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BULLET St. Louis City Revised Code Chapter 8.36 Detective Agencies

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.36
Detective Agencies

Sections:

8.36.010 Definitions.
8.36.020 License--Required.
8.36.030 License--Application--Investigation of applicant.
8.36.040 License--Issuance--Certificate.
8.36.060 License--Expiration.
8.36.070 License--Renewal.
8.36.080 License--Time of issuance--Transfer.
8.36.090 License--Revocation.
8.36.100 License--Certificate--Posting--Surrender.
8.36.110 License--Certificate--Duplicate.
8.36.120 New office location.
8.36.130 Applicability of chapter to public authorities.
8.36.140 Employees--License not required.
8.36.150 Employees--Information confidential--Reports.
8.36.160 Working without license--Private watchmen.

City Counsel Ops.: 8227

8.36.010 Definitions.

The following words when used in this chapter shall have the meanings ascribed to them in this section:

A. "Detective agency" means any person engaged in the detective business, for hire, who employs one or more persons as employees, assistants, clerks, bookkeepers or operatives in his business; provided, that persons engaged in such business, whose employees, other than office employees, are in full uniform, shall not be classed as a detective agency.

B. "Detective business" means the business of making, for hire, an investigation for the purpose of obtaining information with reference to any of the following matters: Crimes against any commonwealth or wrongs done or threatened; the habits, conduct, movements, associates, transactions, reputation or character of persons; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; securing evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases; the causes, origin or responsibility for fires or accidents, or injury to real or personal property; or strikes and labor difficulties.

C. "Private detective" means a person engaged in the detective business for hire, who does not employ or use any employees, assistants, clerks, bookkeepers or operatives.
(1948 C. Ch. 18 1: 1960 C. 653.010.)

City Counselor Ops.: 9710

8.36.020 License--Required.

No person shall engage in the business of private detective or establish, conduct, maintain or operate a detective agency in the City, without having first obtained a license to do so as provided in this chapter.
(1948 C. Ch. 18 2: 1960 C. 653.020.)

8.36.030 License--Application--Investigation of applicant.

Any person intending to establish or conduct the business of a private detective or a detective agency, shall file a written application for a license which shall contain the following:

A. If the applicant is a person, the application shall be signed and verified by the person, and if the applicant is a firm or partnership, the application shall be signed and verified by each individual composing or intending to compose the firm or partnership. The application shall state the full name, age, residence, present and previous occupations, covering a period of five years prior to the application, of each person or individual so signing the same, and shall show that he is a citizen of the United States. The application shall also give the location of the office in the City, and if there is more than one office, the location of each of same, and facts sufficient to show the good character, competency and integrity of the person so signing the application. The application shall be approved as to each person so signing by not less than five reputable citizens, each of whom shall certify that he has personally known the applicant for a period of at least five years prior to the filing of the application, that he has read the application and believes each of the statements made therein to be true, and that the person is honest, of good character, competent and not related or connected to the person so certifying by blood or marriage. The certificate of approval shall be signed by each of the citizens and duly verified before an officer authorized to administer oaths.

B. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business in the City, and shall be accompanied by a copy of its certificate of incorporation. Each and every requirement of subsection A, as to a person or the individual members of a firm or partnership, shall apply to the president, secretary and treasurer of the corporation, and each of the officers, his successor or successors, shall, prior to the entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as is by subsection A, prescribed in the case of a person or individual member of a firm or partnership. In the event of the death, resignation or removal of any officer, due notice of that fact shall forthwith be given in writing to the License Collector.

C. Upon the filing of the application with the License Collector, he shall at once deliver it to the Chief of Police, who shall investigate the application and the matters and things stated and transmit his report to the License Collector with respect thereto, together with such application within ten days after the receipt thereof by him, or who if a patrolman has served in the Detective Bureau for not less than three years.

D. Every applicant shall establish to the satisfaction of the License Collector that the applicant, if he be a person, or in the case of a firm, company, partnership or corporation, that at least one member of the firm, partnership, company or corporation, has been regularly employed as a detective or shall have been a member of the United States government Secret Service, a sheriff or a member of a city police department of a rank or grade higher than a patrolman for a period of not less than three years.
(1948 C. Ch. 18 3: 1960 C. 653.030.)

8.36.040 License--Issuance--Certificate.

If it appears from an examination of the application and the report and recommendation of the Chief of Police as provided by Section 8.36.030C. that the applicant is of good character, and of approved competency and integrity, the License Collector shall issue and deliver to the applicant a license to engage in the detective business in the City. The license certificate shall be in a form to be prescribed by the License Collector and shall specify the full name of the applicant, the location of the place of business of the applicant, the date on which it is issued, and the date on which it will expire.
(1948 C. Ch. 18 4: 1960 C. 653.040.)

8.36.060 License--Expiration.

All licenses shall expire on the thirtieth day of April following the date of issue, and no license shall be issued for any period of time less than a year or for a less sum than the full annual license fee. The fee for each license issued shall be collected in full at the time of the issuance and delivery thereof.
(1948 C. Ch. 18 5 (part): 1960 C. 653.060.)

8.36.070 License--Renewal.

When a license shall have been granted to any person to engage in the business of private detective, or to establish, maintain or conduct a private detective agency as provided in this chapter, any license shall be renewed after its expiration merely on the application of the licensee, and Section 8.36.030 shall not govern the manner and form of the application for renewal except in the case of a licensee whose license shall have been revoked.
(1948 C. Ch. 18 6: 1960 C. 653.070.)

