title-17•17 CSR — Boards of Police Commissioners
Division 10 Kansas City Board of Police Commissioners
Chapter 2 Chapter 2 - Private Security
17 CSR 10-2.010 Regulation and Licensing in General {#sec-17-csr-10-2.010 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.010}
PURPOSE: Under the provisions of sections 84.420 and 84.720, RSMo, the Board of Police Commissioners of Kansas City, Missouri (board) has the authority and duty to regulate and license all private security and proprietary private investigative personnel, serving or acting as such within Kansas City, Missouri (city). This
rule establishes procedures, testing requirements, and license fees for those persons required to be licensed.
(1) Any corporation, partnership, or other entity that provides private security services and proprietary private investigative services is fully responsible for the acts and omissions of its employees acting in the course and scope of their duties. Training is the responsibility of the entity hiring such employees. The board is a licensing agency, not an employer, and assumes no responsibilities for the acts or omissions of any entity or individual providing such services. The board’s functions are limited to licensing and regulating any entity or individual who performs such services. The board shall have the power and duty to enforce the provisions of these rules and upon complaint of any person or on its own initiative to investigate violations, or to investigate the business, business practices, or business method of any person, firm, company, partnership, corporation, or political subdivision applying for or holding a license for providing private security services and proprietary private investigative services if, in the opinion of board, the investigation is warranted. Each entity or individual applicant shall be obligated to supply the information, books, papers, or records as reasonably may be required concerning proposed business practices or methods. Those licensed must maintain the records that the board requires, which include but are not limited to records of contract accounts, employment records, time records, and assignment records along with records required to be kept by federal and state law.
(2) Any license granted under section 84.720, RSMo, shall constitute a privilege to do business and shall not invest the one licensed with any contractual interest or inherent right.
(3) Those licensed to perform private security services or proprietary private investigative services have police powers limited to the property which they have been lawfully assigned to protect. With the exception of those licensed as airport police and park rangers, whose authority is set out in 17 CSR 10-2.030(1)(A)4. and 17 CSR 10-2.030(1)(A)5., those licensed under these provisions have no authority to enforce ordinances, statutes, or rules on the public streets of the city or at any location other than on the property they have been assigned to protect.
(4) Private Officers Licensing Unit (POLU) is responsible for investigating, processing, licensing, inspecting, and the regulation of all persons working or acting as licensed private security or proprietary private investigators. The POLU is further responsible for issuing and transferring all such licenses, for reinstatements and for periodic inspection of license holders.
(5) Private security and proprietary private investigator licenses are required for each of the following:
(A) Any individual providing private security services or proprietary private investigative services within the city whether for a licensed private security business or otherwise (collectively a security officer);
(B) Any firm, company, partnership, or corporation that provides private security services or proprietary private investigative services (collectively a security firm);
(C) Any direct supervisor of a security officer; and (D) Any political subdivision, sole proprietorship, firm, company, partnership, or corporation that employs personnel to provide private security services or proprietary private investigative services.
(6) The board’s licensing requirements do not apply to persons acting as bouncers, process servers, bondsmen, surety recovery agents (bounty hunters), or investigators for attorneys unless acting in a private security capacity as defined in these rules.
(7) No license is required for any peace officer authorized to exercise police powers in the city who holds a valid Peace Officer Standards and Training (POST) certificate.
(8) The board shall perform its functions under statute and under these regulations through the POLU of the Kansas City, Missouri Police Department (department). All private officers and proprietary private investigators are subject to inspection by employees of the board and members of the department.
The purpose of such inspections is to ensure that the licensee is in compliance with the provisions of this rule.
Filed March 1, 2021, effective Sept. 30, 2021. Rescinded and readopted: Filed Oct. 20, 2023, effective April 30, 2024.
17 CSR 10-2.020 Application for a License {#sec-17-csr-10-2.020 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.020}
PURPOSE: In order to promote and protect the public welfare, the Board of Police Commissioners (board) shall license and regulate those persons wishing to provide private security services or proprietary private investigative services. Application forms provided by the board shall be used by all applicants. All forms may be downloaded at www.kcpd.org.
(1) All individual applicants are required to complete an “Employer’s Application for Employment of Private Security/Proprietary Private Investigator ‘Intent to Hire Form’” (Form 5409 P.D.). This form must be completed any time a license is applied for, renewed, transferred, or upgraded. Armed licensees may not work unarmed without submitting a new Form 5409 P.D. and obtaining an unarmed license. All firms, companies, partnerships, corporations, sole proprietorships, and political subdivisions to be licensed under the provisions of section (5) below shall complete “Application for Company License” (Form 5486 P.D.)
(2) The board shall conduct a criminal history records check of each applicant and may conduct investigations as provided by section 84.720, RSMo. The applicant must pay the fee for the criminal history records check and fingerprinting at the time of application and upon each annual renewal. All licenses granted by the board as set out herein may be temporary until the completion of the applicant’s criminal history records check. Armed licenses will not be issued until the criminal
history records check results are received by the Private Officers Licensing Unit (POLU).
(3) Each applicant shall submit to photographing and fingerprinting and shall provide proof of identity by submitting with the application a photo identification card, original Social Security card, proof of citizenship, permanent resident card, Military DD214/discharge papers, most recent name change documentation from a court of competent jurisdiction, or other equivalent identification. If an applicant provides proof of identity by submitting permanent resident card, the applicant must provide sufficient proof that they have established a bona fide residence in the United States of America. If an applicant requests a replacement license because of a name change, the applicant must supply to the POLU the appropriate name change documentation from a court of competent jurisdiction.
(4) Each applicant shall provide any additional information requested by the board to conduct its investigation and shall comply with all requests of the board in the conduct of its investigation for a license under these rules, including without limitation execution of a release allowing the board to review personnel records from prior employers.
(5) Firms, companies, partnerships, corporations, sole proprietorships, or political subdivisions engaging in the business of providing private security services or proprietary private investigative services or firms, companies, partnerships, corporations, sole proprietorships, or political subdivisions that employ other individuals to perform private security services or proprietary private investigative services shall be licensed in addition to any individual license required under these rules. An applicant wishing to obtain a company license for the sole purpose of employing proprietary private investigators must meet the guidelines outlined in 17 CSR 10-2.050(1)(C). Any license granted under this section shall be designated a “company license.” All company names must be approved by POLU.
All licensed companies are required to annually pay a company fee by January 31 of each year and are required to comply with the terms of this regulation and all federal, state, and local laws. Failure to pay such fee will result in the company license expiring. In the absence of the annual company license, all licenses granted to employees or agents of that company are deemed to be inactive.
(6) Before being licensed under these rules, company applicants shall file with the board a certificate of liability insurance in the amount of one (1) million dollars or the equivalent, naming the board as an additional insured and certificate holder and protecting the board from liability judgments, suits, and claims, including but not limited to suits for bodily injury, personal injury, including false arrest, libel, slander, invasion of privacy, and property damage arising out of the licensing of individuals and entities providing private security services or proprietary private investigative services. Equivalent shall mean a bond in like amount or a certificate of self-insurance by a company with audited net worth of five (5) million dollars.
The insurance must be written by a company approved by the Missouri superintendent of insurance and approved by the board with respect to its form, manner of execution, and sufficiency, provided further, however, before a license is issued to a nonresident of Missouri, the applicant must file with the Missouri Secretary of State a written consent for jurisdiction of the courts of Missouri, and any case(s) arising from any contract for performance of private security services or proprietary private investigative services made within the city are to be performed wholly or in part, in the city or in any way connected with the business within the city or occurring in connection with the business of the one licensed within the city. Any company licensed must provide the insurance specified and cover all employees; provided, however, that in the event a suit is filed or claim is made involving the board, the company shall immediately notify the board at which time the licensee may be required to furnish additional insurance. Failure of a licensee to maintain insurance is grounds for revocation of the company license. In the absence of adequate insurance, all licenses granted to employees or agents of that company will receive notice that they need to transfer their license to a company in good-standing immediately. Each certificate of insurance must stipulate coverage for armed/unarmed personnel as appropriate. The naming of the board as an additional insured in no way constitutes or should be construed as a waiver or limitation of the board’s rights or defenses with regard to sovereign immunity, governmental immunity, official immunities, and/ or any of the protections provided under federal and state constitutions or by law.
(7) When, in the opinion of the board, an applicant has fulfilled the requirements of these rules, the board may issue the applicant a license to provide private security services or proprietary private investigative services.
(8) All those licensed under these rules shall immediately notify the board in writing of any change of address or employment; a company shall notify the board in writing of the termination of employment of any person listed on the company application or any licensed employee and notify the board as to whether or not the individual’s license has been returned to the company.
(9) Licenses, issued under these rules, are not transferable or assignable. When any person’s license has been terminated, suspended, revoked, or has expired, the license shall be mailed or delivered to the POLU. If the license is lost or stolen, the license holder shall immediately notify POLU and provide a lost card affidavit signed by a company representative. An additional fee and a new Form 5409 P.D. are required. If the license has been stolen, a police report listing the license may be accepted in lieu of the additional fee. Any person licensed under these rules may hold a maximum of three (3) licenses.
(10) All those licensed will be required to furnish a photograph and description of all vehicles to be used in the course of their business, including state license numbers, vehicle identification numbers, and provide proof of adequate automobile liability insurance coverage in accordance with the requirements established by the state of Missouri. All vehicles must clearly state that the vehicle is a security vehicle and display the company name. Use of any sign, signal, or other device contrary to the ordinance of the city, or which is similar in appearance to those used by the department is prohibited and may be grounds for denial, suspension, or revocation of a license. No private security company, proprietary private investigative company, or individual is authorized to operate any emergency vehicle as that term is defined by state law or city ordinance, other than Airport Police and Park Rangers. No vehicle displaying the word “police” shall be approved for use except as set out in 17 CSR 10-2.030(1)(A)4.
(11) All licenses shall expire one (1) year from the date of initial issuance. For licenses renewed after their expiration date, the licensee will be processed as a new applicant.
Filed March 14, 2013, effective Aug. 30, 2013. Rescinded and readopted: Filed March 1, 2021, effective Sept. 30, 2021. Rescinded and readopted: Filed Oct. 20, 2023, effective April 30, 2024.
History
- AUTHORITY: section 84.720, RSMo 2016. Original rule filed Dec. 5, 1979, effective March 17, 1980. Rescinded and readopted: Filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted:
17 CSR 10-2.030 Classification of Licenses {#sec-17-csr-10-2.030 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.030}
PURPOSE: This rule establishes minimum standards and classification of licenses related to specific private security services or proprietary private investigative services provided.
(1) Individual licenses to provide private security services or proprietary private investigative services granted pursuant to this chapter shall be classified as either Class A licenses or Class B licenses.
(A) Class A licensees shall have the authority to detain or apprehend suspects either committing felonies, misdemeanors, or city ordinance violations in the presence of the licensee or during the attempt to commit the same or upon probable cause to believe an offense was committed; provided, however, the authority is limited to the private property the licensee is hired to protect during the hours s/he is hired to protect said private property and is not to extend to the public streets of the city. No vehicle pursuits are allowed except as specifically authorized in 17 CSR 10-2.030(1)(A)4. Class A licenses may be further classified pursuant to the following titles, designations, and authorities:
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Loss prevention agent—Unarmed, nonuniformed position whose duties include but are not limited to being responsible to observe, investigate, apprehend, and prosecute shoplifters, investigate fraudulent checks, internal thefts, and the like. This individual is employed to prevent theft by unobtrusive, alert skills;
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Patrol agent—Armed or unarmed, uniformed position delegated all the responsibility of a guard with the authority to react to illegal action by apprehension or detention. They are normally assigned to a particular designated post to protect persons and property. This individual may also be responsible for proactive policing of the persons or property they are hired to protect. These responsibilities include but are not limited to foot patrol, response to alarms, self-initiated activity such as car and pedestrian checks on designated private property, investigations, apprehension, detention, or guarding and transporting of persons, property or suspects, and assisting in prosecution;
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Proprietary private investigator—An armed or unarmed, nonuniformed person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer and where there exists an employer-employee relationship, responsible for investigations which impact that employer.
The qualifications for this classification are set out in 17 CSR 10-2.050(1)(C);
- Airport police—Armed and uniformed position responsible for patrolling the property designated as the Kansas City International Airport and the Charles B. Wheeler Downtown Airport who are granted special permission to be known as the Kansas City International Airport Police.
These officers are exempt from the provisions of 17 CSR 10- 2.050(6). Airport police personnel shall be required to have a Class A license. Officers with licenses pursuant to this subclassification have the following authority, in addition to those created by the Class A license. The Class A license that has the airport police designation shall have authority to enforce city ordinance and state statute violations upon the public streets of the city, but only upon the streets within the property boundaries of the Kansas City International Airport and the Charles B. Wheeler Downtown Airport. The Class A license that has the designation unarmed, uniformed “traffic control officer” shall have the authority to control traffic and issue citations for parking violations, but only upon the streets within the property boundaries of the Kansas City International Airport and the Charles B. Wheeler Downtown Airport. This section grants no authority to engage in a vehicle pursuit on streets not within the property boundaries of the Kansas City International Airport or the Charles B. Wheeler Downtown Airport; and 5. Park Rangers—Armed or unarmed and uniformed position responsible for providing security for the City of Kansas City, Missouri parks and park property, which is granted special permission to be known as the park rangers. Park rangers shall be required to have a Class A license. Officers with licenses pursuant to this subclassification have the following
The Class A license that has the park ranger designation shall have authority to enforce city ordinance violations exclusively upon park property. This section grants no authority to engage in a vehicle pursuit on roadways that are not park property.
(B) Class B licenses shall not grant the authority for the licensees to detain or apprehend suspects. An applicant shall designate the particular subclassification listed in this subsection when applying for a Class B license. An applicant must make a separate application when applying for a Class B license designating more than one (1) subclassification of
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Guard—A guard is an unarmed, uniformed position with primary responsibilities that include but are not limited to watching and reporting on/or in a specific premises or designated area, escorting or guiding, controlling crowds, giving directions, monitoring camera systems, controlling access, and offering assistance for the safety of others. The guard has no authority to detain or apprehend a person suspected of committing a crime.
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Armed courier—An armed, uniformed position with primarily responsibilities that include but are not limited to protecting and transporting of money and other valuables from one (1) designated area to another. This licensee has the
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Proprietary private investigator—An armed or unarmed, nonuniformed person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer and where there exists an employer-employee relationship, responsible for investigations which impact that employer.
The qualifications for this classification are set out in 17 CSR 10-2.050(1)(C).
- Reciprocal license – A special category Class B unarmed license may be granted for single date events. The license may be issued with only a criminal records check and certification by the applicant that he/she understands the limits of their
Filed March 1, 2021, effective Sept. 30, 2021. Rescinded and readopted: Filed Oct. 20, 2023, effective April 30, 2024.
History
- authority, in addition to those created by the Class A license.
- authority. The license identification issued by the Board of Police Commissioners of Kansas City, Missouri (the board) shall designate which subcategory of a Class B license has been granted.
- authority to conduct private security services on the public streets of the city, but this authority is limited to protecting property from activities which would impact the property protected. The courier must meet the qualifications relating to
- authority to carry a firearm, as set out in this chapter.
- authority.
17 CSR 10-2.040 Application Forms and Licensing Fees {#sec-17-csr-10-2.040 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.040}
PURPOSE: The Board of Police Commissioners of Kansas City, Missouri (board), in order to administer its responsibilities in the area of regulation and licensing of private security and proprietary private investigative personnel, shall establish a schedule of licensing fees and list of approved forms.
