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City of Mesa Alarm Ordinance 6-15

ALARM BUSINESS LICEN

SE REQUIREMENTS; ADM

INISTRATION; DURATIO

N;

DUPLICATE LICENSE: (4111, 50 7 9)

(A)

It shall be unlawful for any person to conduct, operate, or engage in or carry on an alarm business, or to

engage in the occupation of alarm agent, or represent oneself as an alarm agent, without first having obtained

such licenses as are required.

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 licen

se as required 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 i

n

violation of the Mesa City Code ordinance. The warning shall direct the alarm business to apply for an alarm

business license within ten (10) calendar days of the date of the warning. The alarm business receiving such a

notice shall not engage in the ala

rm business until an alarm business license is issued. (4111)

(B)

The duty of prescribing forms is vested in the licensing authority. License application shall be submitted to

the licensing authority, which shall have the authority to issue, deny, suspend,

or revoke a license. (4111)

6-15-7-6--15-9

(C) The license required shall be in addition to any other licenses or permits required by the City, County, or

State in order to engage in business, including the City zoning laws, as may be required to be licensed.

Failure

f any applicant or licensee, as applicable, to meet the requirements of Subsection (C) shall be

grounds for denial, suspension, or revocation of a license. (4111)

(D)

All licenses issued pursuant to this Chapter shall be for a period of one (1) year from t

he date of issue and

shall be renewable annually, one (1) year from the original date of issue or renewal, and be renewed in

accordance with provisions of Section 6

-

15

-

12: Renewal of License. (4111)

(E)

Upon written request and the payment of a fee

as pres

cribed in Appendix A

, the licensing authority shall issue

a duplicate license to a licensee whose license has been lost, stolen, or destroyed. (4111

, 5079

)

(F)

It shall be unlawful for an alarm business to use or to contract with for purposes of using the

service of an

unlicensed alarm business or alarm agent. (4111)

6

-

15

-

8:

TYPES OF LICENSES; R

ECIPROCITY: (4111)

(A)

The types of licenses issued pursuant to this Chapter are as follows: (4111)

1.

Primary Alarm Business License. A primary alarm business licen

se may be applied for by an alarm business

that is physically located within this City, in a jurisdiction that has not adopted this

R

eciprocal

A

larm License

Ordinance, or in a jurisdiction outside this State. (4111)

2.

Reciprocal Alarm Business License. An

alarm business, whether physically located within or outside the

State of Arizona, that has a valid primary alarm business license issued by a jurisdiction within this State that

has adopted the

R

eciprocal

A

larm

L

icense Ordinance shall be entitled to the

issuance of a reciprocal alarm

business license upon compliance with the requirements of this Section. (4111)

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 licens

e 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 alar

m 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. (4111)

6

-

15

-

9:

ALARM BUSINESS LICEN

SE APPLICATIONS; CON

TENTS: (4111)

(

A)

All applications for alarm business licenses(s) shall include the following: (4111)

1.

The name, business address, mailing address, and telephone number of the alarm business. If the applicant is

a corporation, general or limited partnership, limited li

ability company, or other legal entity, the name of the

applicant shall be set forth exactly as shown in its articles of incorporation, 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 each controlling person. If

one (1) or more of the partners, members, or shareholders of the applicant is a corporation or other legal

entity, the

provisions of this Subsection relating to the information required of a corporation shall apply.

(4111)

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15

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9

6

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9

2.

In the event that the applicant is a corporation, general or limited partnership, limited liability company, or

other legal entity, the applicant sh

all designate one (1) of its officers, general partners, or members to act as

its responsible managing officer. Such designated person shall complete and sign all application forms

required of an individual applicant under this Article. The applicant shall

provide a copy of their corporation,

partnership, or limited liability company formation documents. (4111)

3.

The name of the applicant and each controlling person, any alias or other name used or by which the applicant

or any controlling person has been

previously known, his or her current residence and business addresses,

telephone numbers, including facsimile numbers and e

-

mail addresses, if applicable. (4111)

4.

The names and addresses of the alarm agents employed by the alarm business. (4111)

5.

The r

esidence and business address of the applicant and each controlling person for the five

-

year period

immediately preceding the date of filing of the application and the inclusive dates of each such address.

(4111)

6.

Proof that the applicant, and each cont

rolling person, is at least eighteen (18) years of age, as indicated on a

current driver's license with picture, or other picture identification document issued by a governmental

agency. (4111)

7.

