Chapter 124: Armed Security Officers

 Section 124.01 Definitions
124.02 Licensing and registration requirements
124.03 Agency license application; issuance
124.04 Company registration
124.05 Armed security officer's license
124.06 Approval of uniform, badge, patch and insignia
124.07 Prohibited activities
124.08 Approval training courses
124.09 Revenue Commission requirements
124.10 Enforcement; administrative procedures
124.11 Hearings before the Director
124.12 Notice 124.98 Severability
124.98 Servebility
124.99 Penalty

§ 124.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGENCY. Any person, firm, company, partnership or corporation, or any other entity in the business of furnishing the services of armed security officers in Louisville Metro.

ARMED SECURITY OFFICER. Persons who are hired by non-governmental entities to prevent the theft, or concealment of any items or documents of monetary value, or to preserve the peace and prevent disorder, or to control the movement of motor vehicles on public or private property as assigned by their employer, and who in the course of their work have in their possession a firearm as defined in KRS 527.010. No Armed Security Officer who engages in security services as defined in this chapter shall be considered a law enforcement or public peace officer unless so qualified by state statute.

COMPANY. Any person, firm, partnership, company, corporation, or any other business entity which employs armed security officers to perform the services of armed security officers in Louisville Metro, solely for the company, and not for hire by any other entity.

DIRECTOR. The Secretary of the Cabinet for Public Protection or any successor agency thereto.

LICENSE. A document issued by the Director to an armed security officer or agency as proof of meeting all requirement of this chapter, as may be amended from time to time. LICENSEE. Those individuals or agencies licensed under this chapter.

LOUISVILLE METRO. The geographic boundaries of Jefferson County, Kentucky.

REGISTRATION. A document issued by the Director to a company as proof of meeting all requirements of this chapter, as may be amended from time to time.

(1994 Jeff. Code, § 124.01) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.02 LICENSING AND REGISTRATION REQUIREMENTS.

  1. Every agency shall obtain a license from the Director before commencing the business of providing the services of armed security officers in Louisville Metro.

  2. Every company shall register with the Director and comply with the insurance provisions of § 124.03 of this chapter.

  3. Every armed security officer except those exempted under § 124.05 shall obtain a license from the Director prior to rendering any services as an armed security officer.

  4. At all times while on duty or otherwise working as an armed security officer, every armed security officer shall carry a valid license, and such license shall be subject to inspection by any police officer or by any other person designated by the Director.

  5. No agency or company shall employ armed security officers who are not licensed by the Director.

(1994 Jeff. Code, § 124.02) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006) Penalty, see § 124.99 )

§ 124.03 AGENCY LICENSE APPLICATION; ISSUANCE.

  1. The following information shall be required on the application for an agency license:

    1. If a corporation, the name and address of the corporation, the names, addresses and either the social security numbers or complete sets of fingerprints of the incorporators, Board of Directors and officers.

    2. If a sole proprietorship or partnership, the names, addresses and either the social security numbers or complete sets of fingerprints of the sole proprietor or each partner, whether limited or otherwise.

    3. In order to be eligible for an agency license, each of the persons identified pursuant to subsections (A)(1) and (2) above must meet the following qualifications:

      1. Be citizens of the United States;

      2. Have attained the age of 21;

      3. Not have been dishonorably discharged from any branch of the United States military;

      4. Not have been convicted of or currently under indictment for any of the following: a felony; illegally using, carrying or possessing a deadly weapon as defined in KRS 500.080(4); impersonation of a law enforcement officer or employee of the United States, or any political subdivision thereof; the illegal use, sale or possession of a controlled substance as defined in KRS Chapter 218A; or any crime of moral turpitude. An applicant shall have satisfied this requirement, if in those instances where the foregoing offense was a misdemeanor, conviction occurred at least two years prior to application for the license; or, in those instances where the offense was a felony, the applicant has been granted a pardon or has had his/her civil rights restored and has been specifically authorized to possess a firearm by means of relief granted by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1960, as amended;

      5. Has not been adjudged mentally incompetent by federal court or court of any state or political subdivision, and if so adjudicated, such adjudication has been set aside for fraud or error;

      6. Has not been hospitalized for psychiatric treatment or for drug or alcohol abuse treatment within the past two years, and if so hospitalized, will provide a written statement from a licensed and qualified physician or clinical psychologist verifying that he or she is mentally and emotionally fit for the duties of an armed security officer.

    4. The applicants must provide evidence of insurance issued by an insurer authorized to do business in the Commonwealth of Kentucky, naming the proposed agency as insured in the amount of $100,000 property damages, $1,000,000 for injury of death of one person, and $3,000,000 for injury of death of more than one person per incident arising out of the operation of such agency. An agency providing the Director with demonstrable proof that the agency has sufficient assets to indemnify itself against liability to the extent listed above shall be deemed to be in compliance with this subsection.