(1) The fees for licensing, renewing, transferring, etc., are as follows:
(A) New Company License $400.00 (B) Company License Renewal $300.00 (C) Class A—Armed License $165.00 (D) Class A—Armed License Renewal $110.00 (E) Class A—Unarmed License $110.00 (F) Class A—Unarmed License Renewal $85.00 (G) Class B—Armed License $165.00 (H) Class B—Armed License Renewal $110.00 (I) Class B—Unarmed License $110.00 (J) Class B—Unarmed License Renewal $85.00 (K) Replacement of Lost/Stolen License $85.00 (L) Change of Company Name (up to and including fifteen (15) employees; over fifteen (15) employees, add an additional $10.00 per employee) $150.00 (M) Change of License Classification $85.00 (N) Written Test Failure $85.00 (O) Range Failure (failure to qualify range appointment; handgun) $100.00 (P) Failure to Attend Range Appointment (handgun) $125.00 (Q) Weapon Change $100.00 (R) State/NCIC/FBI Annual Fingerprinting Fee $50.00 (S) Reinstatement Fee (following suspension/ revocation/expiration) $85.00 (T) License Transfer $85.00 (U) Copy Fee $1.00 per page (V) Annual Range Fee (Handgun Training and Qualification/Continuing Education) $100.00 (W) Annual Range Fee (Rifle Training and Qualification/Continuing Education) $200.00 (2) Only cash, credit or debit cards, money orders, cashier’s checks, or checks drawn on accounts of licensed companies are accepted in payment of fees. All fees are nonrefundable.
(3) The board will provide forms for applicants to use. All forms may be located at www.kcpd.org.
(A) Form 5001 P.D., “Information for Private Security/ Proprietary Investigative Personnel,” provides basic information to private security and proprietary private investigative personnel which includes the source of the board’s authority to license private security and proprietary private investigative personnel, information on the classifications of licenses, the duties and authority of the various license classifications, information concerning firearms qualification, and scheduling and directions to the police pistol range.
(B) Form 5297 P.D., “Instructions for Licensing a Company to Employ Private Security and Proprietary Private Investigative Personnel,” provides instructions for licensing a company to employ private security and proprietary private investigative personnel which includes instructions concerning the required certificate of liability insurance, required documents, fee required, criminal history records check information, lists the private officer license classifications, procedures for monthly invoices, and information concerning the required examination and firearms qualification.
(C) Form 5409 P.D. is the “Employer’s Application for Employment of Private Security/Proprietary Private Investigators ‘Intent to Hire.’” This form must be presented any time a license is applied for, renewed, or transferred. This is the basic application form for individual licensees which requests the following information: name of business, address, and telephone number; the individual applicant’s name, address, telephone number, date of birth; a copy of their state-issued photo ID; a copy of any valid state or city private security license, if any, and Social Security number; the type of license being applied for; and if armed, the make, model, caliber, and serial number of the firearm the applicant intends to carry.
The form must be signed by both the individual applicant and an authorized company representative. No Form 5409 P.D. will be accepted if signed by a person other than the authorized representative designated by the company in writing and on file with the Private Officers Licensing Unit (POLU).
(D) Form 5486 P.D. is the “Application for Company License.”
This form is the basic application form for companies wishing to regularly work or employ persons to engage in private security or proprietary private investigative businesses in the city of Kansas City, Missouri. It requires the following information: the company’s trade name; the company’s legal name, its address, its mailing address, and business phone; the principal name of the company and home office address and telephone; whether the company is using a fictitious name and whether that name is registered with the Missouri secretary of state; whether the business is a corporation registered in a state other than Missouri but doing business in Missouri; a copy of the company’s registration in Missouri and certificate of good standing from the Missouri secretary of state if appropriate; a description of the company; information concerning whether a license issued by any governmental entity to the company has ever been denied, suspended, or revoked; a description of the uniform along with a photograph which clearly displays the company name and the word security either on the uniform or company patch to be worn by the company’s personnel (the POLU will approve in advance all uniforms to be worn by any licensee); the approximate number of persons to be licensed; a list of all company-owned firearms; a list of the names, addresses, and capacities of each of the owners, partners, officers, directors, and associates of the company; a list of the company’s contact persons who are authorized to sign and do business with the board; information and proof that the persons listed in the application are U.S. citizens; and the company’s federal employment identification number (E.I.N.).
(E) Form 5715 P.D. is the “Verification of Firearms Training”
form. This form requires an individual and his/her instructor to certify that the applicant has been trained in the use of the firearm the applicant intends to carry on duty. Information concerning what the training must include appears on the form. The form must be signed by the training instructor and the training instructor’s company must be listed. This form must be presented to the POLU prior to the applicant being scheduled for the range.
(F) Form 5636 P.D. is the “Weapons Discharge Report.” This form is designed to report information whenever a licensee discharges his/her firearm. Information which must be provided on the form includes the name of the licensee and date the license expires; the licensee’s weapon make, model, and serial number; the location of the incident; the time of the incident; the name of the licensee’s supervisor and the time they were notified of the discharge; whether the licensee was on-duty and in uniform; whether any fatalities or injuries resulted from the discharge; whether the shooting was accidental or intentional; the case report number in connection with the incident; a narrative description of what transpired; the signature of the licensee along with the licensee’s date of birth; and the signature of the company representative along with the company name and address. This form must be received by the POLU within five (5) days of the incident.
(G) Form 5707 P.D. is a “Temporary License Extension” form. It requests the date, the name of the licensee, their date of birth, and their employer’s name. This form provides a temporary license to those who have not yet attended their scheduled firearms qualification date.
March 14, 2013, effective Aug. 30, 2013. Amended: Filed July 11, 2014, effective Jan. 30, 2015. Rescinded and readopted: Filed March 1, 2021, effective Sept. 30, 2021. Rescinded and readopted: Filed Oct. 20, 2023, effective April 30, 2024.
17 CSR 10-2.050 Testing Requirements and Qualification Standards {#sec-17-csr-10-2.050 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.050}
PURPOSE: In accordance with generally recognized policing standards, the Board of Police Commissioners of Kansas City, Missouri (board) has established testing requirements for those seeking individual licensing pursuant to these provisions and has established qualification standards pursuant to the duties carried out by individuals providing private security or proprietary private investigative services.
(1) All applicants for licensing shall successfully pass a written examination as presented by the department to potential licensees. A person failing to obtain a passing score as established by the board may be allowed to retake the written test three (3) times. An additional fee and a new Form 5409 P.D. is required each time the test is retaken. The test may not be taken more than one (1) time per day. An applicant shall have the right to review their test. The Private Officers Licensing Unit (POLU) may refuse to test any person if evidence exists that there is grounds for denial of the license. This excludes any person holding an active or inactive Peace Officer Standards and Training (POST) certification and all retired sworn members of the department. The board has established categories of testing that reflect the responsibilities and qualifications required for the type of license sought by the applicant. The Private Security/Proprietary Investigator’s Instructional Manual Form 5061B (11-2023), outlines the examination and is available from the POLU. It is the company’s responsibility to provide training necessary to prepare the applicant to take and pass the board’s written examination. In addition to obtaining the license as an armed licensee, the company must certify that the applicant or licensee has completed the required training and must present a completed Form 5715 P.D. at the time of application. The licensee must successfully qualify annually with their weapon. The qualification will be equivalent to that required for department police officers. In addition, any person holding an armed license shall requalify any time they change weapons. A licensee may only carry and qualify with one (1) handgun per company. As set out in 17 CSR 10-2.040(1)(Q), a fee will be charged anytime a weapon change is made.
(A) Applicants for Class A licensing, in addition to those topics listed in subsection (1)(B) of this rule, shall also be tested on crime and criminal liability, firearms responsibility and liability, and patrol techniques. Class A licenses issued to those requesting designation as a proprietary private investigator shall also be tested on investigative techniques, illegal electronic surveillance, audio recording, and visual or video recording when permissible.
(B) Applicants for Class B licensing as provided in this chapter shall be tested on detention and seizure, how to interact with the general public and public officials, the licensing process, including rules, how to react to crisis situations, and liability issues.
(C) Applicants for proprietary private investigator must possess a high school diploma or GED and one (1) of the following: A two- (2-) year degree in Administration of Criminal Justice or a bachelor’s degree; two (2) consecutive years prior investigative experience in law enforcement, military police, or military intelligence functions; or two (2) years consecutive experience with a licensed private security or proprietary private investigative company, and be certified by that company as to knowledge of the law and investigative techniques.
(D) Each armed licensee will complete four (4) hours of handgun training at the Kansas City, Missouri Police Pistol Range (range) each year and additional hours for rifle training if the applicant wishes to carry a rifle. The applicant will be required to complete both a rifle training class if they wish to carry a rifle and pay the fees associated with those training classes.
(2) As all applicants for Class A licenses are granted the
(3) Additionally, each applicant applying for a license under these provisions must meet these standards— (A) Meet the qualifications in 17 CSR 10-2.020(3);
(B) Be at least twenty-one (21) years of age to hold an armed license and be at least eighteen (18) years of age to hold an unarmed license;
(C) Be able to read, write, and understand the English language;
(D) Be capable of understanding and performing the duties and responsibilities of a licensee;
(E) If the applicant served in the Armed Forces of the United States within ten (10) years prior to the date of application, the final discharge of the applicant from the armed forces must be honorable or general under honorable conditions;
(F) Not have been convicted of a felony or a misdemeanor in federal or state court;
(G) Be of good moral character by having no felony convictions, misdemeanor convictions, or city ordinance convictions, which have as an essential element fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis;
(H) For armed applicants, not be the respondent named in a full order of protection currently in effect issued after a hearing by a court of competent jurisdiction;
(I) Have no prior revocation of a security license;
(J) Failing to meet the standards as set out in this division;
(K) Making any false statements or giving any false information in connection with an application for a license;
(L) Failing to provide information deemed necessary in order to establish eligibility;
(M) Holding a license which is suspended, including a suspension which is currently under review or under a stay pending the outcome of litigation in a court of competent jurisdiction;
(N) Providing other facts or actions which demonstrate that the applicant is unsuitable or ineligible for license; and (O) Being terminated from or resigning under investigation or threat of discharge from a law enforcement agency shall make an individual ineligible for a license, but s/he may appeal to the board pursuant to the appeal process contained in this
section.
(4) Applicants and their employers, in the event of license denial, will be given a written notification. Applicants may appeal in writing to the POLU within thirty (30) days of denial notification. The appeal should contain a brief statement responding to the reasons for denial. Failure to supply information to the board will result in the automatic denial of the appeal. The board will then notify the applicant in writing of its formal decision on the matter. Applicants have no right to a hearing or presentation to the board.
(5) A licensee must carry his/her license with him/her at all times while s/he is working. The license card must be worn on the outermost garment while on duty. The licensee must produce such license immediately at the request of a police officer, employee of the board, or person that the licensee has stopped or detained, if the licensee holds a license which allows him/her to stop and detain persons.
(6) The POLU will approve in advance all uniforms to be worn by any licensee. No uniform identical to or bearing resemblance to any uniform used by the department shall be approved.
Additionally, no uniforms, badges, or other insignia using the word “police” shall be approved for use, except as provided in 17 CSR 10-2.030(1)(A)4. Companies licensed under this chapter shall provide the board a description, including the type and color, of the company uniform along with a photograph of the uniform. The company name must appear on the uniform or a patch and the word “security” must also appear on the uniform or patch. The word “security” must be clearly displayed on the outermost clothing to be worn by the licensee.
(7) Individuals providing private security services or proprietary private investigative services are required to file a discharge of firearms report with the board within five (5) days of the incident whenever they discharge a firearm in the course of their occupation, other than formal firearms training, or when off-duty. Failure to do so may result in action being taken by the board as outlined herein.
(8) Individuals providing private security services or proprietary private investigative services are required to notify the POLU when they are arrested or have court cases pending, within five (5) days of the incident. Failure to do so may result in action being taken by the board as outlined herein.
(9) No person licensed under these provisions shall divulge to any unauthorized person or company any information or knowledge received from the department or any source when the divulgence would be detrimental to effective law enforcement. Under no circumstances may any records received from the department, whether generated by computer or otherwise, be accessed for personal use. 1993, effective Jan. 31, 1994. Amended: Filed April 14, 1997, effective Oct. 30, 1997. Rescinded: Filed Dec. 15, 1999, effective Aug. 30, 2000.
Readopted: Filed Jan. 13, 2000, effective Aug. 30, 2000. Rescinded and readopted: Filed March 14, 2013, effective Aug. 30, 2013.
Amended: Filed July 11, 2014, effective Jan. 30, 2015. Rescinded and readopted: Filed Oct. 20, 2023, effective April 30, 2024.
History
- authority to detain or apprehend, each applicant or his/her employer must certify annually on the Form 5409 P.D. to the satisfaction of the board that the applicant is physically and mentally capable of being able to safely detain or apprehend suspects without the necessity of resorting to the displaying or discharging of a weapon except in self-defense or in defense of another. This will require every applicant to submit at renewal annually a Form 5409 P.D. The board may investigate the certification and may reject the application if there is evidence that the certification is false or incorrect.
17 CSR 10-2.055 Weapons Regulations and Firearms Qualification {#sec-17-csr-10-2.055 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.055}
PURPOSE: Applicants seeking licenses for positions authorized to carry approved firearms must be certified as qualified to carry those firearms pursuant to requirements as established by the Board of Police Commissioners of Kansas City, Missouri (board) herein.
(1) A licensee is authorized to carry only handguns in a strong side hip holster approved by the board and only if the licensee has qualified with that handgun as set out herein. All licensees must have a completed Verification of Firearms Training Form (Form 5715 P.D.) before reporting to the Private Officers Licensing Unit (POLU). The handguns approved by the board are as follows: .38 caliber, double action solid frame revolvers (five (5) or six (6) shot); and semiautomatics, double action only or double/single action, which are equipped with a decocker or decocker safety. This requirement limits the semi-automatics which may be carried to .40, .45, and 9mm calibers. Striker action handguns are acceptable. The department shooting range supervisor or his/her designee may deny a licensee the opportunity to qualify if, in his/her discretion, they believe a person or a firearm does not meet the requirements set out herein or presents a danger to others.
(2) Licensees may carry patrol rifles under the following terms and conditions. The only approved rifle will be the semiautomatic AR15, 223/5.56 caliber firearm. The patrol rifle must meet the following requirements to be approved for testing at the department shooting range and use on duty:
(A) AR-15 type firearm that has forged upper and lower receivers. No cast or carbon fiber;
(B) A sixteen inch (16") overall barrel length;
(C) A factory-type trigger system. Lightweight match style triggers are not permitted on an approved personal rifle;
(D) Iron sights, with a front tritium (night) sight (mandatory).
Pop-up sights are also acceptable;
(E) A minimum of two (2) 30-round magazines or three (3) 20-round magazines;
(F) A mountable light source (minimum of 80-90 lumens);
(G) A sling (1, 2, or 3 point styles are required);
(H) Armed licensees carrying a patrol rifle will only carry U.S. made factory-loaded 55 grain soft point ammunition in the weapon. (Hollow point and full metal jacket ammunition are forbidden.)
(3) All applicants seeking licensure for positions for which firearms may be possessed must qualify annually with the firearm(s) on the department pistol range and under the supervision of the department’s firearms instructors. The firearms qualifications standards shall be in accordance with those established by the department for its officers.
(4) An applicant must display the ability to safely and properly handle his/her approved firearm(s).
(5) An applicant shall not be licensed armed if the applicant— (A) Displays an inability to handle a firearm safely and properly; or (B) Does not attain the minimum score of seventy-five percent (75%) for qualification as outlined in Form 5676 P.D.
