Section 10-72.
- License required; administration; duration; duplicate license.
A.
It shall be unlawful for any person to conduct, operate, to engage in, or carry on an alarm business; or to engage in the occupation of alarm agent; or to represent oneself as an alarm agent, without first having obtained such licenses as are required by this Article. A separate license is required for each business name under which an alarm business conducts business or advertises. In the event that the licensing authority has reasonable cause to believe that an alarm business does not have a valid alarm business license as required by this Article, or that a person is engaged in the alarm business without a valid alarm business license, the licensing authority or its designee, with the assistance of the Police Department, shall issue a warning to the alarm business stating that it is in violation of the provisions of this Article. . In the event that the licensing authority has reasonable cause to believe that an alarm agent does not have a valid alarm agent license as required by this Article, or that a person is engaged as an alarm agent without a valid alarm agent license, the licensing authority or its designee, shall issue a warning to the alarm agent stating that the person is in violation of the provisions of this Article. The warning shall direct the alarm business or alarm agent, as applicable, to
apply for an alarm business or alarm agent license within ten calendar days of the date of the warning. The alarm business receiving such a notice shall not engage in the alarm business until an alarm business license is issued pursuant to this Article. The alarm agent receiving such a notice shall not act as an alarm agent until an alarm agent license is issued pursuant to this Article.
B.
The administration of this Article, in cluding the duty of prescribing forms, is vested in the licensing authority. License applications made pursuant to this Article shall be submitte d to the licensing authority, which shall have the authority to issue, deny, suspend or revoke a license in accordance with the provisions of this Article.
C.
The license required by this Article shall be in addition to any other licenses or permits required by the City, County or State in order to engage in business. Persons engaging in activi ties described in this Article shall comply with all other ordinances and laws, including the City zoning laws, as may be required to be engaged in the business to be licensed.
Failure of any applicant or licensee, as applicable, to meet the requirements of this subsection shall be grounds for denial, suspension or revocation of a license.
D.
All licenses issued pursuant to this Article shall be effect ive for a period of one year from the date of issue and shall be renewable annually, one year from the or iginal date of issue or renewal, as applicable, pursuant to Section 10-72.5.
E.
Upon written request and the payment of a ten dollar fee, the licensing authority shall issue a duplicate license to a licensee whose license has been lost, stolen or destroyed.
F.
It shall be unlawful for an alarm business to use or to contract with an unlicensed alarm business or an unlicensed alarm
agent.
Section 10-72.1.
- Types of licenses; reciprocity.
A.
The types of licenses that may be issued pursuant to this Article are as follows:
1.
Primary alarm business license.
A primary alarm business license may be applied for by an alarm business that is physically located within this City, in a jurisdiction that has not adopted this reciprocal alarm license ordinance, or in a jurisdiction outside this State.
2.
Reciprocal alarm business license. An alarm business, whether physically located within or outside this State
Arizona, that has a valid primary alarm business license iss ued by a jurisdiction within this State that has adopted the reciprocal alarm license ordinance, shall be entitled to the issuance of a reciprocal alarm business license upon compliance with the requirements of this Article.
3.
Alarm agent license.
A person desiring to engage in the business or occupation of alarm agent shall apply for and receive an alarm agent license from the jurisdiction that issues the primary alarm business license for the alarm business for which the alarm agent is or will be working. A person holding a valid alarm agent license, who desires to work for an alarm business holding a reciprocal alarm license, does not have to obtain a separate license, but shall provide a copy of his or her license, upon request, to the jurisdiction in which the reciprocal license has been issued.
Section 10-72.2.
- Alarm business license applications; contents.
A.
All applications for alarm business license made pursuant to this Article shall include the following:
1.
The name, business address, mailing address and telephone
number of the alarm business. If the applicant is a
corporation, general or limited partnersh
ip, limited liability company, or other
legal entity, the nam
e of the applicant
shall be set forth exactly as shown in its articles of incorp
oration, charter, certificate
of limited partnership, articles
of organization or other organizational
documents, as applicable, together with
the state and date
of incorporation
and the names, residence addresses and dates of birth of eac
h controlling person. If one or
more of the partners,
members or shareholders of the applicant
is a corporation or other legal entit
y, the provisions of this subsection
relating to information required of a corporation shall apply.
2.
In the event that the applicant is a
corporation, general or limited partner
ship, limited liability company or other
legal entity, the applicant shall designate
one of its officers, general partners, or members to act as its responsible
managing officer. Such designated person shall complete a
nd sign all application forms required of an individual
applicant under this Article. The applicant shall provide a c
opy of their corporation, par
tnership or limited liability
company formation documents.
3.
