PURPOSE: Under section 84.720, RSMo, the board shall regulate individuals providing private security services. Pursuant to this authority, the board has the power to suspend or revoke any license granted by it and is obligated to furnish an appeal process for any license so affected. (1) The board shall license and regulate the activities of individuals providing private security services and firms, companies, partnerships, entities or political subdivisions providing security services pursuant to these rules.

1. (2) All licenses shall expire one (1) year from the date of issue.
2. (3) Licenses of individuals providing private security services and who are employed parttime shall remain in the custody of the employer when the private individual providing the private security services is not actually engaged in employment.
3. (4) Anyone licensed under this chapter shall advise the board of the type, color and nature of uniforms to be worn during the course of duty authorized by the license. No uniform identical to or bearing a close relationship (resemblance) to the uniform used by the Kansas City, Missouri Police Department shall be approved. Additionally, no badges identical to or bearing a close relationship (resemblance) to those used by the Kansas City, Missouri Police Department shall be permitted.
4. (5) In the event that the individual providing private security services terminates employment with one (1) employer and is reemployed within six (6) months by another licensed employer, the individual providing security services, within twenty-four (24) hours of reemployment shall submit to the board a notice of change on a form prescribed by the board, together with a transfer fee and any applicable fees. Transfer fees may be established by the board from time-to-time. All requests for transfers shall meet the qualifications of the class of licensing sought. The board shall then issue a new license card.
5. (6) Upon application and approval by the board, a license issued by any other city or state in the United States may be valid in this city provided the licensee is on temporary assignment with the employer shown on his/her license and the employer is qualified to do business in Kansas City, Missouri. In the event the person providing private security services is holding a valid license from another jurisdiction and is placed on temporary assignment in the jurisdiction, it will be the responsibility of the company to notify the board in writing, giving the nature of the assignment, the licensee’s full name and with whom the licensee holds the license. This may be issued on a one (1)-time annual basis and the employer must be beyond a ninety (90)-mile radius of Kansas City, Missouri. In addition, individuals providing private security services on armored vehicles passing through the City of Kansas City, Missouri, while in interstate travel, shall be exempt from the licensing requirements of this provision and may be entitled to carry weapons in the vehicle provided the vehicle does not stop in Kansas City, Missouri, or the owner of the armored vehicle or of the company to which the vehicle is servicing provides notice to the board by letter that the vehicle will be passing through Kansas City, Missouri.
6. (7) Individuals providing private security services are required to file a discharge of firearms report with the board whenever they discharge a firearm in the course of their occupation, other than formal firearms training.
7. (8) No person licensed under these provisions shall divulge to any unauthorized person or company any information or knowledge received from the Kansas City, Missouri Police Department or any source when the divulgence would be detrimental to effective law enforcement.
8. (9) Whenever a person providing private security services is on a stakeout or surveillance at a definite location and a Kansas City, Missouri Police Officer is sent to investigate the presence of the licensee, the licensee shall identify him/herself to the police officer.

9. (10) The chief of police or his/her designee may suspend or revoke a license granted under section 84.720, RSMo pursuant to the procedures set forth in section (11) of this rule, when there exists reliable information that the licensee or, if the licensee is an organization, any of its officers, directors, partners or associates has—

   1. (A) Been charged with or convicted of any felony or any misdemeanor or ordinance violation involving moral turpitude or illegally using, carrying or possessing a dangerous weapon;
   2. (B) Made any false statements or given false information in connection with an application for a license or a renewal or reinstatement;
   3. (C) Violated a provision of this chapter;
   4. (D) Acted or permitted any employee to act, while the license was expired;
   5. (E) Committed or permitted an employee to commit any act which is grounds for denial of an application;

   6. (F) Used any name different from that under which a person or organization is currently licensed in any advertisement, solicitation, contract for business or hiring or purchasing general liability insurance;

      (9/30/97)* Rebecca McDowell Cook

   7. (G) Committed any act in the course of business constituting dishonesty or fraud, such acts to include, but not limited to, making false statements, using illegal means to collect a debt or obligation, or the manufacturing of evidence; or
   8. (H) Been given reasonable cause to believe that it is necessary to suspend the license in order to protect the public safety and welfare.

10. (11) When the chief of police or his/her designee determines that a license granted pursuant to section 84.720, RSMo shall be suspended or revoked, the following procedures shall apply:

    1. (A) Notice of suspension or revocation shall be mailed by certified mail to the party affected at the address maintained in the Private Officers Licensing Section. The suspension or revocation shall take effect within three (3) days of mailing, except that the chief or his/her designee may suspend immediately upon the conviction of any crime referenced to in section (10) or upon determination that an immediate suspension is necessary to protect the public safety and welfare. In the case of immediate suspension, efforts to verbally communicate the suspension shall be made and followed by the written notice referred to in this subsection.

    2. (B) Notice of suspension or revocation shall be signed by the chief of police or his/her designee and shall indicate—

       1. 1. The decision to suspend or revoke;
       2. 2. The reason(s);
       3. 3. Duration of the suspension, if deter-

minable;

1. 4. Condition of reinstatement, if any;

and

1. 5. A description of the appeal process.
2. (C) Upon receipt of a notice of suspension, the individual or organization affected may request a review of the action by the Private Officers Licensing Section or appeal to the board, or both.
3. (D) The organization or individual may appeal any decision of penalty, suspension, revocation or other disciplinary action by filing a notice of appeal, in writing, with the secretary of the Board of Police Commissioners within ten (10) business days of the dated written notification of suspension or revocation at 1125 Locust Street, Kansas City, MO 64106.
4. (E) In the case of an appeal to the board, the discipline initially assessed will continue in effect until and unless it is reversed or amended by the board.

5. (F) In the event of an appeal to the board, the case shall be submitted to the board solely on the record. The record shall consist of all documentary evidence obtained by or sub-

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mitted to the chief of police or the Private Officers Licensing Section by the parties, any agreed upon statement of the case agreed to by all the parties and the legal briefs as might be filed by the parties or their representatives. Individuals or organizations denied a license upon application may appeal to the board pursuant to this section.

1. (G) The chief of police or his/her designee may place a licensee on probation in lieu of revocation for violations of the law or the rules set forth in this chapter.

1. (12) When any person’s position with a security agency is terminated, suspended or revoked, the card shall be surrendered to the security agency and shall be mailed or delivered to the Private Officers Licensing Section. In the event a person’s suspended license is eligible for reinstatement, the applicant shall provide a notarized form, provided by the Board of Police Commissioners, completed by the employing agency and stating the agency’s intent to rehire the individual.

AUTHORITY: section 84.720, RSMo 1986.* Original rule filed Dec. 5, 1979, effective March 17, 1980. Amended: Filed May 3, 1988, effective Sept. 29, 1988. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. *Original authority 1939, amended 1943.