(2-2016). The applicant shall be given a maximum of three (3) additional opportunities to qualify. An additional fee and new Forms 5409 P.D. and 5715 P.D. are required for each additional qualification, which will be scheduled by the POLU. If the applicant fails to qualify after three (3) additional attempts, the applicant will not be allowed to attempt to qualify for one (1) year from the date of the last failure; or (C) Does not keep their scheduled range qualification appointment.
(6) If an applicant does not display the ability to safely handle a firearm, does not attain the minimum score for qualification, or does not keep their scheduled range qualification, the applicant may be licensed unarmed if they submit a new Form 5409 P.D. for unarmed licensure and pay the appropriate fee.
(7) In addition to the applicant successfully passing an approved firearms qualification test, the applicant or his/her employer must satisfy the physical certification requirements for a Class A license as established herein.
(8) Licensees holding an armed license may wear their approved firearm with their uniform, unless classified as a nonuniformed proprietary private investigator, while at work and while traveling directly to and from work.
(9) Those licensed as private security and proprietary private investigators must comply with city ordinance and state law which prohibits carrying a firearm or other weapon readily capable of lethal use into any building owned or occupied by any agency of the state government. This includes the POLU and any other office within the building or any other building occupied by the department.
(10) Each security firm shall designate a training coordinator (the training coordinator) who will be responsible for ensuring that all armed members of the security firm receive training from a qualified firearms instructor experienced in providing law enforcement/security training, as described in 17 CSR 10- 2.050(1). The training coordinator will be the person responsible for signing Form 5715, verifying each individual armed security officer has received verifiable training. Form 5715 is an official document and any training coordinator knowingly providing false information to the POLU will be subject to removal as the training coordinator for a period of two (2) years and the training coordinator and the security firm will be subject to the disciplinary procedures set forth in 17 CSR 10-2.060.
Training coordinators will be provided a checklist detailing the mandatory training requirements, must sign verifying that the mandatory training has been conducted, and the security firm will be subject to investigation if the individual attempting to qualify has not been properly trained.
(11) The board reserves the right to prohibit the holder of a license from carrying any firearm.
Filed March 14, 2013, effective Aug. 30, 2013. Amended: Filed July 11, 2014, effective Jan. 30, 2015. Rescinded and readopted: Filed March 1, 2021, effective Sept. 30, 2021. Rescinded and readopted:
Filed Oct. 20, 2023, effective April 30, 2024.
History
- AUTHORITY: section 84.720, RSMo 2016. Original rule filed May 28, 1993, effective Jan. 31, 1994. Rescinded and readopted: Filed Dec. 15, 1999, effective Aug. 30, 2000. Rescinded and readopted:
17 CSR 10-2.060 Regulation, Suspension, and Revocation {#sec-17-csr-10-2.060 omnilex-key=us-mo-regs-official--title-17--17 CSR 10-2.060}
PURPOSE: Under section 84.720, RSMo, the Board of Police Commissioners of Kansas City, Missouri (board) shall regulate individuals providing private security/proprietary private investigative services. Pursuant to this authority, the board has the power to suspend, order probation, or revoke any license granted by it and is obligated to furnish an appeal process for any license so affected.
(1) The board may monitor and investigate allegations of improper conduct and the activities of individuals providing private security and proprietary private investigative services and firms, companies, partnerships, entities, or political subdivisions providing security services or proprietary private investigative services pursuant to these rules.
(2) The chief of police or his/her designee may order probation, order a suspension, or revoke a license of any company granted under section 84.720, RSMo, pursuant to the procedures set forth in section (10) of this rule, when there exists information that the licensee or, if the licensee is an organization, any of its officers, directors, partners, or associates has— (A) Failed to meet the qualifications in 17 CSR 10-2.020(3);
(B) Failed to understand and perform the duties and responsibilities of a licensee;
(C) Been convicted of a felony or a misdemeanor in federal or state court;
(D) Failed to be of good moral character by having a felony conviction, misdemeanor conviction, or city ordinance conviction, an essential element of which is fraud, dishonesty, an act of violence, bribery, illegal drug use, sexual misconduct, and other similar acts constituting moral turpitude as defined by the common law of Missouri except that city ordinance convictions involving driving while intoxicated or driving under the influence of alcohol or drugs will be considered on a case-by-case basis;
(E) For armed licensees, been named as the respondent in a full order of protection currently in effect issued after a hearing by a court of competent jurisdiction;
(F) Failed to meet the standards as set out herein;
(G) Made a false statement or given any false information in connection with an investigation by the Private Officers Licensing Unit (POLU) or the department;
(H) Provided other facts or actions which demonstrate that the applicant is unsuitable or ineligible to continue to hold a license; and (I) Being terminated from or resigning under investigation or threat of discharge from a law enforcement agency shall make an individual ineligible for a license, but s/he may appeal to the board pursuant to the appeal process contained in this section.
(3) Suspension based on a pending criminal charge which is challenged and pending before a court of competent jurisdiction will continue in effect until a final judgment by a court of competent jurisdiction.
(4) 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:
(A) Notice that the license is under review for an action that could result in probation, suspension, or revocation of a license shall be mailed to the licensee and their company at the address maintained in the POLU;
(B) Notice of a license under review for suspension or revocation shall be signed by the chief of police or his/her designee and shall indicate— 1. The basis of the recommendation to suspend or revoke;
-
The reason(s);
-
The recommended duration of the suspension, if determinable;
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Recommended conditions of reinstatement, if any; and 5. A description of the appeal process;
(C) Upon receipt of a notice that a license under review for suspension, or revocation, the individual or organization affected may request a review of the action of the POLU by filing a request for review, in writing, with the POLU within five (5) days of the dated written notification of suspension or revocation at 635 Woodland, Suite 2104, Kansas City, MO 64106;
(D) In the event of a request for review of a suspension or revocation of an existing license, the board may by resolution appoint a hearing officer who shall hear the case solely on the record. There is no right to a hearing or presentation to the hearing officer or to the board. The hearing officer shall review the record which shall consist of all documentary evidence obtained by or submitted to the chief of police, the POLU and by the licensee, 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. The hearing officer shall render a decision in writing within five (5) days of receiving the record by mailing a written decision to the licensee and their company at the address maintained in the POLU. The licensee may appeal the decision of the hearing officer to the board by filing a request for an appeal within ten (10) days of the dated notification of the hearing officer’s decision, in writing, by mailing a request to the POLU, 635 Woodland, Suite 2104, Kansas City, MO 64106. The board will consider the appeal solely on the record at their next regularly scheduled meeting and render a final decision;
(E) Failure to supply information to the hearing officer or the board will result in the automatic denial of the appeal;
(F) The chief of police or his/her designee may place a licensee on probation in lieu of suspension or revocation.
Filed Oct. 20, 2023, effective April 30, 2024.
Division 20 St. Louis Board of Police Commissioners
Chapter 2 Private Security Officers
17 CSR 20-2.010 Regulation and Licensing of Private Security Officers Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.010 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.010}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.015 Administration and Command of the Private Security Section {#sec-17-csr-20-2.015 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.015}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving or acting as such, in St. Louis. These rules establish procedures, training, requirements and license fees for those persons so employed in the security field.
(1) Board of Police Commissioners. The St.
Louis Board of Police Commissioners (referred to as the board) is established by state statute and consists of five (5) members, four (4) of whom are appointed by the governor. The Mayor of the City of St. Louis serves as ex officio member. The board has sole charge and control of the metropolitan police department of the City of St. Louis and of the licensing, regulation, and discipline of all corporate security advisors, private security officers, private watchmen, and couriers in the City of St. Louis. Private detectives are licensed by the state of Missouri, not by the (2) Private Security Section. The private security section is responsible for the interviewing, investigating, processing, licensing, inspection, and supervision of all persons working or acting as licensed security officers or any other variety of titles in the City of St. Louis. The private security section is further responsible for issuing and transferring all such licenses, for reinstatements, for periodic inspection of license holders, for liaison with all suppliers of security personnel in the city, for maintenance of a personnel file on all applicants in the City of St.
Louis, and for publishing, within the department, information of all terminations of employment of security personnel.
(3) Private Security Personnel. The St. Louis Metropolitan Police Department Private Security Program has four (4) distinct classifications of personnel. A definition of each classification is listed as follows:
(A) Corporate security advisor. A person employed to provide all services rendered by a private security officer, as well as other specialized corporate security services related to the protection of his/her employer’s/principal’s resources and personnel. A licensed corporate security advisor may carry a firearm and protective devices in accordance with the guidelines established in these rules.
S/he shall be authorized to exercise the same police powers granted to private security officers while on his/her employer’s/principal’s property. However, the corporate security advisor’s power and authority shall not be restricted to that property, but shall be coextensive with the geographic limits of the City of St. Louis (as defined in 17 CSR 20-5.065);
(B) Private security officer. A person employed with certain police powers (as defined in 17 CSR 20-2.065) to protect life or property on or in designated premises.
Generally, the private security officer’s powers exist only within the established property owned or leased by the contracting employer and to incidents occurring on the premises.
The private security officer may carry a firearm providing this individual is qualified (as defined in 17 CSR 20-2.055).
Authorization to carry a firearm is designated on the badge/identification card. The private security officer, whether armed or unarmed, may carry a baton, nightstick, pepper mace, and handcuffs after training requirements have been satisfied;
(C) Courier. A person employed to carry out the assignment of protecting and transporting property from one designated area to another. The person shall be in an approved military style uniform. The courier has no power of arrest. The courier may carry a firearm provided this individual is qualified (as defined in 17 CSR 20-3.055).
Authorization to carry a firearm is designated on the badge/identification card; and (D) Private watchman. A person employed without police powers and without authorization to carry weapons or protective devices.
This individual will perform the tasks of observation and reporting on or in a licensed premises or designated area. This may include patrolling the public street. The private watchman has a distinctive grey, military style uniform. The private watchman has no power of arrest. Note: Only the private security officer and private courier classifications will be permitted to hold two (2) licenses.
Each classification is licensed separately and functions as a distinct entity. (This licensing does not include the private watchmen classification.)
Filed April 23, 2012, effective Oct. 30, 2012.
17 CSR 20-2.020 Qualifications Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.020 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.020}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.025 Definitions {#sec-17-csr-20-2.025 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.025}
PURPOSE: This rule standardizes the common terms unique to the private security field. The definitions will be the accepted interpretation for these prescribed rules.
(1) Applicant—A person who applies for a private security license.
(2) Arrest—The authority to apprehend and detain individuals observed or suspected of committing a law violation.
(3) Badge/identification card—A card that is issued to security personnel bearing a picture of, and information about, the person to whom the card is issued.
(4) Cancellation—The inactivation of a license at the request of an employer.
(5) Designated area—The established property owned or leased to which a licensed security person is assigned by his/her employer or contracting company. Generally, the authority of a private security officer exists only with in this designated area and applies only to incidents occurring within that area. This includes the term “licensed premises.” Police officers with the St. Louis County Police Department who have a valid metropolitan security license through their agency may work on any private property where security is contracted.
(6) Firearm—Approved double-action .38 Special caliber revolver or double-action only semi-automatic pistol in 9mm Luger caliber only.
(7) Hot pursuit—Non-vehicular pursuit of suspects for on-view felonies only. Vehicular pursuits are not permitted.
(8) License—The document which is issued to licensed security personnel by the board of police commissioners authorizing the holder to perform specific security duties in the City of St. Louis as designated by their license.
The “Metro” license currently issued allows the holder to perform security duties in St.
Louis County as well as in the City of St.
Louis.
(9) Licensed premises—Refer to definition of “designated area.”
(10) Protective devices—Instruments approved for personal protection—baton, nightstick, pepper mace, and handcuffs. Training is required before these items may be carried on duty.
(11) Resignation—The voluntary inactivation of a security license by the individual holding that license.
(12) Revocation—The inactivation of a license by the board of police commissioners in accordance with the rules and procedures set out herein.
(13) Suspension—The temporary inactivation of a license pending an administrative investigation and review by the board of police commissioners.
(14) Termination—The inactivation of a license through resignation, cancellation, expiration, or revocation.
(15) Weapons—Firearm, as described in section (6), and instruments used as protective devices, as listed in section (10), including a firearm, baton, nightstick, pepper mace, and handcuffs.
Amended: Filed April 23, 2012, effective Oct. 30, 2012.
17 CSR 20-2.030 Personal Records Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.030 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.030}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.035 Licensing {#sec-17-csr-20-2.035 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.035}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving, or acting as such, in St. Louis. These rules establish procedures, training requirements and license fees for those persons so employed in this industry.
(1) General Procedures. Each applicant must appear in person at the office of the private security section. Each applicant must complete an application form. S/he must provide all information requested in the application for a determination of his/her qualifications to hold a license as a private security officer.
Each applicant must present a current letter (no older than ten (10) days) from the intended employer where the proposed employer states an intention to hire the applicant. Prior to an application being processed by the private security section, a criminal history inquiry will be made through the St. Louis Police Department’s computer terminal. If the inquiry reveals that the applicant has an open criminal arrest record, s/he will be required to obtain a certified final court disposition or a report from a circuit or prosecuting attorney. If the case is still open, the application process will not be completed until a final disposition is obtained. Police officers from other jurisdictions including St.
Louis County Police, St. Louis Airport Police, St. Louis Deputy Sheriffs, and St.
Louis City Marshals, serving or acting as private security officers do not possess police powers at the location of their assignments in the City of St. Louis unless licensed by the board of police commissioners of the City of St. Louis.
(A) All St. Louis Airport Police Officers, St. Louis Deputy Sheriffs, and St. Louis City Marshals desiring to obtain a private security license to work as private security officers in the City of St. Louis will be processed and trained through the St. Louis Metropolitan Police Department Private Security Section.
(B) Municipal police officers who desire to work private security in the City of St. Louis must first obtain a valid license from the St.
Louis Metropolitan Police Department Private Security Section. While working in the City of St. Louis, the officer must display a badge/identification card clearly showing the name of the company for which s/he is working.
(C) Police officers from outside the state of Missouri must first obtain a valid license from the St. Louis Metropolitan Police Department Private Security Section.
Applicants will be processed in the normal manner and will be required to complete the private security officer training class after a satisfactory background check has been conducted. Police officers from states other than Missouri may not wear their department uniforms while working security in the City of St. Louis.
(2) Standards. Each applicant for a license to work as a private security officer in the City of St. Louis shall meet the standards set by the board of police commissioners, which require that an applicant— (A) Be a citizen of the United States or legal resident-alien permitted to work in this country;
(B) Be at least twenty-one (21) years of age;
(C) Be able to read, write, and understand the English language;
(D) Meet physical and mental standards established by the board of police commissioners;
(E) Be capable of understanding and performing the duties and responsibilities of a licensed private security officer within the scope of departmental policies and procedures;
(F) Has received an Honorable Discharge or a General Discharge Under Honorable Conditions, when applicable. An Undesirable Discharge, a Discharge Under Dishonorable Conditions, or a Discharge Under Other Than Honorable Conditions will disqualify the applicant;
(G) Be of good moral character;
(H) Have no felony convictions;
(I) Be able to pass a character investigation by this department as indicated through a criminal record check;
(J) Satisfactorily complete the training program prescribed by the board of police commissioners;
(K) Pass a written examination based on the information given in the training course;
(L) Never have had a security license revoked or denied by another jurisdiction for a criminal law violation;
(M) Not withhold any information which would determine fitness relevant to being licensed as a private security officer; and (N) Be free of any type of chemical dependency.
