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Phoenix City Code, Chapter 10, Article IX

 

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.

Page 7 Effective 05/07/2010

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.

Page 8 Effective 05/07/2010

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.

Page 9 Effective 05/07/2010

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.

Page 10 Effective 05/07/2010

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.

Page 11 Effective 05/07/2010

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.

Page 12 Effective 05/07/2010

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.