Height, weight, color of eyes and hair, and date of birth o

f the applicant and each controlling person. (4111)

8.

Two (2) current two

-

inch by two

-

inch (2" x 2") photographs of the applicant and each controlling person.

(4111)

9.

The employment history of the applicant and each controlling person for the five

-

(5

-

)

year period

immediately preceding the date of the filing of the application. (4111)

10.

Information as to whether the applicant or any controlling person, or the business on behalf 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 suspended, and the reason(s) for the revocation, cancellation,

or suspension. (4111)

11.

Whether or not the applicant or any controlling person has ever been con

victed 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 driving 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. "Con

victed" means having plead guilty or

nolo contrendre

to a crime,

having been found guilty 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 controlli

ng person shall also

answer "yes" to this question, even though he or she has not been convicted of a crime, if the applicant or

controlling person is presently pending trial or other court proceeding for a crime. (4111)

12.

For initial and renewal applica

tions for primary alarm business licenses only, one (1) full set of fingerprints

on fingerprint cards, or fingerprint data, as specified in Section 6

-

15

-

19: Background Investigation;

Fingerprints, for the applicant and each controlling person. Fingerprints

or fingerprint data must be submitted

on fingerprint cards provided or approved by the licensing jurisdiction, but may be taken by any law

enforcement or other government agency. (4111)

6

-

15

-

9

6

-

15

-

10

13.

Copies of the State of Arizona 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, issued to the alarm business applicant, and copy

of the State of Arizona transaction privilege tax license, if applicable. (4111)

14.

A list of all

Arizona counties, cities, and/or towns where the applicant conducts business. (4111)

15.

An express agreement by the alarm business that any and 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 Department in case of an alarm, shall be immediately made available at any time upon request for

inspection by agents of the Police Department. (4111)

16.

A copy of a valid primary alarm bus

iness license if the application is made for an original or renewal

reciprocal alarm business license. (4111)

17.

Such other information, evidence, statements, or documents as may be deemed by the licensing authority to

be reasonably necessary to process a

nd evaluate the application or renewal. (4111)

(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 contained in

the license

application or renewal application. Notification shall be given to the licensing authority within fifteen (15)

calendar days of the occurrence of the change. (4111)

6

-

15

-

10:

ALARM AGENT LICENSE

APPLICATIONS: (4111)

(A)

An alarm agent license a

pplication and an alarm agent license renewal application shall include the following

information about the applicant: (4111)

1.

The name of the applicant and any alias or other name, used by the applicant or by which the applicant has

previously been know

n, his or her current residence and business addresses, telephone numbers, including

facsimile numbers, and e

-

mail addresses, if applicable. (4111)

2.

The name, business address, and business telephone number of the alarm business where the applicant is or

will be employed. (4111)

3.

Proof that the applicant is at least eighteen (18) years of age, as indicated on a current driver's license with

picture, or other picture identification document issued by a governmental agency. (4111)

4.

Height, weight, color

of eyes and hair, and date of birth of the applicant. (4111)

5.

Two (2) current two

-

inch by two

-

inch (2" x 2") photographs of the applicant. (4111)

6.

The applicant's business and/or employment history for the five

-

(5

-

) year period immediately preceding

the

date of the filing of the application. (4111)

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 license revoked, canceled, or suspende

d and the reason(s)

for the revocation, cancellation, or suspension. (4111)

6

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15

-

10

6

-

15

-

12

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 cou

rt. "Crime" means any and all felonies,

misdemeanors, and serious driving offenses, including driving under the influence of intoxicating liquor or

drugs, reckless driving, driving on a suspended, revoked, canceled, or refused driver's license, or any driv

ing

offense for which the possible penalty includes jail time. "Crime" does not include minor or civil traffic

offenses. "Convicted" means having plead guilty or

nolo contendre

to a crime, having been found guilty of a

crime, or having been sentenced for a

crime, whether incarcerated, placed on probation, fined, or having

received a suspended sentence. An applicant shall also answer "yes" to this question, even though he or she

has not been convicted of a crime, if the applicant is presently pending trial o

r other court proceeding for a

crime. (4111)

9.

One (1) full set of fingerprints on fingerprint cards, or fingerprint data, as provided in Section 6

-

15

-

19:

Background, Investigation; Fingerprints. Fingerprints or fingerprint data must be submitted on finge

rprint

cards provided or approved by the licensing jurisdiction, but may be taken by any law enforcement or

authorized government agency. (4111)

10.