  2. Upon receipt of the application, the Director shall investigate to determine whether the facts set forth in the application are true, accurate and complete. The investigation will further include certification from the Jefferson County Circuit Court Clerk that the person or persons filing said application have not been the subject of a mental inquest, or if the subject of such inquest, the nature of the inquest and the resulting verdict.

  3. Within 60 days after receipt of all information necessary for the completion of the application, the Director shall either issue a license to the applicant or notify the applicant of the denial of the license application. Failure by the applicant to provide the necessary application information required by this chapter within 14 days of notice of such deficiency by the Director shall result in denial of the application.

  4. The Director shall issue a license to any applicant who meets the qualifications set forth herein; however, no license shall be issued upon a finding by the Director of any of the following:

    1. The applicant, or any person required to be identified in the application under § 124.03 has committed any act, which if committed by a licensee, would be grounds for the revocation of a license under this chapter;

    2. That while unlicensed, an applicant or any person required to be identified in the application under § 124.03, knowingly and willingly engaged in the business of providing the services of armed security officers;

    3. The existence of a material misstatement or omission in the application for a license; or

    4. The applicant uses any designation or trade name, which implies in the opinion of the Director an association with any municipal, county, state or federal government, or any agency thereof.

  5. The Director, when satisfied of the applying agency's compliance with this chapter, shall issue a license fee upon payment of a $100 nonrefundable license fee.

    1. The license shall be valid for a period of one year and shall be renewable annually upon submission of a new application and upon the payment of the $100 license fee and posting of insurance in accordance with requirements of this chapter.

    2. Within 72 hours after receipt of the agency's license, the agency shall cause such certificate to be posted and to be displayed at all times in a conspicuous place in the principal office of the agency within Louisville Metro.

    3. No license issued to an agency in accordance with the terms of this chapter shall be transferable.

  6. The authority conferred upon an agency by a license shall cease immediately upon its revocation. Each license shall be surrendered to the Director within 72 hours after it has been revoked or after the agency ceases to do business. If, however, the Director or a court of competent jurisdiction has before it any matter relating to the renewal, revocation or transfer of an agency license, the agency shall not be required to surrender the certificate until the matter has been adjudicated and all appeals have been exhausted.

  7. Any agency whose license is suspended or revoked by the Director may request a hearing before the Director in accordance with the procedures set forth in § 124.11 of this chapter.

(1994 Jeff. Code, § 124.03) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.04 COMPANY REGISTRATION.

  1. In order to receive a company registration, an applicant must provide evidence of insurance issued by an insurer authorized to do business in this Commonwealth, naming the company as insured in the amount of $100,000 property damages, $1,000,000 for injury or death of one person, and $3,000,000 for injury or death of more than one person per incident arising out of the employment of armed security officers. A company providing the Director with demonstrable proof that the company has sufficient assets to indemnify itself against liability to the extent listed above shall be deemed to be in compliance with this subsection.

  2. Within 72 hours after receipt of the company's registration, the company shall cause such registration to be posted and to be displayed at all times in a conspicuous place in the principal office of the company within Louisville Metro.

  3. The authority conferred upon a company by registration shall cease immediately upon its revocation. Each registration shall be surrendered to the Director within 72 hours after it has been revoked or after the company ceases to do business. If, however, the Director or a court of competent jurisdiction has before it any matter relating to the renewal, revocation or transfer of company registration, the company shall not be required to surrender the registration until the matter has been adjudicated and all appeals have been exhausted.

  4. Any company whose registration is suspended or revoked by the Director may request a hearing before the Director in accordance with the procedures set forth in § 124.11 of this chapter.

(1994 Jeff. Code, § 124.04) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006) Penalty, see § 124.99

§ 124.05 ARMED SECURITY OFFICER'S LICENSE.

  1. Each applicant for an armed security officer's license shall provide the following information on the application:

    1. Name, address, phone number, date of birth, and either social security number or a complete set of fingerprints.

    2. All prior residences for the last five years.

    3. Record of military service, if any.

    4. Any other information deemed necessary by the Director.

  2. To be eligible for an armed security officer's license issued by the Director, an applicant shall meet the following qualifications:

    1. Be a citizen of the United States;

    2. Be at least 21 years old;

    3. Not have been dishonorably discharged from any branch of the United States military;

    4. Not have been convicted of or currently under indictment for any of the following: a felony; illegally using, carrying or possessing a deadly weapon as defined in KRS 500.080(4); impersonation of a law enforcement officer or employee of the United States or any political subdivision thereof; the illegal use, sale or possession of a controlled substance as defined in KRS Chapter 218A; or any crime of moral turpitude. An applicant shall have satisfied this requirement, if in those instances where the foregoing offense was a misdemeanor, conviction occurred at least two years prior to application for the license; or, in those instances where the offense was a felony, the applicant has been granted a pardon or has had his or her civil rights restored and has been specifically authorized to possess a firearm by means of relief granted by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1960, as amended;