4CODE OF STATE REGULATIONS
(3) Issuance/Denial of License. When an applicant has successfully completed the requirements set by the board of police commissioners, the board will issue a license. An applicant may be denied a license for any of the following reasons:
(A) Failure to meet the standards in section (2);
(B) Falsifying information on any of the forms provided by the private security section to establish eligibility. Applicants who falsify such documents shall be ineligible to receive a private security officer license and cannot reapply for at least six (6) months from the date the false application was submitted;
(C) Failure to provide whatever additional information is deemed necessary in order to establish eligibility;
(D) The references and/or employment background records indicate a poor or unsatisfactory character or work record;
(E) Any facts or actions which make the applicant unsuitable or ineligible for licensing;
(F) Resigned under investigation, resigned under charges, or was discharged from any police force;
(G) Has been denied a security license by any agency; and (H) The employer is not in good standing with the board of police commissioners.
(4) Notification of License Denial. Applicants and their employers will, in event of license denial, be given a written notification of the denial. Specific reasons will be given to an applicant who appears in person at the office of the private security section. Applicants may appeal, in writing, to the board of police commissioners within thirty (30) days of denial notification. The appeal should contain a brief rebuttal of the reasons for denial. The board of police commissioners will then notify the applicant, in writing, of its final decision in the matter.
(5) Restricted License. The board of police commissioners reserves the right to prohibit the holder of a license from carrying any firearms. Any such prohibition will be noted on his/her badge/identification (ID) card.
(6) Temporary License. If an applicant appears to meet the standards for licensing, the commander of the private security section may issue a temporary license. This permits the applicant to work until a formal license is issued by the board.
(A) While working under a temporary license the holder does not possess power of arrest and search or seizure and may not have a firearm or protective device upon or about his/her person.
(B) A holder of a temporary badge/identification card must wear the card at the breast of the outermost garment while on duty and must be attired in an approved military style uniform.
(C) A holder of a temporary license who transfers employment to another agency must return his/her temporary badge/identification card to the private security section for issuance of a new badge/identification card.
(D) A holder of a temporary license must return the temporary badge/identification card to the private security section at the time the formal license is issued.
(7) Secondary Employment License. Additional licenses may be approved by the board of police commissioners and issued by the private security section to a private security officer who wishes to work for more than one (1) employer.
(A) A private security officer desiring a second license must present a letter of intentto-hire from the secondary employer.
(B) A St. Louis Police Department comsecurity officer applying for a secondary license. If this inquiry reveals an open arrest record within the previous year, s/he will be open, the secondary license process will not be completed until final disposition is obtained.
(8) License Renewals. A private security officer’s license is valid for one (1) year from date of issue and it must be renewed in the month it expires.
(A) A St. Louis Police Department comsecurity officer renewing his/her license. If court disposition or a report from a circuit or prosecuting attorney. If the case is still open, the renewal process will not be completed until final disposition is obtained.
(B) A private security officer wishing to renew his/her license must report to the private security section in the month the license expires, bringing— 1. A letter from his/her employer requesting renewal;
- Badge/identification card; and 3. The fee for the renewal.
(C) If firearms-qualified, the private security officer wishing to renew a license must provide proof of requalification through an approved firearms course. The private security officer must also submit a urine specimen for drug testing according to the provisions of these rules and regulations, unless otherwise exempted.
(D) A license not renewed during the month it was issued automatically expires on the last day of the month unless the holder has applied to the commander of the private security section and received an extension of time. Such extension will be noted with a sticker on the license. This sticker will indicate the adjusted expiration date of the (E) Applicants for license renewal will be required to annually attend a renewal training program consisting of seven (7) hours training in selected security subjects and departmental regulations.
(9) License Transfer. A license holder may work only for the company, agency, or business entity named on the license. A license holder who changes employers must transfer his/her license to the new employer before he/she begins working for the new employer.
In order to transfer a license from one employer to another, the license holder must appear in person at the private security section and— (A) Bring a current dated letter issued (no more than ten (10) days prior to application) from the new employer, addressed to the board of police commissioners, outlining the duties of the new job and requesting the transfer of license;
(B) Bring in license and badge/identification card;
(C) Pay the fee established for processing transfers;
(D) Will receive a new badge/identification card and license to the new company; and (E) A St. Louis Police Department comsecurity officer transferring his/her license. If open, the transfer process will not be completed until final disposition is obtained.
(10) License Reinstatements. A licensed private security officer who resigns may apply for reinstatement of his/her license under the following requirements and procedures:
(A) Application must be made within three (3) months of the resignation date;
(B) The applicant must have resigned while his/her license was in good standing;
(C) The applicant must appear at the private security section with a currently dated letter from an employer requesting reinstatement;
(D) The applicant should pay the fee established for processing license reinstatements; and (E) A St. Louis Police Department comsecurity officer reinstating his/her license. If open, the reinstatement process will not be completed until final disposition is obtained.
17 CSR 20-2.040 Watchman Training Class Attendance Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.040 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.040}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.045 Personnel Records and Fees {#sec-17-csr-20-2.045 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.045}
PURPOSE: This rule indicates which records must be maintained for licensed security personnel and the establishment of fees.
(1) Personnel Records. The private security
section will maintain the personnel records of each license holder. Such record, and all information pertaining to the individual, shall be the property of the private security section. Applicants and license holders are personally responsible for immediately notifying the private security section of any change in name, address, telephone number or employer.
(2) Fees. The board of police commissioners will establish, from time-to-time, a set of fees for various services provided by the private security section. The schedule of fees is posted in the private security section office. No fees will be refunded for any reason after the date of application and must be paid in full at the time of application.
History
- AUTHORITY: section 84.348, RSMo 2000.
17 CSR 20-2.050 Written Examination Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.050 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.050}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.055 Training {#sec-17-csr-20-2.055 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.055}
PURPOSE: This rule requires candidates for licensing to attend training classes. Applicants who have been approved for licensing by the board of police commissioners are required to attend and complete a program of basic training.
(1) Exemptions. Full-time state-certified police officers and retired St. Louis City police officers shall be exempt from basic classroom training requirements, but must still complete firearms training requirements.
All other applicants shall be required to complete basic classroom training and firearms training.
(2) Length and Content. The classroom training period consists of two (2) days. The length and subject matter of the class is to be determined by the board. Classroom activities consist of selected security subjects and departmental regulations.
(3) Absences. Candidates for licensing who remain away unexcused from any class sessions may be disqualified or required to arrange attendance at a future class.
(4) Final Test. Each applicant must take a written test on the subject matter presented in class and must attain a passing score of at least seventy percent (70%).
(A) Applicants who fail to achieve a seventy percent (70%) score will be allowed to take one (1) make-up test.
(B) A second failure will cause the applicant to be ineligible for licensing. The applicant will be supplied with all training materials and allowed to take the basic class in thirty (30) days at his/her expense. Upon successful completion of the subsequent training and test, the applicant will be issued a (5) Firearms Qualification. On the firing range an applicant must display the ability to safely and properly handle his/her firearm and must achieve a score at or above the standard established by the board of police commissioners.
(A) An applicant who displays an inability to handle a firearm safely and properly will be disqualified from carrying a firearm.
(B) An applicant who does not attain the minimum score on the firing range will not be issued an armed license.
(6) Unarmed Private Security Officer License. An applicant who does not wish to have an armed license, or who cannot attain the minimum required score on the firing range, may be issued a restricted license allowing him/her to work as a private security officer without a firearm.
(7) Training Fee. A training fee established by the board of police commissioners must be paid at the time of application.
(8) Oath or Affirmation. Prior to issuance of his/her license, the applicant must swear or affirm the following:
I DO SOLEMNLY SWEAR OR AFFIRM that I am a citizen of the United States, or a legal resident alien, that I will faithfully support the Constitution of the United States, the Constitution and Laws of the State of Missouri, and the Charter and City Ordinances of the City of St. Louis; that I have never been discharged from the police force of the City of St. Louis; that I have never been convicted of a felony; that I have no physical or mental disability or habit that disqualifies me from performing the duties of a Private Security Officer; that I will wear such dress, badge/identification card or emblem as the Board of Police Commissioners may from time-to-time designate; that I will, to the best of my skill and ability, diligently and faithfully, without partiality or prejudice, discharge my duties according to the Constitution and Laws of the State of Missouri and Charter and Ordinances of the City of St. Louis; that I will strictly obey all lawful orders and regulations of the Board of Police Commissioners of the City of St. Louis, the Chief of Police, or any officer placed by them over me; that I will not cease to perform my duties until my resignation is accepted by the Board of Police Commissioners; that I will 6CODE OF STATE REGULATIONS not become a member of or affiliate myself with, any organization of any kind or character whatsoever, membership in which will or may impose upon me obligations inconsistent with the full performance of my duties as a Private Security Officer, or inconsistent with the oath herein taken to carry out the orders of the Board of Police Commissioners and to comply with its lawful orders, rules and regulations, or which will or may, in any degree interfere with the performance of my duties as a licensed security officer.
July 11, 1988. Amended: Filed April 16, 1990, effective June 28, 1990. Amended:
Filed Feb. 13, 2002, effective Aug. 30, 2002.
17 CSR 20-2.060 Watchman Equipment Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.060 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.060}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.065 Authority {#sec-17-csr-20-2.065 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.065}
PURPOSE: This rule establishes the arrest powers of a licensed security officer. These powers are in effect only while the licensed security officer is in the area designated by his/her employer and during the time s/he is assigned to work.
(1) Authority. Private security officers have the authority to make an arrest and to search for and seize evidence in connection with the arrest, at the location, and during the time of their assignments, under the same conditions as members of the police force of the City of St. Louis as outlined below— (A) In all instances of felonies, misdemeanors, and city ordinance violations committed in the presence of the officer;
(B) During an attempt to commit a felony or misdemeanor;
(C) For an offense not committed in the presence or view of the security officer, when s/he has probable cause to believe that the offense was committed by the person s/he is arresting;
(D) Off his/her licensed premises when in foot pursuit for an on-view felony. (An onview felony offense is a felony offense the security officer sees committed.) Vehicle pursuits are not permitted under any circumstances;
(E) Off his/her licensed premises, but only within a two (2) block radius of said premises, unless expressly approved by the private security section, and while escorting employer’s employees and visitors from said premises to their parked vehicles or other means of transportation; and (F) Off his/her licensed premises but only while escorting employer or employer’s designee, by the most direct route, to and/or from a bank or other financial institution for the purpose of making a cash deposit or withdrawal.
(2) The authority granted private security officers herein is limited and said limitations shall be strictly construed. It does not permit private security officers to serve as bodyguards, process servers, or investigators for attorneys. Operators of security agencies should be aware of these restrictions and should also be aware that violation thereof could result in the suspension or revocation of a private security officer’s license by the (3) In specific circumstances, with the consent of the chief of police, uniformed security officers may be empowered to direct traffic on city streets adjacent to their employer’s property, provided they have successfully completed a training program in traffic direction and control, sponsored by the Traffic Safety Division of the St. Louis Metropolitan Police Department.
(4) Private security officers successfully completing training in traffic direction and control, sponsored by the Traffic Safety Division of the St. Louis Metropolitan Police Department, and at the discretion of the chief of police, may be subject to activation to assist with traffic direction and control at any location in the City of St. Louis as established in the Code 1200 Department Emergency Mobilization Manual, Section III (6) Bureau of Professional Standards (b) Private Security Section.
(5) Arrests. An arrest is made by the actual restraint of the defendant or by his/her submission to the authority of the private security officer.
(A) In making an arrest a private security officer should use only as much force as is reasonably required to achieve his/her lawful objective. Deadly force may never be used in defense of property only.
(B) The arrest authority for private security officers is established by the board of police commissioners under section 84.340, RSMo, granting the board authority to regulate and license all private security personnel.
(C) Police officers from other jurisdictions, including St. Louis City Marshals and St.
Louis Deputy Sheriffs, who are serving or acting as private security officers do not possess police powers at the location of their assignments in the City of St. Louis unless licensed by the Board of Police Commissioners of the City of St. Louis.
17 CSR 20-2.070 Watchman License Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.070 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.070}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.075 Duties {#sec-17-csr-20-2.075 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.075}
PURPOSE: Private security officers are expected to perform certain duties. They have responsibilities to their employers as well as the citizens of St. Louis. The private security officer also has the duty to assist and cooperate with the St. Louis police officers.
(1) Duties. It is the duty of every licensed security officer:
(A) To observe and obey these regulations and to obey all lawful orders of any commissioned St. Louis police officer in all matters involving the need for police services;
(B) To assist St. Louis police officers in preserving the peace or in taking such other action as may be necessary to effect an arrest at the location, and during the time, of his/her assignment;
(C) To cooperate with St. Louis police officers in the performance of their duties.
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Participation by licensed private security officers, on duty or off duty, in police action where police officers are on the scene, shall be limited to identifying themselves to the officer(s) and offering assistance.
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The judgement of the St. Louis Metropolitan Police on-duty police officers shall prevail in any situation where police are present. They are responsible for the proper handling and reporting of the incident in accordance with departmental policies.
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Failure to cooperate with a St. Louis police officer may be cause for disciplinary action against a licensed private security officer.
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Failure to assist a law enforcement agency or to aid in prosecution of a crime may be cause for disciplinary action against a licensed private security officer; and (D) To notify the St. Louis Police Department when an arrest has been made by the private security officer, to furnish all pertinent facts and evidence to any police officer(s), and to surrender to such officer(s) custody of any prisoner and any evidence related to the arrest. A report of the incident will then be made by the police in the same manner as in other arrests.
17 CSR 20-2.080 Watchman’s Badge Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.080 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.080}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.085 Uniforms Commissioners may prescribe, by regulation, the uniforms to be worn by licensed security officers. {#sec-17-csr-20-2.085 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.085}
(1) A company shoulder patch shall be mandatory on all shirts, coats, and jackets of private security personnel unless said personnel are within one (1) of the following classifications:
(A) Paid, full-time Missouri Peace Officers Standards and Training- (POST-) certified police officers, having a minimum of six hundred (600) hours of POST-certified training (All such individuals must provide the private security section with written documentation from the head law enforcement officer of their department indicating approval of their wearing of their department’s official police uniform while working licensed security in the City of St. Louis);
(B) St. Louis Airport Police;
(C) St. Louis City Deputy Sheriffs; or (D) St. Louis City Marshals.
(E) Police officers who do not satisfy the certification requirements in subsection (1)(A) shall be required to wear the company uniform for which they are employed, and are not eligible to wear their department’s official police uniform.
(2) All private security officers should be aware of the following guidelines:
(A) All private security officers are required to wear a uniform, which, at a minimum shall consist of trousers or skirt, and shirt or blouse. The word “police” shall only be displayed on official uniforms of individuals within subsections (1)(A) or (1)(B) of this
regulation. Verification of the officer’s POST certification is required;
(B) All private security officers wearing blue uniform trousers, skirts, shirts, and jackets similar to those worn by the St. Louis Police Department must have their company shoulder patch affixed to either the left or right sleeve, approximately one inch (1") below the shoulder seam, clearly distinguishing them from St. Louis police officers;
(C) The badge/identification card issued by the private security section of the St. Louis Metropolitan Police Department will be worn on the breast of the outermost garment, in plain view, while on duty and performing a bona fide security function for an employer;
(D) Private security personnel may wear a company badge or emblem as devised by their employer. These badges and emblems bear the name of the employer and identify the individual as a private security officer.
The word “police” will not be used on the badge or emblem, except as otherwise provided;
(E) A company shoulder patch will be mandatory on all shirts, coats, and jackets of private security personnel. The patch may be worn on the right or left sleeve approximately one inch (1") below the shoulder seam.