The name of the applicant and each controlli
ng person, any alias or other name used or by which the applicant or
any controlling person has been previously known, hi
s or her current residence and business addresses,
telephone numbers, including facsimile numbers, and e-mail addresses, if applicable.
4.
The names and addresses of the alarm agents employed by the alarm business.
5.
The residence and business address of the applicant and
each controlling person for the five-year period
immediately preceding the date of f
iling of the application and the inclus
ive dates of each such address.
6.
Proof that the applicant and each contro
lling person is at least eighteen year
s of age, as indicated on a current
driver's license with picture, or
other picture identificat
ion document issued by a governmental agency.
7.
Height, weight, color of eyes and hair and date of
birth of the applicant a
nd each controlling person.
8.
Two current two-inch by two-inch photographs
of the applicant and eac
h controlling person.
9.
The employment history of the applicant and each cont
rolling person for the five-year period immediately
proceeding the date of the f
iling of the application.
10.
Information as to whether the applicant or any controlling per
son, or the business on beha
lf of which the license is
being applied for, has ever been refused or denied any similar license or permit, or has had any similar permit or
license revoked, canceled or suspend
ed, and the reason or reasons for the revocation, cancellation or
suspension.
11.
Whether or not the applicant or any controlling person has
ever been convicted of a cr
ime, regardless of whether
the conviction was later set aside or expunged,
in any domestic, foreign or military court.
"Crime"
means any and
all felonies, misdemeanors and serious driving offenses, in
cluding driving under the influence of intoxicating liquor
or drugs, reckless driving, driving on a suspended, revoke
d, canceled or refused driver
's license, or any driving
offense for which the possible penalty includes jail time. "C
rime" does not include minor or civil traffic offenses.
"convicted" means having plead guilty or no contest to a
crime, having been found guilt
y of a crime, or having
been sentenced for a crime, whether
incarcerated, placed on probation,
fined or having received a suspended
sentence. An applicant or controlling person shall also an
swer "yes" to this question, even though he or she has
not been convicted of a crime, if t
he applicant or controlling person is pres
ently pending trial or other court
proceeding for a crime.
12.
For initial and renewal applications for primary alarm
business licenses only, one full set of fingerprints on
fingerprint cards, or fingerprint data, as provided in Sect
ion 10-83 for the applicant and each controlling person.
Fingerprints or fingerprint data must be submitted on fing
erprint cards provided or approved by the licensing
jurisdiction, but may be taken by any la
w enforcement or other government agency.
13.
Copies of the State of Arizon
a Registrar of Contractor's C-11, C-12 or L-67
license, as applicable, or a copy of the
K-67 license for combined residential and commercial, i
ssued to the alarm business applicant, and copy of the
State of Arizona Transaction Privile
ge Tax License, if applicable.
14.
A list of all Arizona counties, cities and to
wns where the applicant conducts business.
15.
An express agreement by the alarm business that any a
nd all records of the alarm business, whether written or
recorded, electronically or otherwise, or in any other fo
rm, relating to information required to be supplied to the
Police or Fire Department in case of an alarm, shall be
immediately made available at any time upon request for
inspection by agents of the Police or Fire Department.
16.
A copy of a valid primary alarm business license if the appl
ication is made for an original or renewal reciprocal
alarm business license.
17.
Such other information, evidence, statements or documents
as may be deemed by the licensing authority to be
reasonably necessary to process and evaluate the application or renewal.
B.
Applicants for primary or reciprocal alarm business licenses,
or applicants for renewal of any such licenses, shall notify
the licensing authority, in writing, of
any change in the information contain
ed in the license application or renewal
application. Notification shall be given to the licensing author
ity within fifteen calendar da
ys of the occurrence of the
change.
Section 10-72.3.
- Alarm agent license applications.
A.
An alarm agent license application and an alarm agent license renewal application shall include the following information
about the applicant:
1.
The name of the applicant and any alias
or other name, used by or by whic
h the applicant has been previously
known, his or her current residence and business addresse
s, telephone numbers, including facsimile numbers,
and e-mail addresses, if applicable.
2.
The name, business address and business telephone number of
the alarm business where the applicant is or will
be employed. Applicant will also submit a letter from t
he alarm business, where the applicant is or will be
employed, to verify employment.
3.
Proof that the applicant is at least eigh
teen years of age, as indicated on a cu
rrent driver's license with picture, or
other picture identificati
on document issued by a governmental agency.
4.
Height, weight, color of eyes and hair and date of birth of the applicant.
5.
Two current two-inch by two-inch photographs of the applicant.
6.
The applicant's employment history for the five-year period
immediately proceeding the
date of the filing of the
application.
7.
Information as to whether, in this City or elsewhere,
the applicant has ever been refused or denied any similar
license or permit, or has had any similar permit or licens
e revoked, canceled or suspended, and the reason or
reasons for the revocation, cancellation or suspension.