    5. Have not been adjudged mentally incompetent or currently under charge thereof, by a federal court or court of any state or political subdivision, and if so adjudicated, such adjudication has been set aside for fraud or error;

    6. Have not been hospitalized for psychiatric treatment or for drug or alcohol abuse treatment within the past two years, and if so hospitalized, will provide a written statement from a licensed and qualified physician or clinical psychologist verifying that he or she is mentally and emotionally fit for the duties of an armed security officer;

    7. Have successfully completed an approved training course in conformity with § 124.08 of this chapter.

  3. Upon receipt of the application, the Director shall investigate to determine whether the facts set forth in the application are true, accurate and complete. The investigation will further include certification from the Jefferson County Circuit Court Clerk that the person filing the application has not been the subject of a mental inquest, or if the subject of such inquest, the nature of the inquest and the resulting verdict.

  4. Within 30 days after receipt of all information necessary for the completion of the application, the Director shall either issue a license to the applicant or notify the applicant of the denial of the license application. Failure by the applicant to provide the necessary application information required by this chapter within 14 days of notice of such deficiency by the Director shall result in denial of the application.

  5. The Director shall issue a license to any applicant who meets the qualifications set forth herein; however, the Director shall deny a license to any applicant upon a finding by the Director of any of the following:

    1. The applicant individual has committed any act, which if committed by a licensee, would be grounds for the revocation or suspension of a license under this chapter;

    2. That while unlicensed, an applicant knowingly and willfully provided services as an armed security officer;

    3. The applicant made a material mis- statement or omission in the application for a license.

  6. The Director shall issue a license to any applicant who meets the qualifications set forth in subsections (A) and (B) of this section and who presents to the Director satisfactory evidence of permanent employment with a licensed agency or registered company provided, that the applicant:

    1. Has a minimum of one year's experience as an armed law enforcement officer with local or state government or with United States military, said experience occurring within three years prior to the date of application for the license;

    2. Has successfully completed a course from a training program recognized by the Director as being satisfactory and meeting the curriculum and testing requirements as set forth in § 124.08; or

    3. At the time of application for the officer's license has been commissioned under the provisions of KRS 61.900.

  7. No license issued to an armed security officer in accordance with the terms of this chapter shall be transferable to another individual.

  8. Persons who, at the time of their employment as armed security officers, are also sworn police officers in good standing of any unit of local government and who have completed within one year of their employment as sworn police officers a basic training course of at least 400 hours duration at a school certified or recognized by the Kentucky Law Enforcement Council are not required to be licensed by the Director in order to perform as armed security officers. Nothing herein shall relieve any agency or company, which employs sworn police officers as armed security officers from its responsibility to comply with the insurance provisions as set forth in § 124.04 of this chapter. Nothing herein shall be construed to exempt from the licensing requirements of this chapter any armed security officer who is specially commissioned as a peace officer pursuant to KRS 61.360, KRS 61.900 or KRS 95.160.

  9. The Director may suspend or revoke any license issued under this chapter if it is found that the licensee has:

    1. Made any false statement or given any false information in connection with a request for a license under this chapter;

    2. After issuance of a license, becomes ineligible or failed to meet the requirements of this chapter to be an armed security officer;

    3. The authority conferred upon an armed security officer by a license under this chapter shall cease immediately upon suspension or revocation of such license; or

    4. Upon the suspension or the revocation of any armed security officer's license, the Director shall provide written notice to the agency or company employing the individual of the suspension or revocation. The notice shall advise the agency or company that further employment of that individual is violative of this chapter and shall set forth the penalties for such violation.

  10. Any armed security officer whose license is suspended or revoked by the Director may request a hearing before the Director in accordance with the procedures set forth in § 124.11 of this chapter. Each license issued to an armed security officer shall be surrendered to the Director within 72 hours after it has been suspended, revoked or denied.

(1994 Jeff. Code, § 124.05) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.06 APPROVAL OF UNIFORM, BADGE, PATCH AND INSIGNIA.

The type, color and style of uniforms, badges, patches and shield insignia worn by armed security officers shall be approved by the Director to ensure that the uniform will not deceive or confuse the public or be identified with that of any law enforcement officer of the federal, state or local government.

(1994 Jeff. Code, § 124.06) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.07 PROHIBITED ACTIVITIES.

  1. No person licensed as an armed security officer may carry a concealed firearm or other deadly weapon unless authorized to do so in accordance with state law.

  2. No person licensed as an armed security officer and while on duty as such may use police radios; flashing, rotating, oscillating or colored lights, or; bells, whistles or sirens, upon any motor vehicle unless authorized to do so by the Director.