A list of all Arizona counties, cities, or towns where the applicant conducts business. (4111)

11.

Such oth

er 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. (4111)

(B)

Applicants for alarm agent licenses, or applicants for renewal of such

licenses, shall notify the licensing

authority, in writing, of any change in the information contained in the license application or renewal

application. Notification shall be given to the licensing authority within fifteen (15) calendar days of the

occurr

ence of the change. (4111)

6

-

15

-

11:

FEES; DISPLAY OF LIC

ENSES: (4111

, 5079

)

(A)

All license application fees, as prescribed in Appendix A, shall accompany the initial application or renewal

application. All licensing fees are non

-

refundable, non

-

transferab

le, and will not be separated.

(4111

, 5079

)

(B)

Alarm business licenses shall state whether they are primary alarm business licenses, or reciprocal alarm

business licenses. The primary alarm business license or reciprocal alarm business license, as applica

ble, shall

be at all times conspicuously displayed at the alarm business's central office or station. (4111)

(C)

Alarm agent licenses shall be carried on the person of an alarm agent at all times while so employed and the

alarm agent shall display the lice

nse to any police officer or authorized representative of this City upon

request. (4111)

6

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15

-

12:

RENEWAL OF LICENSE:

(4111)

(A)

The holder of a primary alarm business license, reciprocal alarm business license or alarm agent license shall

renew the licens

e annually by submitting a renewal application containing the information listed in Section 6

-

15

-

9: Alarm Business License Applications; Contents, and Section 6

-

15

-

10: Alarm Agent License

Applications, as applicable, and paying the required renewal fee and

the costs for a criminal history

investigation. The holder of a reciprocal alarm business license, as a condition of renewal, shall also submit a

copy of the approved primary alarm business license upon which reciprocity is based. (4111)

(B)

Applications

for license renewal shall be filed with the licensing authority not later than ninety (90) days prior

to the expiration of the license currently in effect. Applications for license renewal shall not be accepted after

ninety (90) days prior to the expiratio

n date of the license. In the event that a license expires without the

licensee having submitted a timely application for renewal, the holder of the expired license must file a new

application for initial license and shall comply with all of the requiremen

ts provided herein for obtaining an

initial license. (4111)

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15

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13

6

-

15

-

13

6

-

15

-

13:

ISSUANCE; GROUNDS FO

R DENIAL: (4111)

(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:

(4111)

1.

All application requirements have been met, including any criminal history background checks and

fingerprint requirements. (4111)

2.

All fees have been paid in full. (4

111)

3.

No grounds for denial listed in this Section exist. (4111)

(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 grounds to believe that an

applicant, licensee, or controlling person: (4111)

1.

Has been previously convicted, in any jurisdiction, of a felony; or a misdemeanor involving fraud, theft,

dishonesty, moral turpitude, physical violence, assaul

t, indecent exposure, illegal use or possession of a

deadly weapon, or a violation of Arizona Revised Statutes Title 13, Chapter 34 (drug offenses, including but

not limited to those relating to possession, sale, or other conduct involving marijuana, narco

tic drugs,

precursor chemicals, and prescription drugs), or offenses committed in another jurisdiction, which if

committed in Arizona would be in violation of Arizona Revised Statutes Title 13, Chapter 34, within the five

-

(5

-

) year period immediately prec

eding the filing of an original application or a request for renewal, whether

or not the conviction(s) have been expunged from court records pursuant to law. (4111)

2.

Has prepared or filed an application or request for renewal which contains false or misl

eading information,

submitted false or misleading information in support of such application or request, or failed or refused to

make full disclosure of all information required by this Section. (4111)

3.

Has had a license relating to alarm businesses or a

gents, as applicable, or a license of similar character, issued

by the city of another authority, suspended, canceled, or revoked within the five

-

(5

-

) year period immediately

preceding the date of the filing of the application. (4111)

4.

Is not a United S

tates citizen or lawful permanent resident alien or an alien who is authorized to work by the

United States Department of Justice Immigration and Naturalization Service. (4111)

5.