8.
Whether or not the applicant has ever been convicted of
a crime, regardless of whether the conviction was later
set aside or expunged, in any domestic, foreign or military court.
"Crime"
means any and all felonies,
misdemeanors and serious driving offenses, including driv
ing under the influence of intoxicating liquor or drugs,
reckless driving, driving on a suspended, revoked, canceled
or refused driver's license, or any driving offense for
which the possible penalty includes jail time. "Crime
" does not include minor or civil traffic offenses.
"Convicted"
means having plead guilty or no contest to a crime, havin
g been found guilty of a cr
ime, or having been sentenced
for a crime, whether incarcerated,
placed on probation, fined or havi
ng received a suspended sentence. An
applicant shall also answer "yes" to this question, even th
ough he or she has not been conv
icted of a crime, if the
applicant is presently pending trial or
other court proceeding for a crime.
9.
One full set of fingerprints on fingerprint cards, or finger
print data, as provided in Section 10-83. Fingerprints or
fingerprint data must be submitted on fingerprint cards prov
ided or approved by the licensing jurisdiction, but may
be taken by any law enforcement
or authorized government agency.
10.
The applicant's business, occupation or employment hist
ory for the five-year period immediately proceeding the
date of filing the application.
11.
A list of all Arizona counties, cities or to
wns where the applicant conducts business.
12.
Such other information, evidence, statements or documents
as may be deemed by the licensing authority to be
reasonably necessary to process and evaluate the application or renewal.
B.
Applicants for alarm agent licenses, or applicants for renewal
of such licenses, shall notif
y the licensing authority, in
writing, of any change in the information contained in the lic
ense application or renewal application. Notification shall be
given to the licensing authority within fifteen ca
lendar days of the occurrence of the change.
Section 10-72.4.
- Fees; display of licenses.
A.
The following fees, which shall be non-refundable, non-tran
sferable, and will not be prorat
ed, shall accompany initial
applications and renewals:
Initial License Application Fee:
Primary alarm business $200.00
Reciprocal alarm business 75.00
Alarm agent 100.00
License Renewal Fee:
Primary alarm business $50.00
Reciprocal alarm business 30.00
Alarm agent 35.00
Criminal history investigation—Current cost of obtaining criminal
history information from the Arizon
a Department of Public Safety and
the Federal Bureau of Investigation
Duplicate license fee $10.00
B.
Alarm business licenses shall state whet
her they are primary alarm business licenses or reciprocal alarm business
licenses. The primary alarm business license or reciprocal ala
rm business license, as applicable, shall be at all times
conspicuously displayed at the alarm bu
siness's central station or office.
C.
Alarm agent licenses shall be carried on the person of an alarm age
nt at all times while so employed and the alarm agent
shall display the license to any police offi
cer, fire inspector, or other authorized
representative of this City upon request.
Section 10-72.5.
- Renewal of license.
A.
The holder of a primary alarm business license, reciprocal
alarm business license or alarm agent license shall renew the
license annually by submitting a renewal application contai
ning the information listed in Se
ction 10-72.2 or 10-72.3, as
applicable, and paying the required renewal fee and the cost
s for a criminal history inve
stigation. The holder of a
reciprocal alarm business license, as a condition of renewa
l, shall also submit a copy
of the approved primary alarm
business license upon which reciprocity is based.
B.
Applications for license renewal shall be filed with the licensi
ng authority not later than ninety days prior to the expiration
of the license currently in effect. Applications for license
renewal shall not be accepted after ninety days prior to the
expiration date of the license. In t
he event that a license expires without
the licensee having submitted a timely
application for renewal, the holder of t
he expired license must file a new application for initial license and shall comply
with all of the requirements provided here
in for obtaining an initial license.
Section 10-72.6.
- Issuance; grounds for denial.
A.
The licensing authority will issue a license provided for by this
Article to an applicant, or renew a license, if applicable,
when the following conditions of the applicable
licensing provisions have been fully satisfied:
1.
All application requirements have been met, including
any criminal history background checks and fingerprint
requirements.
2.
All fees have been paid in full.
3.
No grounds for denial listed in this section exist.
B.
The licensing authority shall deny a license or deny the renewal
of a license if, at the time
of the filing of an original
application or a request for renewal, the
licensing authority has reasonable grou
nds to believe that an applicant, licensee
or controlling person:
1.