(1994 Jeff. Code, § 124.07) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.08 APPROVAL TRAINING COURSES.

  1. In order to receive a license as an armed security officer, an applicant must successfully complete a course from a training program recognized by the Director having a curriculum including the following subjects:

    1. Orientation (introduction to the course) and note taking;

    2. Fire prevention and control;

    3. Legal basis for security and rights of security officers, limitations (particularly with respect to the use of firearms);

    4. Basic law pertaining to criminal justice and the Kentucky Penal Code;

    5. Criminal law and security officer arrest, force, search and seizure;

    6. Report writing;

    7. Crowd control;

    8. First aid and special problems;

    9. Defensive tactics, alternatives to the use of firearms; and

    10. Firearms qualification.

  2. The course shall provide for the administration of a written examination and for qualification on the firing range.

(1994 Jeff. Code, § 124.08) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.09 REVENUE COMMISSION REQUIREMENTS.

Nothing herein shall relieve any agency or armed security officer from obtaining from the Louisville/Jefferson County Metro Revenue Commission any occupational license provided for or hereafter to be provided for by law for the operation of such business.

(1994 Jeff. Code, § 124.09) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.10 ENFORCEMENT; ADMINISTRATIVE PROCEDURES.

  1. The Director is hereby authorized and directed to enforce the provisions of this chapter.

  2. It shall be unlawful for any person, firm, company, partnership, or corporation to employ an agency or armed security officer for security purposes if the armed security officer or agency is not in compliance with this chapter.

  3. The Director shall develop appropriate procedures for the efficient administration of this chapter. All procedures and any amendments thereto shall be submitted to the Mayor for his or her approval. Unless disapproval by the Mayor, proposed procedures shall become effective 30 days after submission to the Mayor without further action by the Mayor.

(1994 Jeff. Code, § 124.10) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.11 HEARINGS BEFORE THE DIRECTOR.

  1. An agency, company or armed security officer adversely affected by a decision of the Director may appeal the denial, suspension or revocation of a license or registration, or the disapproval of a training program for armed security officers, by submitting a written request within ten days of the effective date of the adverse action by the Director. The Director shall conduct a hearing within 20 days of the request and may affirm, modify or reverse his or her initial decision. The Director’s final decision shall be based upon substantial evidence presented at the hearing that a licensee, registrant or officer has:

    1. Failed to comply with the restriction, requirements and conditions of this chapter or with such procedures as have been enacted by the Director pursuant to § 124.10 of this chapter or;

    2. Knowingly provided false information to gain or to maintain a license or registration under this chapter.

  2. At least ten days in advance of the hearing, notice shall be served upon the licensee, registrant or officer at the address listed for them on their license, registration or application. Service of notice shall be deemed complete upon certified mailing, return receipt requested or personal delivery. At the hearing, the Director shall afford the licensee, registrant or officer an opportunity to be represented by an attorney, to present evidence, to cross-examine adverse witnesses and otherwise to rebut the evidence against the appellant. Within ten days after the hearing, the Director shall publish his or her final decision of the issue or issues on appeal.

  3. The final decision of the Director shall be determinative of the issues raised in the appeal but the Director’s decision may be appealed to a court of competent jurisdiction. During the pendency of any such judicial appeal, the Director’s final decision shall be enforced unless otherwise ordered by the court.

(1994 Jeff. Code, § 124.11) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 32-1999, adopted and effective 9-28-1999; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006) Penalty, see § 124.99

§ 124.12 NOTICE.

Any notice required by this chapter shall be effective three days after mailing U.S. postage prepaid, certified mail, return receipt requested, to a licensee at the licensee's last known address.

(Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.98 SEVERABILITY.

If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)

§ 124.99 PENALTY.

  1. Agencies convicted or violating § 124.02(A) shall be fined not less that $25 nor more than $500. Each day of violation shall constitute a separate offense.

  2. Companies convicted of violating §§ 124.02(B) or 124.04 shall be fined not less than $100 nor more than $500. Each day of violation shall constitute a separate offense.

  3. Agencies or companies convicted of violating § 124.02(E) shall be fined not less than $25 nor more than $500. Each day of violation shall constitute a separate offense.

  4. Persons convicted of violating § 124.02(C) or (D) shall be fined not less than $25 nor more than $500. Each day of violation shall constitute a separate offense.

  5. Persons, firms, companies, partnerships, or corporations convicted of violating § 124.10(A) and (B) shall be fined not less than $25 nor more than $500. Each day of violation shall constitute a separate offense.

(1994 Jeff. Code, § 124.99) (Jeff. Ord. 51-1985, adopted and effective 12-10-1985; Jeff. Am. Ord. 33-1986, adopted and effective 12-19-1986; Lou. Metro Am. Ord. No. 60-2006, approved 4-19-2006)