POST-certified police officers with a minimum of six hundred (600) hours of training wearing their approved department uniforms while working security in the City of St.
Louis are exempt from this requirement as long as the official department uniform patch is displayed;
(F) No buttons, insignia, or decoration which are marked in any way with the St.
Louis Metropolitan Police Department imprint may be worn by a licensed private security officer; and (G) The use of company vehicles for security purposes must conform with the established rules governed under city ordinance.
The word “police” will not be displayed on the vehicles. Red and/or blue lights are not allowed on security vehicles.
(3) Exemption From Wearing Uniform. The board of police commissioners may exempt a licensed private security officer from wearing a uniform and/or displaying the departmentissued badge/identification card while on duty. Such exemption must be requested by the employer in writing. Each licensed private security officer receiving exemption from the requirement of wearing a uniform may, during the period of the exemption, perform his/her duties as specified on the identification card. The identification card showing that the private security officer has a uniform exemption must be carried while the private security officer is on duty.
(A) All letters requesting exemption from the wearing of a uniform or insignia, including proof of need, shall be addressed to the commander of the private security section by the employer of the security officer.
(B) A uniform exemption identification will expire on the same date the holder’s license expires. To renew the exemption, a new letter of request shall be submitted to the commander of the private security section by the employer of the security officer.
(C) No exemption shall be granted for a licensed courier or watchman.
(4) Armed Uniform Exemption. In rare instances the board of police commissioners may exempt an armed licensed private security officer, upon written application from his/her employer, from wearing a uniform and/or insignia provided by the board. The employer must show, in writing, that the wearing of a uniform or insignia hinders the efficient performance of security duties by the employee. These requests will be reviewed by the board of police commissioners. Note: A private security officer receiving this exemption may perform his/her duties as specified on the identification card and may carry an authorized, loaded firearm on his/her person while performing security duties for the employer subject to the rules and regulations established by the board of police commissioners. A private security officer licensed under these conditions is not authorized to carry the weapon on his/her person while traveling in either direction between place of residence and place of assignment and must unload the weapon and 8CODE OF STATE REGULATIONS transport it according to existing laws and ordinances. Violation of any of these provisions renders the offender subject to penalties, which can include license revocation.
17 CSR 20-2.090 Watchman Identification Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.090 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.090}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.095 Equipment Commissioners issues equipment to the licensed private security officers. This equipment remains the property of the police department and the private security officer is responsible for its maintenance and care. {#sec-17-csr-20-2.095 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.095}
(1) Equipment Issue. At the conclusion of the training period and upon final approval by the board of police commissioners, each private security officer shall receive from the private security section one (1) badge/identification card, and one (1) security officer’s manual.
These items are, and remain, departmental property. They must be returned to the private security section by any private security officer who resigns, is suspended, or has his/her license revoked.
(2) Equipment Responsibility. During their employment it is the responsibility of security officers to care for and safeguard departmental property issued to them.
(A) All issued items of departmental property lost, stolen, damaged or destroyed must be replaced by the licensee.
(B) The loss of any item must be immediately reported to the private security section.
No formal police report is required. The private security officer then becomes responsible for appearing at the private security section and paying for a replacement.
(C) Careless handling of St. Louis Police Department property by a security officer may be grounds for disciplinary action.
(3) Badge/Identification Card. The badge/identification card which is issued by the private security section to a licensed private security officer is an easily recognized symbol of authority and responsibility.
(A) The badge/identification card, which is stamped with an issue date and an expiration date, will also state whether the holder may be armed or must work unarmed. The card will also indicate if the private security officer is authorized to carry a baton or nightstick.
(B) This badge/identification card must be worn over the breast on the outermost garment in plain view. It must be returned to the private security section upon resignation, suspension, cancellation or revocation of the (C) Tampering, defacing or altering of this card is subject to disciplinary action or revocation.
17 CSR 20-2.100 Authority of Licensed Security Officers Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.100 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.100}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.105 Weapons Commissioners authorizes a private security officer to carry a firearm in the performance of his/her duties. There are limitations and responsibilities as indicated. {#sec-17-csr-20-2.105 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.105}
(1) Limitations on Carrying Weapon. An armed private security officer licensed by the St. Louis Board of Police Commissioners may be permitted to carry on his/her person an authorized firearm, while traveling in either direction by the most direct route (without deviation and/or not to exceed one (1) hour) between his/her residence and place of assignment provided s/he is— (A) In uniform;
(B) Firearms-qualified;
(C) Wearing a valid badge/identification card issued by this department; and (D) Full-time, off-duty Missouri Peace Officers Standards and Training- (POST-) certified police officers with a minimum of six hundred (600) hours of training are exempt from this requirement.
(2) Private security officers who are authorized to carry their firearms to and from their place of residence have no authority to use their firearms during that travel period.
(A) Except as provided above, a firearm and protective devices may only be carried by a security officer while on his/her licensed premises.
(B) A firearm and protective devices may not be carried off assigned premises for any nonduty related activities (lunch, fueling cars, personal relief, etc.). Full-time, off-duty Missouri POST-certified police officers and St. Louis Airport Police Officers are exempt from this requirement.
(3) The authorization to carry a firearm may be revoked if a private security officer discharges or uses his/her firearm and it is determined to be unjustified. Each incident will be decided on a case-by-case basis with the circumstances surrounding the use being the primary factors under consideration.
(4) Inspection and Registration. All firearms used by private security officers must be inspected by the department armorer or his/her designee and must be registered and on file in the private security section. Armed security officers may only use a duty weapon which is personally owned by them or owned by their agency.
(A) Only one (1) approved firearm may be carried on duty.
(B) Except as provided above, private security officers must carry a double action .38 Special caliber revolver or a 9mm Luger (9x19) caliber semi-automatic pistol. The carrying of any other caliber weapon, including derringers, .357 Magnums, and shotguns, is prohibited. Only factory loaded, commercially available ammunition may be carried.
(C) For armed, uniformed security officers, the firearm shall be exposed and worn on a belt at the waist on the side of the dominant hand. No other methods, such as a shoulder holster, ankle holster, etc., shall be permitted in uniform. The holster must positively secure the weapon with a strap or snap.
(D) For armed security officers on uniformexempt status the firearm shall be worn on a belt at the waist on the side of the dom inant hand. No other methods, such as a shoulder holster, ankle holster, etc., shall be permitted for uniform-exempt status. The holster must positively secure the weapon with a strap or snap.
(E) Private security officers are required to annually requalify with their firearms during the month of license renewal, and at six- (6-) month intervals.
(F) Notwithstanding the foregoing, any deviation from the mandates of this subsection shall be made on an ad hoc basis, for good cause, only by written order of the chief of police with the consent of the board of police commissioners.
(G) Private security officers who wish to carry a semi-automatic pistol while working security are limited to weapons manufactured by Beretta, Glock, Ruger, Sig-Sauer, Smith & Wesson, and Springfield Armory and registered with the private security section. A semi-automatic weapon carried by a private security officer must be double-action only.
(5) Requirements for Police Officers from Other Jurisdictions Carrying Duty Weapons.
Police officers from other jurisdictions working as private security officers in the City of St. Louis may be permitted to carry their department duty weapon upon satisfying the following requirements:
(A) The officer must be a full-time employee of his/her agency and must submit a letter to the private security section from department indicating that the officer is a full-time commissioned officer;
(B) The officer must be certified by his/her respective state with a minimum of six hundred (600) hours training at a stateapproved academy. A copy of the certification must be presented to the private security section at the time of application for the security license;
(C) The officer must present a letter from department indicating the make, model, and serial number of the weapon that they are allowed to carry while working for their department;
(D) The officer must present a letter from department indicating a policy that requires the officer to requalify with the duty weapon a minimum of twice each year, and that the officer is subject to random drug testing;
(E) The firearm must be approved by the St. Louis Metropolitan Police Department’s armorer or his/her designee;
(F) All other part-time police officers and reserve officers from other jurisdictions are restricted to weapons approved by the board for other private security officers and are required to successfully complete the firearms training program mandated by the board of police commissioners; and (G) Tasers or other devices not specifically permitted may not be carried or used by security officers or police officers working security, unless specifically exempted by the (6) Discharge of Firearms. A private security officer may not discharge a firearm in the performance of his/her duties (other than for practice or training at a firing range or similar authorized location) except when— (A) Reasonably necessary to protect him/herself or another from death or serious bodily harm. Note: Security officers are not permitted to discharge their weapons to destroy any injured or dangerous animal unless their safety or the safety of a third party is directly threatened.
(7) Shots Fired Report. A private security officer, upon firing his/her weapon and/or using force to make an arrest, shall notify the nearest police district and have an official police report prepared. The reporting officer will see that a copy of the police report is forwarded to the commander of the private security section.
(8) Safety First Rules for Gun Handling. The licensed private security officer is responsible at all times for his/her weapon whether in or out of his/her possession. The following rules must be learned and obeyed:
(A) All weapons must be treated with the caution and respect due a loaded gun. Most accidents occur with a weapon thought to be unloaded;
(B) The weapon should be checked for ammunition each time it is handled;
(C) The barrel and action must be clear of obstruction before using the weapon;
(D) The weapon must be kept in good working condition;
(E) The weapon should not be drawn or pointed at any person unless the situation justifies such action;
(F) When the weapon is unattended, it must be properly secured and safe from children and curious people; and (G) Ammunition carried on duty must be new factory-service ammunition. No reloads or wad cutter ammunition is permitted.
(9) Nonlethal Weapons. Private security officers may only carry the following nonlethal defensive weapons or equipment:
(A) Pepper mace (o.c. spray), after completion of approved training;
(B) Handcuffs, after completion of approved training;
(C) Metal baton not more than twenty-six inches (26") long when fully extended and not weighing more than twenty-one (21) ounces, after completion of approved training; and (D) Wooden or composite baton not more than twenty-six inches (26") long and not weighing more than twenty-one (21) ounces, after completion of approved training. Note:
Private security officers and corporate security advisors will only be authorized to carry an impact weapon after they have received training by a board-approved instructor. It is the responsibility of the employer to provide board-approved training in the proper use of this equipment. An agency has the right to determine which of these items may be carried by its licensed security employees.
17 CSR 20-2.110 Watchman Duties Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.110 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.110}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.115 Field Inspection Commissioners has delegated to the members of the St. Louis Metropolitan Police Department the responsibility for the inspection of licensed security officers. {#sec-17-csr-20-2.115 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.115}
(1) Standards of Conduct. Private security officers are required to conduct themselves at all times in a manner reflecting the highest standards of professional behavior. Any conduct on the part of a private security officer which, in the judgment of a commissioned officer of this department, may be harmful to the good order, discipline or reputation of this department, or which may involve the integrity of this department, may be punished by oral or written reprimand, suspension for 10CODE OF STATE REGULATIONS a designated period of time or permanent revocation of license.
(2) Field Inspections. All private security officers are subject to inspection by officers from the St. Louis Metropolitan Police Department. The purpose of such inspection is to insure that the license holder is in compliance with the provisions of this rule. Such an inspection will determine that:
(A) The license holder has in his/her possession a proper badge/identification card issued by the St. Louis Board of Police Commissioners;
(B) The license holder is wearing a full uniform when carrying an exposed firearm; and (C) The license holder has not disregarded or deviated from the manual.
(3) Failure to Cooperate. Failure by any license holder to cooperate with a commissioned member of the St. Louis Police Department, or with personnel assigned to the private security section in the performance of their official duties, will constitute grounds for disciplinary action.
(4) Arrest of License Holder. During an inspection, if a license holder has been arrested for a felony, a misdemeanor or an infraction involving moral turpitude or license violation, the holder’s badge/identification card will be seized and forwarded to the private security section of the St. Louis Police Department with a copy of the arrest report. The license holder is to be informed that s/he is suspended and not to continue to work until the matter is resolved by the private security section. If arrested for a felony violation, a formal suspension number will be obtained in the normal manner. The private security section will conduct any necessary investigation or make notification to the jurisdictional agency.
17 CSR 20-2.120 Firearms Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.120 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.120}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.125 Complaint/Disciplinary Procedures Commissioners has established rules of conduct and the procedures for the investigation of and the discipline for breaches of these rules. {#sec-17-csr-20-2.125 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.125}
(1) Complaints. Investigation of complaints against a licensed private security officer will be handled by the private security section.
The results of the investigation will be forwarded in the form of a report with recommendations through the chain of command to the board of police commissioners. The board will render a judgment concerning disciplinary action. The individual concerned and his/her employer will be informed by the private security section of all decisions made by the board of police commissioners.
(2) Reprimands. In instances of misconduct not sufficiently serious to merit suspension or revocation of a license, the license holder may be reprimanded orally or in writing. Any violation of the provisions in these rules may be grounds for a reprimand. Reprimands will be a factor considered upon a licensee’s application for a renewal of license or upon the occasion of any later disciplinary action.
There is no appeal from a reprimand.
(3) Suspension. In instances where a private security officer is arrested for a felony or a serious misdemeanor, the commander or watch commander of the district or any officer acting in that capacity will administratively suspend the private security officer.
(A) In instances where a private security officer is arrested for a crime or ordinance violation, not a felony, and depending on the situation, the commander or watch commander of the district or any officers acting in that capacity has the choice of administratively suspending the private security officer or contacting the commander of the private security section, who will determine whether or not the private security officer is to be suspended. If unable to contact the commander of the private security section, the report of the incident will be forwarded to the private security section at the earliest opportunity.
(B) Whenever a licensed private security officer is administratively suspended it will be required that the private security officer surrender his/her badge/identification card until a decision is made for its return by the commander of the private security section or a disposition is rendered by the board of police commissioners.
(C) Where no warrant is issued and/or no cause for discipline is apparent, the private security officer’s return to duty is to be determined by the commander of the private security section.
(4) Revocations. A license may be revoked by order of the board of police commissioners for any violations of the rules.
(5) Notification/Appeal. Whenever the license of a private security officer is suspended or revoked by the board of police commissioners, the private security section shall notify the licensee in writing of the action. This notice will be mailed to his/her last address of record. The licensee shall have ten (10) days from the date of mailing notice at his/her last address of record to request a review of the disciplinary action. The request shall be directed in writing to the commander of the private security section. The request shall state additional supporting facts in his/her defense and/or rebuttal of the board of police commissioner’s decision.
(A) The commander of the private security section may meet with the licensee and discuss his/her request for review and/or shall conduct a further investigation of the disciplinary case.
(B) The commander of the private security
section, within thirty (30) days of appeal, shall submit the appeal in a report to the board of police commissioners for final action.
(C) Judgments and decisions of the board concerning appeals in disciplinary matters are final and once the board has ruled, the matter is permanently closed.
(6) Disciplinary Action and/or Punishment.
(A) The board of police commissioners retains final authority in all disciplinary matters, including re-instruction, verbal reprimand, written reprimand, suspension, and revocation.
(B) Licensed private security personnel, whether on or off duty, are subject to disciplinary action for violations of these rules.