8.36.080 License--Time of issuance--Transfer.

Licenses may be issued at any time during the license year upon compliance with all the provisions of this chapter and the payment of the full fees herein prescribed. No license granted under this chapter shall be transferable.
(1948 C. Ch. 18 7: 1960 C. 653.080, 653.090.)

8.36.090 License--Revocation.

The license provided for by this chapter shall be revoked by the License Collector upon hearing duly had, for any of the following reasons:

A. If it shall appear that the licensee has knowingly violated any of the provisions of this chapter;

B. If it shall appear that the licensee has knowingly instructed any employee to violate any of the provisions of this chapter.

C. If it shall appear that the licensee has knowingly made a false report in respect to any of the matters in which the applicant may be employed;

D. If it shall appear that the licensee has divulged any information which he acquired from or for his client to any person other than his client, except when authorized by his client to divulge the information, or as he may be required to do by law;

E. If it shall appear that the licensee has knowingly and wilfully sworn falsely in any judicial proceeding, or suborned perjury therein;

F. If it shall appear that the licensee has knowingly permitted any employee to make a false report or has knowingly permitted any employee to divulge any information acquired from or for his client;

G. If it shall appear that the licensee has accepted money or gratuities from any person whose affairs he may have been employed by any other person to investigate.

In the event it shall appear that any co-partner or any person, member of a firm or any officer of a corporation holding a license hereunder has done any of the things set forth in the foregoing subsections A to G, both inclusive, then the License Collector shall revoke the license of the person, partnership, firm or corporation.
(1948 C. Ch. 18 8: 1960 C. 653.100.)

8.36.100 License--Certificate--Posting--Surrender.

Immediately upon the receipt of a license issued by the License Collector pursuant to this chapter, the licensee named therein shall cause the license certificate to be posted up and at all times displayed in the conspicuous position in his place of business, so that all persons visiting the place may readily see the same. In case of revocation, the license certificate shall be surrendered to the License Collector within five days after notice in writing to the holder has been given that the license has been revoked.
(Ord. 1948 C. Ch. 18 9: 1960 C. 653.110.)

8.36.110 License--Certificate--Duplicate.

If it shall be established to the satisfaction of the License Collector in accordance with the rules and regulations prescribed by him, that an unexpired license certificate issued in accordance with the provisions of this chapter has been lost or destroyed, without fault on the part of the holder, the License Collector shall issue a duplicate license certificate for the unexpired portion of the period of the original license.
(1948 C. Ch. 18 10: 1960 C. 653.120.)

8.36.120 New office location.

If the holder of an unexpired license issued pursuant to this chapter shall remove his office, he shall, within twenty-four hours immediately following the removal, give written notice of removal to the License Collector, which notice shall describe the premises to which the removal is made and the date on which it was made, and he shall send his license certificate to the City Register, who shall write or stamp, over his signature, a statement to the effect that the holder thereof, on the date stated in the written notice, removed his office from the place originally described in the license certificate to the place described in the written notice. The license certificate with the endorsement thereon shall be returned to the licensee named therein.
(1948 C. Ch. 18 11: 1960 C. 653.130.)

8.36.130 Applicability of chapter to public authorities.

Nothing in this chapter shall apply to any officer belonging to the police force of the state, or of any county, city, town, village or other municipal corporation thereof, appointed or elected by due authority of law, nor to any person in the employ of any police force or police department of the state or of any county, city, town, village or other municipal corporation thereof, while engaged in the performance of his official duties, nor to any state's attorney or any person in the employ of any state's attorney while engaged in the performance of his official duties.
(1948 C. Ch. 18 12: 1960 C. 653.140.)

8.36.140 Employees--License not required.

The holder of an unexpired license for a detective agency issued pursuant to this chapter, may employ, to assist him in his work and in the conduct of his business, as many persons as he may deem necessary, and shall at all times during such employment be accountable for the good conduct in the business of each and every person so employed. Any person so in the employ of the holder of a license for a detective agency need not be the holder of a license certificate issued pursuant to the provisions of this chapter.
(1948 C. Ch. 18 13: 1960 C. 653.150.)

8.36.150 Employees--Information confidential--Reports.

No person who is or has been an employee of a holder of a license for a detective agency granted under the terms of this chapter shall divulge to anyone other than his employer, except as he may be required to by law, any information acquired by him during employment in respect to any of the work to which he shall have been assigned by the employer, or any information obtained by him in the employer's service.

No person who is an employee of a holder of such a license shall make any false reports or account to the employer.
(1948 C. Ch. 18 14: 1960 C. 653.160.)

8.36.160 Working without license--Private watchmen.

It shall be unlawful for any person to act as or hold himself out as, a special or private detective for hire, within the City, or for any person to solicit, engage in or to hold out himself as being engaged in the business of furnishing or supplying special or private detectives within the City, unless the person is licensed under this chapter or is regularly employed by a duly licensed special or private detective; provided, however, that this chapter shall not apply to special or private policemen or watchmen, or other persons engaged only in the business of doing police duty and not in the detective or secret service business.
(1948 C. Ch. 18 15: 1960 C. 653.170, 653.180.)

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