these rules may hold a maximum of three (3) licenses.(10) All those licensed will be required to furnish a photograph and description of all vehicles to be used in the course of their business, including state license numbers, vehicle identification numbers, and provide proof of adequate automobile liability insurance coverage in accordance with the requirements established by the state of Missouri. All vehicles must clearly state that the vehicle is a security vehicle and display the company name. Use of any sign, signal, or other device contrary to the ordinance of the city, or which is similar in appearance to those used by the department is prohibited and may be grounds for denial, suspension, or revocation of a license. No private security company, proprietary private investigative company, or individual is authorized to operate any emergency vehicle as that term is defined by state law or city ordinance, other than Airport Police and Park Rangers. No vehicle displaying the word "police" shall be approved for use except as set out in 17 CSR 10-2.030(1)(A) 4.(11) All licenses shall expire one (1) year from the date of initial issuance. For licenses renewed after their expiration date, the licensee will be processed as a new applicant. AUTHORITY: section 84.720, RSMo 2000.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013. Adopted by Missouri Register August 2, 2021/Volume 46, Number 15, effective 9/30/2021Adopted by Missouri Register March 15, 2024/volume 49, Number 6, effective 4/30/2024.*Original authority: 84.720, RSMo 1939, amended 1943, 1993.