Offenses may include, but not be limited to, the following:
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Conviction of a felony, misdemeanor, or city ordinance;
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Intoxication or drinking on duty;
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Possession or illegal use of narcotic or potent drugs (controlled substance);
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Assumption of police authority when not on duty;
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Conduct contrary to the public peace and welfare;
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Interference with any police officer engaged in the performance of his/her duties;
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Overbearing or oppressive conduct during the performance of duty;
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Failure to obey a reasonable order by an officer of the St. Louis Metropolitan Police Department;
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Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;
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Failure to comply with the firearm restrictions, while traveling in either direction, without deviation between their residences and places of assignment by the most direct route (not to exceed one (1) hour);
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Carrying any weapon other than an approved .38 Special caliber revolver or an approved semi-automatic pistol while performing the duties of a private security officer, unless specifically exempted;
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Failure to have a weapon inspected by the department armorer and/or his/her designee, not having a record of this weapon on file with the private security section;
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Carrying more than one (1) authorized firearm on duty;
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Failure to wear a valid badge/identification card issued by this department on the breast of the outermost garment of security uniform, while on duty;
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Failure to have in possession a badge/identification card authorizing uniform exemption while working in civilian attire;
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Serving or acting as a licensed private security officer for any agency or business entity other than the one listed on his/her badge/identification card, except officers of the St. Louis County Police Department;
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Failure to conform to uniform requirements;
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Working as a licensed private security officer while under suspension;
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Carrying a firearm concealed or otherwise in civilian attire while purporting to be working security but not actually engaged in providing a bona fidesecurity function at the time;
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Carrying or using a firearm while performing the duties of a licensed private security officer when not firearms qualified;
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Any conduct constituting a breach of security or confidence;
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Neglect of duty;
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Failure to notify the private security
section when and if arrested on any charge;
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Failure to aid in prosecution;
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Defacing or altering the badge/identification card;
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Carrying unauthorized nonlethal weapons and/or protective devices;
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Using unnecessary force in effecting an arrest or discourteous treatment or verbal abuse of any person;
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Submitting a urine specimen which tests positive for controlled substances;
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Failure to maintain on file at the private security section a current address and telephone number;
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Failure to surrender badge/identification card to the private security section when license has been suspended;
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Failure to cooperate in an investigation conducted by the private security section;
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Identifying himself/herself as a police officer;
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Engaging in a vehicular pursuit; and 34. Failure to surrender weapon for testing and identification purposes.
(7) Categories of Discipline. The board of police commissioners retains final authority in all disciplinary matters, including reinstruction and firearms training, verbal reprimand, written reprimand, suspension, and revocation. Judgments and decisions of the board are final.
(8) Individuals who resign while under investigation will not be considered for a license in the future.
17 CSR 20-2.130 Uniform Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.130 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.130}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.135 Drug Testing {#sec-17-csr-20-2.135 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.135}
PURPOSE: By regulation, the St. Louis Board of Police Commissioners shall prescribe all individuals who apply for a certification as an armed officer or who wish to renew certification as an armed courier to submit to drug testing.
(1) Applicability. The following shall apply to all individuals seeking certification in any security category, including corporate security advisor, security officer, courier, as well as to all individuals seeking renewal or reinstatement of certification:
(A) Any individual seeking certification as an armed security officer, or any individual seeking reinstatement of certification, shall submit to urinalysis testing before certification is granted, renewed, or reinstated. This testing shall be for the purpose of determining the presence or absence of illegal drugs. Refusal to comply with this requirement shall result in the denial of certification, renewal of certification, or reinstatement of certification as an armed security offi cer, corporate security advisor, or courier, except as otherwise provided;
(B) If the results of an individual’s urinalysis test are positive, that is, indicative of the presence of illegal drugs in the sample, the following penalties shall apply:
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If the individual is an applicant for initial licensing, s/he shall be denied a license and shall not be permitted to reapply for a period of one (1) year;
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If the individual is an applicant for renewal of a license, his/her license shall be suspended and an investigation conducted.
The results of the investigation will be forwarded to the board of police commissioners.
The board may revoke a license for one (1) year based on a positive drug screen;
- If the individual is an applicant for reinstatement of license, reinstatement shall be denied for a period of one (1) year; and 4. A second positive drug test will permanently exclude the applicant from holding a security license;
(C) Urinalysis testing pursuant to this rule shall consist of a drug screen test and, if the test results are positive, a confirmatory test.
The drug screen test shall be the Enzyme Multiplied Immunoassay Test (EMIT) which detects the following:
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Marijuana (Cannabinoids THC);
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Phencyclidine (PCP);
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Amphetamines;
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Barbiturates;
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Cocaine;
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Propoxyphene;
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Opiates;
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Benzodiazepines; and 9. Methadone;
(D) The confirmatory testing method to be used shall be Gas Chromatography Mass Spectroscopy (GCMS). No applicant shall be denied a license, renewal of a license or reinstatement of a license on the basis of a positive result on the EMIT test, unless that result is first confirmed by GCMS;
(E) Samples for urinalysis testing shall be taken at the times and locations designated by the St. Louis Board of Police Commissioners 12CODE OF STATE REGULATIONS for this purpose. Samples shall be analyzed at a laboratory facility designated by the St.
Louis Board of Police Commissioners;
(F) The expense of the drug test shall be borne by the individual requesting an armed license or renewal as an armed security officer. All expenses associated with urinalysis testing shall be borne by the individual seeking the license, or reinstatement of a license as an armed security officer;
(G) A portion of each sample taken pursuant to this rule shall be preserved and, upon request, be made available to the applicant from whom it was taken for the purpose of contesting the results of the analysis performed pursuant to subsections (1)(C)–(E) of this rule. The expense of any analysis for the
purpose of contesting the results shall be borne entirely by the applicant. Procedures for contesting the results of a drug analysis shall be determined by the private security
section and made available on request; and (H) Any request made by an applicant for the preserved portion of a sample must be made within thirty (30) days of the applicant’s receipt of notification of denial of a license, renewal or reinstatement because of failure to pass urinalysis testing.
(2) Laboratory and Testing Procedures.
Security officers and couriers will use the laboratory under contract with the Board of Police Commissioners for collections and analyses of specimens. The testing laboratory will comply with all the provisions of this
regulation including the following:
(A) Examinee must not be permitted to bring any clothing or personal effects into the collection area;
(B) Laboratory facilities used for the collection of samples must be both sanitary and sterile (that is, free of discarded paper products from previous collections as well as all other debris of any type and free of any substances which could be used to alter a urine specimen);
(C) The collection process must include procedures to adequately insure:
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That the specimen is correctly identified as coming from the donor/examinee;
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That the specimen cannot be altered or tampered with after it has been collected;
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That there is a documented chain of custody with respect to the sample;
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That laboratory results are accurately identified with the particular specimen on which the analysis has been performed;
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That procedures are instituted to rule out a positive analysis based upon the presence of over-the-counter or prescription drugs in the urine of the examinee;
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That procedures are instituted to rule out positive analysis based upon the presence of contraband drugs in the urine which presence could have been derived in a manner other than by direct ingestion or intravenous injection; and 7. That procedures are instituted to insure the confidentiality of laboratory results and that positive results are made known only to those individuals, institutions, corporations, governmental agencies or other entities or their agents who have been granted the privilege of disclosure under the terms and conditions of these rules only for the purpose of carrying out the sole intent of this regulation;
(D) All laboratory results must bear the signature of an authorized representative of the testing facility;
(E) Laboratory results must be delivered via the collection agency’s computer and the printer housed at the Metropolitan Police Department, Private Security Section.
(F) The laboratory/collection site must have a litigation package which includes records that show:
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Chain of custody;
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Collaboration file;
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Screen results;
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Confirmation results; and 5. Chromatograms; and (G) The board of police commissioners or its designee reserves the right to approve any collection service, process, laboratory or procedure regarding drug testing procedures before any results will be recognized for the purposes of this rule.
Original rule filed April 16, 1990, effective June 28, 1990. Amended: Filed June 30, 1992, effective Feb. 26, 1993. Amended:
Filed Feb. 13, 2002, effective Aug. 30, 2002.
Amended: Filed May 14, 2008, effective Dec. 30, 2008.
17 CSR 20-2.140 Appearance of Licensed Watchman Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.140 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.140}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.150 Conduct Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.150 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.150}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.160 Punishable Offences Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.160 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.160}
Feb. 11, 1981. Rescinded: Filed April 8,
17 CSR 20-2.170 Disciplinary Suspensions Oct. 4, 1980, expired Jan. 12, 1981. {#sec-17-csr-20-2.170 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-2.170}
Feb. 11, 1981. Rescinded: Filed April 8,
Chapter 3 Rules of Couriers
17 CSR 20-3.015 Administration and Command of the Private Security Section {#sec-17-csr-20-3.015 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.015}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving or acting as such, in St. Louis. These rules establish procedures, training, requirements, and license fees for those persons so employed in the security field.
(1) Board of Police Commissioners. The St.
Louis Board of Police Commissioners (also referred to as the board) is established by state statute and consists of five (5) members, four (4) of whom are appointed by the governor. The Mayor of the City of St. Louis serves ex officio. The board has sole charge and control of the Metropolitan Police Department of the City of St. Louis and of the licensing, regulation, and discipline of all corporate security advisors, private security officers, private watchmen, and couriers in the City of St. Louis. Private detectives are licensed by the State of Missouri, not by the board of police commissioners.
(2) Private Security Section. The private security section is responsible for the interviewing, investigating, processing, licensing, inspection, and supervision of all persons working or acting as licensed couriers or any other variety of titles in the City of St. Louis.
The private security section is further responsible for issuing and transferring all such licenses, for reinstatements, for periodic inspection of license holders, for liaison with all suppliers of security personnel in the city, and for maintenance of a personnel file on all applicants in the City of St. Louis.
(3) Private Security Personnel. The St. Louis Metropolitan Police Department private security program has four (4) distinct classifications of personnel. A definition of each classification is listed as follows:
(A) Corporate security advisor. A person employed to provide all services rendered by a private security officer, as well as other specialized corporate security services related to the protection of his/her employer’s/principal’s resources and personnel. A licensed corporate security advisor may carry a firearm and protective devices in accordance with the guidelines established in these rules. S/he shall be authorized to exercise the same police powers granted to private security officers while on his/her employer’s/principal’s proper ty. However, the corporate security advisor’s power and authority shall not be restricted to that property, but shall be coextensive with the geographic limits of the City of St. Louis and St. Louis County (as defined in 17 CSR 20-5.065);
(B) Private security officer. A person employed with certain police powers (as defined in 17 CSR 20-2.065) to protect life or property on or in designated premises.
The private security officer’s powers exist only within the established property owned or leased by the contracting employer and to incidents occurring on the premises. The private security officer may carry a firearm providing this individual is qualified (as defined in 17 CSR 20-2.055). Authorization to carry a firearm is designated on the badge/identification (ID) card. The private security officer, whether armed or unarmed, may carry a baton, nightstick, pepper mace, and handcuffs after training requirements have been satisfied;
(C) Courier. A person employed to carry out the assignment of protecting and transporting property from one (1) designated area to another. The person shall be in an approved company uniform. The courier has no power of arrest. The courier may carry a firearm provided this individual is qualified (as defined in 17 CSR 20-3.055), which is designated on the badge/ID card; and (D) Private watchman. A person employed without police powers and without authorization to carry weapons or protective devices.
This individual will perform the tasks of observation and reporting on or in a licensed premise or designated area. This may include patrolling the public street. The private watchman shall be in an approved company uniform. The private watchman has no power of arrest. Note: The private watchman will only be allowed to obtain additional licenses in the private watchman classification.
17 CSR 20-3.025 Definitions {#sec-17-csr-20-3.025 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.025}
PURPOSE: This rule standardizes the common terms unique to the private security field. The definitions will be the accepted interpretation for these prescribed rules.
(1) Applicant—A person who applies for a courier license.
(2) Badge/identification (ID) card—A card that is issued to security personnel bearing a picture of and information about the person to whom the card is issued.
(3) Cancellation—The inactivation of a license at the request of an employer.
(4) Firearm—Approved double-action .38 Special caliber revolver or double-action only semi-automatic pistol in 9mm Luger caliber only.
(5) License—The document which is issued to each of the licensed security personnel by the board of police commissioners authorizing the holder to perform specific security duties in the City of St. Louis as designated by the license. The “Metro” license currently issued allows the holder to perform security duties in the City of St. Louis and St.
Louis County.
(6) Protective devices—The only approved instruments used for personal protection are baton, nightstick, and pepper mace. Training is required before these items may be carried on duty.
(7) Resignation—The voluntary inactivation of a security license by the individual holding that license.
(8) Revocation—The permanent inactivation of a license by the board of police commissioners in accordance with the rules and procedures set out herein.
(9) Suspension—The temporary inactivation of a license pending an administrative investigation determined by the board of police commissioners.
(10) Termination—The inactivation of a license through resignation, cancellation, expiration, or revocation.
(11) Weapons—Instruments used as protective devices, as listed in section (6), including a firearm, baton, nightstick, and pepper mace.
17 CSR 20-3.035 Licensing {#sec-17-csr-20-3.035 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.035}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving or acting as such, in St. Louis. These rules establish procedures, training requirements, and license fees for those persons so employed in this industry.
(1) General Procedures. Each applicant must appear in person at the office of the private security section. Each applicant must complete an application form. S/he must provide all information requested in the application for a determination of his/her qualifications to hold a license as a courier. Each applicant must present a current letter (no older than ten (10) days) from the intended employer, where the proposed employer states an intention to hire the applicant. Prior to an application being processed by the private security
section, a criminal history inquiry will be made through the St. Louis Police Department’s computer terminal. If the inquiry reveals that the applicant has an open criminal arrest record, s/he will be required to obtain a certified final court disposition or a report from a circuit or prosecuting attorney.
If the case is still open, the application process will not be completed until a final disposition is obtained.
(2) Standards. Each applicant for a license to work as a courier in the City of St. Louis shall meet the standards set by the board of police commissioners, which require that an applicant— (A) Be a citizen of the United States, or legal resident-alien permitted to work in this country;
(B) Be at least twenty-one (21) years of age;
(C) Be able to read, write, and understand the English language;
(D) Meet physical and mental standards established by the board of police commissioners;
(E) Not be licensed as a courier and private investigator/detective at the same time;
(F) Be capable of understanding and performing the duties and responsibilities of a licensed courier within the scope of departmental policies and procedures;
(G) Must be in possession of an Honorable Discharge or a General Discharge Under Honorable Conditions, if s/he has served time on active or reserve duty in any of the Armed Forces of the United States. An Undesirable Discharge, a Discharge Under Dishonorable Conditions, or a Discharge Other Than Honorable Conditions will disqualify the applicant;
(H) Be of good moral character;
(I) Have no felony convictions;
(J) Be able to pass a character investigation by this department as indicated through a criminal record check;
(K) Satisfactorily complete the training program prescribed by the board of police commissioners;
(L) Pass a written examination based on the information given in the training course;
(M) Never have had a security license revoked or denied by another jurisdiction for a criminal law violation;
(N) Not withhold any information which would determine fitness relevant to being licensed as a courier; and (O) Be free of any type of chemical dependency.
(3) Issuance/Denial of License. When an applicant has successfully completed the requirements set by the board of police commissioners, the board will issue a license. An applicant may be denied a license for any of the following reasons:
(A) Failure to meet the standards in section (2);
(B) Falsifying information on any of the forms provided by the private security section to establish eligibility. Applicants who falsify those documents shall be ineligible to receive a courier license and cannot reapply for at least six (6) months from the date the false information was submitted;
(C) Failure to provide whatever additional information is deemed necessary in order to establish eligibility;
(D) The references, employment background records, or both, indicate a poor or unsatisfactory character or work record;
(E) Any facts or actions which make the applicant unsuitable or ineligible for licensing;
(F) Resigned under investigation, resigned under charges, or was discharged from any police force;
(G) Has been denied a security license by any agency; and (H) The employer is not in good standing with the board of police commissioners.
(4) Notification of License Denial. Applicants and their employers, in event of license denial, will be given a written notification.