Has violated a provision of this Article, or has committed any act, which if

committed by a licensee, would be

grounds for the denial or revocation of a license pursuant to this Section. (4111)

(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 shall include the reasons for denial of the

license or license renewal. (4111)

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14

6

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17

6

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15

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14:

LICENSE SUSPENSION O

R REVOCATION; GROUND

S: (4111)

(A)

The licensing authority may suspend or revoke any primary or reciproca

l alarm business or alarm agent

license, when the licensing authority has reasonable grounds to believe any of the following: (4111)

1.

The licensee, or any controlling person, has violated any of the grounds for denial of a license, as described in

Sectio

n 6

-

15

-

13(B): Issuance; Grounds for Denial. (4111)

2.

The licensee or any controlling person has failed to comply with the requirements of this Section, including

failure to provide changes in license information, as required. (4111)

3.

The licensee has fa

iled to comply with the requirements of Section 6

-

15

-

3: Alarm Business Duties, as

specified for alarm business or alarm agent responsibilities and false alarms. (4111)

4.

The licensee has failed to maintain in good standing all licenses or permits that are

required pursuant to this

Section to hold a primary or reciprocal alarm business license, or alarm agent license, as applicable. (4111)

6

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15

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15:

LICENSE SUSPENSION O

R REVOCATION PROCEDU

RE: (4111)

(A)

The licensing authority shall give notice of its intent

to suspend or revoke a license. Notice shall be given in

writing, either by hand

-

delivery or by mail, to the address of record. The notice shall include the reasons for

the suspension or revocation. (4111)

(B)

The licensing authority shall transmit, by fa

csimile, notice of the suspension or revocation, when such action

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 take

n as to all reciprocal alarm business

licenses, which are derived from that primary alarm business license. (4111)

6

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15

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16:

LICENSE REVIEW AND A

PPEALS: (4111)

(A)Any person wanting to appeal a decision with respect to either the denial of an application f

or a license, or

renewal, or the suspension or revocation of a license, which is subject to this Section, is entitled to the review

and appeal procedures in accordance with this Code. (4111)

6-15-17:

APPLICATION AFTER DE

NIAL OR REVOCATION O

F LICENSE: (4111

)

(A)

No person, association, firm, corporation, or other legal entity may apply for any license required under this

Chapter within one (1) year from the denial of any such license to such applicant, or from the non

-

renewal or

revocation of any such licens

e, unless the cause of such denial, revocation, or non

-

renewal has been, to the

satisfaction of the licensing authority, removed within such time. This Section shall be inapplicable to denials

of applications or renewal when the reason for denial was for a

n administrative, technical, or otherwise non

-

material reason. (4111)

6

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18

6

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15

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20

6

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15

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18:

TERMINATION AND/OR C

ANCELLATION OF LICEN

SE; NOTICE: (4111)

(A)

An alarm agent who terminates employment with an alarm business shall immediately surrender his or her

alarm agen

t license to the licensing authority. (4111)

(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 (1

5)

calendar days of the change in employment. (4111)

(C)

An alarm business may cancel an alarm business license by filing a notice of cancellation of the license with

the licensing authority. The notice of cancellation shall include the effective date of t

he 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 cance

led as of the effective date of the cancellation of the primary alarm business license, unless the

licensee requests the license be canceled sooner. (4111)

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15

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19:

BACKGROUND INVESTIGA

TION; FINGERPRINTS:

(4111)

(A)

As a condition of the issuance of licens

es pursuant to this Chapter, the licensing authority shall require each

applicant and controlling person to furnish one (1) full set of fingerprints, or fingerprint data, to enable the

licensing authority to conduct a criminal background investigation to d

etermine the suitability of the applicant

or controlling person. (4111)

(B)

The licensing authority shall submit or electronically transmit all completed fingerprint cards to the

Department of Public Safety to conduct a statewide criminal history check. Th

e applicant or controlling

person shall bear the cost of conducting the criminal background investigation. The cost shall not exceed the

actual cost of obtaining the criminal history information. Criminal history records checks shall be conducted

pursuant

to Section 41

-

1750, Arizona Revised Statutes, and Public Law 92

-

544, as amended. The Department

of Public Safety is authorized to exchange the submitted fingerprint card information with the Federal Bureau

of Investigation for a national criminal history r

ecords check. (4111)

 

 

Gene W. Rosen, Esq.

Kirschenbaum & Kirschenbaum, P.C.

200 Garden City Plaza, Suite 500

Garden City, NY 11530

Tel (516) 747-6700 Ext. 303

Fax (516) 747-6781

www.KirschenbaumEsq.com