Has been previously convicted, in any jurisdiction, of a fe
lony or is currently under indictment for a felony or has
pending charges for a felony, or has been previously conv
icted, in any jurisdiction, of a misdemeanor, or has
pending criminal charges for
a misdemeanor, involving fraud,
theft, dishonesty, moral turp
itude, physical violence,
force against another person or threatening to commit
any act of personal violence or force against another
person, sexual misconduct, domestic violence, assault,
indecent exposure, illegal use or possession of a deadly
weapon, misconduct involving a deadly
weapon as provided in Arizona Re
vised Statutes Title 13 Chapter 31
Section 3102, or a violation of Ariz
ona Revised Statutes Title 13, Chapter
34 (drug offenses, including but not
limited to those relating to
possession, sale or other conduct involving marijuana, narcotic drugs, precursor
chemicals and prescription drugs), or offenses committed
in another jurisdiction, which if committed in Arizona
would be in violation of Title 13, Chapter 34, Arizona Re
vised Statutes, within the
five-year period immediately
preceding the filing of an original applic
ation or a request for renewal, whether
or not the conviction or convictions
have been expunged from court records pursuant to law.
2.
Has prepared or filed an application or request for rene
wal which contains any false or misleading information,
submitted false or misleading information in support of su
ch application or request, or failed or refused to make full
disclosure of all information required by this Article.
3.
Has had a license relating to alarm businesses or agents,
as applicable, or a license of similar character, issued
by the City or another authority,
suspended, canceled or revoked within the five-year period immediately
preceding the date of the f
iling of the application.
4.
Is not a United States citizen or lawful permanent reside
nt alien or an alien who is authorized to work by the
United States Department of Justice I
mmigration and Naturalization Service.
5.
Has violated a provision of this Article, or has commi
tted any act which, if commi
tted by a licensee, would be
grounds for the denial or revocation of a license pursuant to this Article.
C.
Notice shall be given of any denial of a license application,
or a request for renewal, in writing, and either by hand-
delivery or by mail, to the address of record. The notice sh
all include the reasons for denial of the license or license
renewal.
Section 10-73.
- Suspension or revocation; grounds.
The licensing authority may suspend or revoke any primary or re
ciprocal alarm business or alarm agent license, when the licensi
ng
authority has reasonable grounds to believe any of the following:
A.
The licensee, or any controlling person, has
violated any of the grounds for denial of a license, as described in Section 10-
72.6(B).
B.
The licensee or any controlling person has failed to comply with
the requirements of this Article, including failure to
provide changes in license information, as required.
C.
The licensee has failed to comply with the requirements of this Article relating to alarm business or alarm agent
responsibilities, false alarms or assessments.
D.
The licensee has failed to maintain in good standing all licenses
or permits which are required pursuant to this Article to
hold a primary or reciprocal alarm business li
cense, or alarm agent license, as applicable.
Section 10-73.1.
- Suspension or revocation procedure; hearing.
A.
The licensing authority shall give notice of
its intent to suspend or revoke a license.
Notice shall be given in writing, eithe
r
by hand-delivery or by mail, to the address of record.
The notice shall include the reasons for the suspension or
revocation.
B.
The licensing authority shall transmit, by facsimile, notice of the
suspension or revoca
tion, when such acti
on is final, to all
counties, cities, and towns listed on the licensee's application.
The suspension or revocation of a primary alarm business
license shall result in the same action being taken as to all
reciprocal alarm business licenses which are derived from that
primary alarm business license.
Section 10-73.2.
- Review and appeals.
Any person aggrieved by any decision with respect to either t
he denial of an application for a license, or license renewal, or
the
suspension or revocation of a license which is subject to this
Article, shall be entitled to the review and appeal procedures i
n
accordance with Chapter 19, Article II of this Code.
Section 10-73.3.
- Application after denial or revocation of license.
No person, association, firm, corporation
or other legal entity may apply for any license required under this Article within on
e year from
the denial of any such license to such applicant, or from the
nonrenewal or revocation of any such license, unless the cause of
such
denial, revocation or nonrenewal has been, to the satisfaction of
the licensing authority, removed within such time. This secti
on shall be
inapplicable to denials of applications or renewal when the r
eason for denial was for an administrative, technical or otherwise
non-
material reason.
Section 10-73.4.
- Termination and cancella
tion of license; notice.
A.
An alarm agent who terminates employment with an alarm business shall immediately surrender his or her alarm agent
license to the licensing authority.
B.
An alarm agent who terminates his employment with an
alarm business to change employment to another alarm
business licensee shall notify the licensing authority of the transfer,
in writing, within fifteen calendar days of the change
in employment.
C.
An alarm business may cancel an alarm business license by filing a notice of cancellation of the license with the licensingauthority. The notice of cancellation shall include the effective date of the cancellation. in the event of the cancellation of a primary alarm business license, notice shall be given to all jurisdictions in which reciprocal alarm business licenses have been issued and are active. Reciprocal alarm business licenses shall be canceled as of the effective date of the cancellation of the primary alarm business license, unless the licensee requests the license be canceled sooner.