Specific reasons will be given to an applicant who appears in person at the office of the private security section. Applicants may appeal, in writing, to the board of police commissioners within thirty (30) days of denial notification. The appeal should contain a brief rebuttal of the reasons for denial. The board of police commissioners will then notify the applicant, in writing, of its final decision in the matter.
(5) Restricted License. The board of police commissioners reserves the right to prohibit the holder of a license from carrying any firearms. Any such prohibition will be noted on his/her badge/identification (ID) card.
(6) Temporary License. If an applicant appears to meet the standards for licensing, the commander of the private security section may issue a temporary license. This permits the applicant to work until a formal license is issued by the board.
(A) While working under a temporary license, the holder may not have a firearm or protective device upon or about his/her person.
(B) A holder of a temporary badge/ID card must wear the card at the breast of the outermost garment while on duty and must be attired in an approved military style uniform.
(C) A holder of a temporary license who transfers employment to another agency must return his/her temporary badge/ID card to the private security section for issuance of a new badge/ID card.
(D) A holder of a temporary license must return the temporary badge/ID card to the private security section at the time the formal license is issued.
(7) Secondary Employment License.
(A) Additional licenses may be approved by the board of police commissioners and issued by the private security section to a courier who wishes to work for more than one (1) employer. A courier desiring additional licenses must present a letter of intent to hire from the secondary employer(s) and pay the fee required for the additional license(s).
(B) A St. Louis Police Department comapplying for a secondary license. If this inquiry reveals an open arrest record within the previous year, s/he will be required to obtain a certified copy of the final court disposition or a report from the circuit or prosecuting attorney. If the case is still open, the secondary license process will not be completed until final disposition is obtained.
(8) License Renewals. A courier’s license is valid for one (1) year from date of issue, and it must be renewed in the month it expires.
(A) A St. Louis Police Department comrenewing his/her license. If this inquiry 4CODE OF STATE REGULATIONS a report from a circuit or prosecuting attorney. If the case is still open, the renewal (B) A courier wishing to renew his/her license must report to the private security
section in the month the license expires, bringing— 1. The license which is about to expire;
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A letter from his/her employer requesting renewal;
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The badge/ID card; and 4. The fee for the renewal.
(C) If firearms-qualified, the courier wishing to receive a license must schedule for requalification through an approved firearms course. The courier must also submit a urine specimen for drug testing according to the provisions of these rules and regulations, unless otherwise exempt.
(D) A license not renewed during the month it was issued automatically expires on the last day of the month unless the holder has applied to the commander of the private security section and received an extension of time. Such extension will be noted with a sticker on the license. This sticker will indicate the adjusted expiration date of the license.
(9) License Transfer. A license holder may work only for the company, agency, or business entity named on the license. A license holder who changes employers must make sure that the new employer is named on the license. In order to transfer a license from one (1) employer to another, the license holder must appear in person at the private security section and— (A) Bring a current dated letter (no more than ten (10) days prior to application) from the new employer, addressed to the board of police commissioners, outlining the duties of the new job and requesting the transfer of license;
(B) Bring in license and badge/ID card;
(C) Pay the fee established for processing transfers;
(D) The license holder will receive a new badge/ID card and license to the new company; and (E) A St. Louis Police Department comtransferring his/her license. If this inquiry a report from the circuit or prosecuting attorney. If the case is still open, the transfer (10) License Reinstatements. A licensed courier who resigns may apply for reinstatement of his/her license under the following requirements and procedures:
(A) Application must be made within three (3) months of the resignation date;
(B) The applicant must have resigned while his/her license was in good standing;
(C) The applicant must appear at the private security section with a currently dated letter from an employer requesting reinstatement;
(D) The applicant should pay the fee established for processing license reinstatements;
(E) A St. Louis Police Department’s comreinstating his/her license. If this inquiry a report from the circuit or prosecuting attorney. If the case is still open, the reinstatement
17 CSR 20-3.045 Personnel Records and Fees {#sec-17-csr-20-3.045 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.045}
PURPOSE: This rule indicates which records must be maintained for licensed security personnel and the establishment of fees.
(1) Personnel Records. The private security
section will maintain the personal records of each license holder. This record, and all information pertaining to the individual, shall be the property of the private security section. Applicants and license holders are personally responsible for immediately notifying the private security section of any change in name, address, telephone number or employer.
(2) Fees. The board of police commissioners will establish, from time-to-time, a set of fees for various services provided by the private security section. The schedule of fees is posted in the private security section office. No fees will be refunded for any reason after the date of application and must be paid in full at the time of application.
17 CSR 20-3.055 Training {#sec-17-csr-20-3.055 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.055}
PURPOSE: This rule requires candidates for licensing to attend training classes.
Applicants who have been approved for licensing by the board of police commissioners are required to attend and complete a program of basic training.
(1) Exemptions. Full-time state-certified police officers and retired St. Louis City police officers shall be exempt from basic classroom training requirements, but must still complete firearms training requirements.
All other applicants shall be required to complete basic classroom training and firearms training.
(2) Length and Content. The training period consists of four (4) hours. Classroom activities consist of selected security subjects and departmental regulations.
(3) Absences. Candidates for licensing who remain away unexcused from any class sessions may be disqualified or required to arrange attendance at a future class.
(4) Final Test. Each applicant must take a written test on the subject matter presented in class and must attain a passing score of at least seventy percent (70%).
(A) Applicants who fail to achieve a seventy percent (70%) score will be allowed to take one (1) make-up test.
(B) The applicant will be supplied with all training materials and allowed to take the basic class in thirty (30) days at his/her expense. Upon successful completion of the subsequent training and test, the applicant will be issued a license.
(C) A second failure will cause the applicant to be ineligible for licensing.
(5) Firearms Qualification. On the firing range an applicant must display the ability to safely and properly handle his/her firearm and must achieve a score at or above the standard established by the board of police commissioners.
(A) An applicant who displays an inability to handle a firearm safely and properly will be disqualified from carrying a firearm.
(B) An applicant who does not attain the minimum score on the firing range will not be issued an armed license.
(6) Unarmed Courier License. An applicant who does not wish to have an armed license or who cannot attain the minimum required score on the firing range may be issued a restricted license allowing him/her to work as an unarmed licensed courier.
(7) Training Fee. A nonrefundable training fee established by the board of police commissioners must be paid before an applicant is enrolled in a training session.
(8) Oath or Affirmation. Prior to issuance of his/her license, the applicant must swear or affirm the following:
I DO SOLEMNLY SWEAR OR AFFIRM that I am a citizen of the United States, or a legal resident alien, that I will faithfully support the Constitution of the United States, the Constitution and Laws of the State of Missouri, and the Charter and City Ordinances of the City of St. Louis; that I have never been convicted of a felony; that I have no physical or mental disability or habit that disqualifies me from performing the duties of a courier; that I will wear such dress, badge/ID card or emblem as the Board of Police Commissioners from time-to-time may designate; that I will, to the best of my skill and ability, diligently and faithfully, without partiality or prejudice, discharge my duties according to theConstitution and Laws of the State of Missouriand Charter and Ordinances of the City of St. Louis; that I will strictly obey all lawful orders and regulations of the Board of Police Commissioners of the City of St. Louis, the Chief of Police, or any officer placed by them over me; that I will not cease to perform my duties until my resignation is accepted by the Board of Police Commissioners; that I will not become a member of, or affiliate myself with, any organization of any kind or character whatsoever, membership in which will or may impose upon me obligations inconsistent with the full performance of my duties as a Courier, or inconsistent with the oath herein taken to carry out the orders of the Board of Police Commissioners and to comply with its lawful orders, rules, and regulations, or which will or may, in any degree interfere with the performance of my duties as a licensed Courier.
17 CSR 20-3.065 Authority {#sec-17-csr-20-3.065 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.065}
PURPOSE: This rule establishes the rights of a licensed courier. These rights are in effect only while the licensed courier is performing his/her duty of protecting and transporting property from one designated area to another.
(1) Authority. The licensed courier has the
(A) The courier has the authority to conduct his/her activity on the public thoroughfares of the City of St. Louis and St. Louis County;
(B) While performing this activity, s/he must be in a military style uniform; and (C) If firearms-qualified, s/he must wear an exposed weapon as defined in 17 CSR 20- 3.105.
History
- authority to bear a firearm during the time s/he is assigned to protect and transport property from one (1) designated area to another.
17 CSR 20-3.075 Duties {#sec-17-csr-20-3.075 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.075}
PURPOSE: This rule states private couriers are expected to perform certain duties. They have responsibilities to their employers as well as the citizens of St. Louis. The courier also has the duty to assist and cooperate with the St. Louis police officers.
(1) Duties. It is the duty of every licensed courier to— (A) Observe and obey these regulations and to obey all lawful orders of any commissioned St. Louis police officer in all matters involving the need for police services;
(B) Cooperate with St. Louis police officers in the performance of their duties.
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In any situation where police are present, the judgment of the St. Louis Metropolitan Police on-duty police officer(s) shall prevail. They are responsible for the proper handling and reporting of the incident in accordance with departmental policies;
-
Failure to cooperate with a St. Louis police officer may be cause for disciplinary action against a licensed courier; and 3. Failure to assist a law enforcement agency or to aid in prosecution of a crime may be cause for disciplinary action against a courier; and (C) Notify the St. Louis Police Department when an incident has involved a courier. To furnish all pertinent facts and evidence to any police officer(s). A report of the incident will then be made by the police in the same manner as in other arrests.
17 CSR 20-3.085 Uniforms {#sec-17-csr-20-3.085 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.085}
PURPOSE: This rule prescribes the uniforms to be worn by licensed couriers.
(1) The board of police commissioners ruled that by January 1, 1990, no courier uniforms will resemble those of the St. Louis police officers. The light blue shirt with dark blue jacket and trousers will not be duplicated. In addition, a company shoulder patch will be mandatory on all shirts, coats, and jackets of private security personnel.
(2) All couriers should be aware of the following guidelines:
(A) All couriers are required to wear an approved company uniform which, at a minimum, shall consist of trousers or skirt and shirt or blouse;
(B) All couriers wearing blue uniform trousers or skirts, shirts or blouses, and jackets similar to those worn by the St. Louis Police Department must have their company shoulder patch affixed to either the left or right sleeve, approximately one inch (1") below the shoulder seam, clearly distinguishing them from a St. Louis police officer;
(C) The badge/identification card issued by the private security section of the St. Louis Metropolitan Police Department will be worn on the breast of the outermost garment while on duty and performing a bona fide security function for an employer;
(D) Security personnel may wear a company badge or emblem as devised by their employer. These badges and emblems bear the name of the employer and identify the individual as a courier. The word “police” will not be used on the badge or emblem;
(E) A company shoulder patch may be worn on either the right or left sleeve approximately one inch (1") below the shoulder seam;
(F) No buttons, insignia, or decoration which are marked in any way with the St.
Louis Metropolitan Police Department imprint may be worn by licensed couriers;
6CODE OF STATE REGULATIONS
(G) The use of company vehicles for security purposes must conform with the established rules governed under city ordinance.
The word “police” will not be displayed on the vehicles.
17 CSR 20-3.095 Equipment Commissioners issues equipment to the licensed couriers. This equipment remains the property of the police department and the courier is responsible for its maintenance and care. {#sec-17-csr-20-3.095 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.095}
(1) Equipment Issue. At the conclusion of the training period and upon final approval by the board of police commissioners, each courier shall receive from the private security section one (1) badge/identification (ID) card and one (1) courier’s manual. These items are, and remain, departmental property. They must be returned to the private security section by any courier who resigns, is suspended, or has his/her license revoked.
(2) Equipment Responsibility. During employment, it is the responsibility of the courier to care for and safeguard this departmental property.
(A) After the cost has been determined all issued items of departmental property lost, stolen, damaged, or destroyed must be replaced by the licensee.
(B) The loss of any item must be immediately reported to the private security section.
No formal police report is required. The courier then becomes responsible for appearing at the private security section to obtain and pay for a replacement.
(C) Careless handling of departmental property may be subject to disciplinary action.
(3) Badge/ID Card. The badge/ID card which is issued by the private security section to a licensed courier is an easily recognized symbol of authority and responsibility.
(A) The badge/ID card, which is stamped with an issue date and an expiration date, will also state whether the holder may be armed or must work unarmed.
(B) This badge/ID card must be worn over the breast on the outermost garment in plain view. It must be returned to the private security section upon resignation, suspension, cancellation, or revocation of the license.
(C) Tampering, defacing, or altering of this card is subject to disciplinary action or revocation.
17 CSR 20-3.105 Weapons Commissioners authorizes a courier to carry a firearm in the performance of his/her duties. There are limitations and responsibilities as indicated. {#sec-17-csr-20-3.105 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.105}
(1) Limitations On Carrying Weapon. A courier licensed by the St. Louis Board of Police Commissioners may be permitted to carry on his/her person an authorized firearm while traveling in either direction by the most direct route (without deviation, not to exceed one (1) hour, or both) between his/her residence and place of assignment; provided, s/he is— (A) In uniform;
(B) Firearms-qualified; and (C) Wearing a valid badge/identification card issued by this department.
(2) Couriers who are authorized to carry their firearms to and from their place of residence have no authority to use their firearms during that travel period.
(3) The authorization to carry a firearm may be revoked if a courier discharges or uses his/her firearm and it is determined to be unjustified. Each incident will be decided on a case-by-case basis with the circumstances surrounding the use being the primary factors under consideration.
(4) Inspection and Registration. All firearms used by private couriers must be inspected by the department armorer or his/her designee and must be registered and on file in the private security section. Armed couriers may only use a duty weapon which is either personally owned by them or owned by their agency.
(A) Only one (1) approved firearm may be carried on duty.
(B) Couriers must carry a double action .38 Special caliber revolver or a 9mm Luger (9x19) caliber semi-automatic pistol. The carrying of any other caliber weapon, including derringers, .357 Magnums, and shotguns, is prohibited. Only factory loaded, commercially available ammunition may be carried.
EXCEPTION: Couriers employed by an armored car service company, while protecting and transporting property from one (1) designated area to another, may carry a .38 Special caliber revolver or a semi-automatic pistol in either 9mm Luger or .40 caliber Smith & Wesson, double-action only.
(C) The firearm shall be exposed and worn on a belt at the waist on the side of the dominant hand. No other methods, such as a shoulder holster, ankle holster, and the like, shall be permitted.
(D) Couriers are required to annually requalify with their firearms during the month of license renewal and at six- (6-) month intervals.
(5) Discharge of Firearms. A courier may not discharge a firearm in the performance of his/her duties (other than for practice or training at a firing range or similar authorized location) except when reasonably necessary to protect him/herself or another from death or serious physical harm. Note: Couriers are not permitted to discharge their weapons to destroy an injured or dangerous animal unless their safety or the safety of a third party is directly threatened.
(6) Shots Fired Report. A courier, upon firing his/her weapon, shall notify the nearest police district and have an official police report prepared. The reporting officer will see that a copy of the police report is forwarded to the commander of the private security section.
(7) Safety First Rules for Gun Handling. The licensed courier is responsible at all times for his/her weapon whether in or out of his/her possession. The following rules must be learned and obeyed:
(A) All weapons must be treated with caution and respect due a loaded gun. Most accidents occur with a weapon thought to be unloaded;
(B) The weapon should be checked for ammunition each time it is handled;
(C) The barrel and action must be clear of obstruction before using the weapon;
(D) The weapon must be kept in good working condition;
(E) The weapon should not be drawn or pointed at any person unless the situation justifies this action;
(F) When the weapon is unattended, it must be safe from children and curious people;
(G) Ammunition carried on duty must be new factory-service ammunition. No reloads or wad cutter ammunition is permitted; and (H) Under no circumstances is a weapon, whether loaded or unloaded, to be stored in a vehicle.
(8) Nonlethal Weapons. Couriers may only carry the following non-lethal defensive weapons or equipment:
(A) Pepper mace (o.c. spray), after completion of approved training;
(B) Handcuffs, after completion of approved training;
(C) Metal baton not more than twenty-six inches (26") long when fully extended and not weighing more than twenty-one (21) ounces, after completion of approved training; and (D) Wooden nightstick not more than twenty-six inches (26") long and not weighing more than twenty-one (21) ounces, after completion of approved training. Note: Private security officers, couriers, and corporate security advisors will only be authorized to carry an impact weapon after they have received training by a board-approved instructor. It is the responsibility of the employer to provide board-approved training in the proper use of this equipment. An agency has the right to determine which of these items may be carried by its licensed security employees.
17 CSR 20-3.115 Field Inspection Commissioners has delegated to the members of the St. Louis Metropolitan Police Department the responsibility for the inspection of licensed couriers. {#sec-17-csr-20-3.115 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.115}
(1) Standards of Conduct. Couriers are required to conduct themselves at all times in a manner reflecting the highest standards of professional behavior. Any conduct on the
part of a courier which, in the judgment of a commissioned officer of this department, may be harmful to the good order, discipline, or reputation of this department, or which may involve the integrity of this department, may be punished by oral or written reprimand, suspension for a designated period of time, or permanent revocation of license.
(2) Field Inspections. All couriers are subject to inspection by officers from the St. Louis Metropolitan Police Department. The purpose of this inspection is to insure that the license-holder has been in compliance with the provisions of this rule. This inspection will determine that the license holder— (A) Has in his/her possession a proper badge/identification (ID) card issued by the St. Louis Board of Police Commissioners;
(B) Is wearing a full uniform when carrying an exposed firearm; and (C) Has not disregarded or deviated from the manual.
(3) Failure to Cooperate. Failure by any license holder to cooperate with a commissioned member of the St. Louis Police Department or with personnel assigned to the private security section in the inspection procedures will constitute grounds for disciplinary action.
(4) Arrest of License Holder. During an inspection, if a license holder is arrested for a felony, a misdemeanor, or an infraction involving moral turpitude or license violation, the holder’s badge/ID card will be seized and forwarded to the private security
section of the St. Louis Police Department with a copy of the arrest report. The license holder is to be informed that s/he is suspended and not to continue to work until the matter is resolved by the private security section.
If arrested for a felony violation, a formal suspension number will be obtained in the normal manner. The private security section will conduct any necessary investigation or make notification to the jurisdictional agency. 17 CRS 20-3.125 Complaint/Disciplinary Procedures Commissioners has established rules of conduct and the procedures for the investigation of and the discipline for breaches of these rules.
(1) Complaints. Investigation of complaints against licensed couriers will be handled by the private security section. The results of the investigation will be forwarded in the form of a report with recommendations through the chain of command to the board of police commissioners. The board will render a judgment concerning disciplinary action. The individual concerned, and his/her employer, will be informed by the private security section of all decisions made by the board of police commissioners.
(2) Reprimands. In instances of misconduct not sufficiently serious to merit suspension or revocation of a license the license holder may be reprimanded orally or in writing. Any violation of the provisions in these rules may be grounds for a reprimand. Reprimands will be a factor considered upon a licensee’s application for a renewal of license or upon the occasion of any later disciplinary action. There is no appeal from a reprimand.
(3) Suspension. In instances where a courier is arrested for a felony or serious misdemeanor, the commander or watch commander of the district or any officer acting in that capacity will suspend the courier.
(A) In instances where a courier is arrested for a crime or ordinance violation, not a felony and depending on the situation, the commander or watch commander of the district or any officer acting in that capacity has the choice of suspending the courier or contacting the commander of the private security
section, who will determine whether or not the courier is to be suspended. If unable to contact the commander of the private security section, the report of the incident will be forwarded to the private security section at the earliest opportunity.
(B) Whenever a licensed courier is suspended it will be required that the courier surrender his/her badge/identification (ID) card until a decision is made for its return by the commander of the private security section or a disposition is rendered by the board of police commissioners.
(C) Where no warrant is issued, no cause for discipline is apparent, or both, the courier’s return to duty is to be determined by the commander of the private security section.
(4) Revocations. A license may be revoked by order of the board of police commissioners for any violations of the rules.
(5) Notification/Appeal. Whenever the license of a courier is suspended or revoked by the board of police commissioners, the private security section shall notify the licensee in writing of the action. This notice will be mailed to his/her last address of record. The licensee shall have ten (10) days from the date 8CODE OF STATE REGULATIONS of posting notice to request a review of the disciplinary action. The request shall be directed in writing to the commander of the private security section. The request shall state additional supporting facts in his/her defense, rebuttal of the board of police commissioner’s decision, or both.
(A) The commander of the private security section may meet with the licensee and discuss his/her request for review, shall conduct a further investigation of the disciplinary case, or both.
(B) The commander, within thirty (30) days of appeal, shall submit the appeal in a report to the board of police commissioners for final action.
(C) Judgments and decisions of the board concerning appeals in disciplinary matters are final, and once the board has ruled, the matter is permanently closed.
(6) Disciplinary Action, Punishment, or Both.
(A) The board of police commissioners retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension, and revocation.
(B) Licensed couriers, whether on or off duty, are subject to disciplinary action for violations of these rules. Offenses may include, but not be limited to, the following:
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Conviction of a felony, misdemeanor, or city ordinance;
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Intoxication or drinking on duty;
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Possession or illegal use of narcotic or potent drugs (controlled substance);
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Assumption of police authority when not on duty;
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Conduct contrary to the public peace and welfare;
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Interference with any police officer engaged in the performance of his/her duties;
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Overbearing or oppressive conduct during the performance of duty;
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Failure to obey a reasonable order by an officer of the St. Louis Metropolitan Police Department;
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Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;
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Failure to comply with the restrictions of a firearm, while traveling in either direction, without deviation between their residences and places of assignment by the most direct route (not to exceed one (1) hour);
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Carrying any weapon other than an approved firearm while performing the duties of a courier;
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Failure to have a weapon inspected by the department armorer or his/her designee, not having a record of this weapon on file with the private security section, or both;
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Carrying more than one (1) authorized firearm on duty;
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Failure to wear a valid badge/ID card issued by this department on the breast of the outermost garment of courier uniform while on duty;
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Serving or acting as a licensed courier for any agency or other business entity other than the one listed on his/her badge/ID card;
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Failure to conform to uniform requirements;
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Working as a licensed courier while under suspension;
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Carrying or using a firearm while performing the duties of a licensed courier when not firearms-qualified;
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Any conduct constituting a breach of security or confidence;
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Neglect of duty;
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Failure to notify the private security
section when and if arrested on any charge;
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Failure to aid in prosecution;
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Defacing or altering the badge/ID card;
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Carrying unauthorized nonlethal weapons, protective devices, or both;
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Submitting a urine specimen which tests positive for controlled substances;
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Failure to maintain on file at the private security section a current address and telephone number;
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Failure to surrender badge/ID card to the private security section when license has been suspended;
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Failure to cooperate in an investigation conducted by the private security section;
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Identifying himself/herself as a police officer; and 30. Engaging in a vehicular pursuit.
(7) Categories of Discipline. The board of police commissioners retains final authority in all disciplinary matters, including reinstruction and firearms-training, verbal reprimand, written reprimand, suspension, and revocation. Judgments and decisions of the board are final.
(8) Individuals who resign while under investigation will not be considered for a license in the future.
17 CSR 20-3.135 Drug Testing {#sec-17-csr-20-3.135 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-3.135}
PURPOSE: By regulation, the St. Louis Board of Police Commissioners shall prescribe all individuals who apply for a certification as an armed courier or who wish to renew certification as a courier to submit to drug testing.
(1) Applicability. The following shall apply to all individuals seeking certification in any category of armed courier, as well as to all individuals seeking renewal or reinstatements of certification:
(A) Any individual seeking certification as an armed courier or any individual seeking reinstatement of certification shall submit to urinalysis testing before certification is granted, renewed, or reinstated. This testing shall be for the purpose of determining the presence or absence of illegal drugs. Refusal to comply with this requirement shall result in the denial of certification, renewal of certification, or reinstatement of certification as an armed courier;
(B) If the results of an individual’s urinalysis test are positive, that is indicative of the presence of illegal drugs in the sample, the following penalties shall apply:
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If the individual is an applicant for initial certification, s/he shall be denied certification and shall not be permitted to reapply for a period of one (1) year;
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If the individual is an applicant for renewal of certification, his/her certification shall be suspended and an investigation conducted. The results of the investigation will be forwarded to the board of police commissioners. The board may revoke a license for one (1) year based on a positive drug test;
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If the individual is an applicant for reinstatement of certification, reinstatement shall be denied for a period of one (1) year;
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A second positive drug test will permanently exclude the individual from holding a courier license;
(C) Urinalysis testing pursuant to this rule shall consist of a drug screen test and, if the test results are positive, a confirmatory test.
The drug screen test shall be the Enzyme Multiplied Immunoassay Test (EMIT) which detects the following:
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Marijuana (Cannabinoids THC);
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Phencyclidine (PCP);
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Amphetamines;
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Barbiturates;
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Cocaine;
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Propoxyphene;
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Opiates;
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Benzodiazepines;
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Methadone; and 10. Methaqualone;
(D) The confirmatory testing method to be used shall be Gas Chromatography Mass Spectroscopy (GCMS). No applicant shall be denied certification, renewal of certification, or reinstatement of certification on the basis of a positive result on the EMIT test, unless that result is first confirmed by GCMS;
(E) Samples for urinalysis testing shall be taken at the times and locations designated by the St. Louis Board of Police Commissioners for this purpose. Samples shall be analyzed at a laboratory facility designated by the St.
Louis Board of Police Commissioners;
(F) The expense of the drug test shall be borne by the individual requesting armed certification or renewal as an armed courier. All expenses associated with urinalysis testing shall be borne by the individual seeking certification, renewal of certification, or reinstatement of certification as an armed courier;
(G) A portion of each sample taken pursuant to this rule shall be preserved and upon request to be made available to the applicant from whom it was taken for the purpose of contesting the results of the analysis performed pursuant to subsections (1)(C)–(E) of this rule. The expenses of any analysis made by an applicant for the purpose of contesting the results shall be borne entirely by the applicant; and (H) Any request made by an applicant for the preserved portion of a sample must be made within thirty (30) days of the applicant’s receipt of notification of denial of certification, renewal, or reinstatement because of failure to pass urinalysis testing.
(2) Laboratory and Testing Procedures.
Couriers will use the laboratory under contract with the board of police commissioners for collections and analysis of specimens.
The testing laboratory will comply with all the provisions of this regulation including the following:
(A) Examinee must not be permitted to bring any clothing or personal effects into the collection area;
(B) Laboratory facilities used for the collection of samples must be both sanitary and sterile (that is, free of discarded paper products from previous collections as well as all other debris of any type and free of any substances which could be used to alter a urine specimen);
(C) The collection process must include procedures to adequately insure:
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That the specimen is correctly identified as coming from the donor/examinee;
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That the specimen cannot be altered or tampered with after it has been collected;
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That there is a documented chain of custody with respect to the sample;
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That laboratory results are accurately identified with the particular specimen on which the analysis has been performed;
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That procedures are instituted to rule out a positive analysis based upon the presence of over-the-counter or prescription drugs in the urine of the examinee;
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That procedures are instituted to rule out positive analysis based upon the presence of contraband drugs in the urine which presence could have been derived in a manner other than by direct ingestion or intravenous injection; and 7. That procedures are instituted to insure the confidentiality of laboratory results and that positive results are made known only to those individuals, institutions, corporations, governmental agencies, or other entities or their agents who have been granted the privilege of disclosure under the terms and conditions of this agreement only for the purpose of carrying out the sole intent of this
rule;
(D) All laboratory results must bear the signature of an authorized representative of the testing facility;
(E) Laboratory results must be delivered via fax from Quest Diagnostics or by inquiry of the Quest Diagnostics Integrated Solutions online system;
(F) The laboratory/collection site must have a litigation package which includes records that show:
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Chain of custody;
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Collaboration file;
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Screen results;
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Confirmation results; and 5. Chromatograms; and (G) The board of police commissioners or its designee reserves the right to approve any collection service, process, laboratory, or procedure regarding drug testing procedures before any results will be recognized for the purposes of this rule.
Original rule filed April 16, 1990, effective June 28, 1990. Amended: Filed June 30, 1992, effective Feb. 26, 1993. Amended:
Filed April 28, 2010, effective Oct. 30, 2010.
10CODE OF STATE REGULATIONS
Chapter 4 Rules for Private Watchmen
17 CSR 20-4.015 Administration and Command of the Private Security Section {#sec-17-csr-20-4.015 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.015}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving or acting as such, in St. Louis. These rules establish procedures, training, requirements and license fees for those persons so employed in the security field.
(1) Board of Police Commissioners. The St.
Louis Board of Police Commissioners (also referred to as the board) is established by state statute and consists of five (5) members, four (4) of whom are appointed by the governor. The mayor of the City of St. Louis serves ex officio. The board has sole charge and control of the metropolitan police department of the City of St. Louis and of the licensing,
regulation and discipline of all private security officers, private watchmen and couriers in the City of St. Louis. Private detectives are licensed by the license collectorís office of the City of St. Louis, not by the board of police commissioners. The board relegated that responsibility to the city license collectorís office.
(2) Private Security Section. The private security section is responsible for the interviewing, investigating, processing, licensing, inspecting and supervising of all persons working or acting as licensed private watchmen or any other variety of titles in the City of St. Louis. The private security section is further responsible for issuing and transferring all such licenses, for reinstatements, for periodic inspection of license holders, for liaison with all suppliers of security personnel in the city, for maintenance of a personnel file on all applicants in the City of St.
Louis and for publishing, within the department, information of all terminations of employment of security personnel. The private security section also conducts background investigations on private detective/investigator applicants as requested by the license collectorís office. The decision to issue a license is made by the license collectorís office.
(3) Private Security Personnel. The St. Louis Metropolitan Police Department private security program has three (3) distinct classifications of personnel. A definition of each classification is listed as follows:
(A) Private security officer. A person employed with certain police powers (as defined in 17 CSR 20-4.065) to protect life or property on or in designated premises. The private security officerís powers exist only within the established property owned or leased by the contracting employer and to incidents occurring on the premises. The private security officer may carry a firearm providing this individual is qualified (as defined in 17 CSR 20-4.055). Authorization to carry a firearm is designated on the badge/identification (ID) card. The private security officer, whether armed or unarmed, may carry a slapper, baton, nightstick, aerosol tear gas and handcuffs;
(B) Courier. A person employed to carry out the assignment of protecting and transporting property from one (1) designated area to another. The person shall be in an approved military style uniform. The courier has no power of arrest. The private courier may carry a firearm provided this individual is qualified (as defined in 17 CSR 20-4.055), which is designated on the badge/ID card; and (C) Private watchman. A person employed without police powers and without authorization to carry weapons or protective devices.
This individual will perform the tasks of observation and reporting on or in a licensed premises or designated area. This may include patrolling the public street. The private watchman has a distinctive grey, military uniform. The private watchman has no power of arrest. Note: Only the private security officer and private courier classifications will be permitted to hold two (2) licenses. Each classification is licensed separately and functions as a distinct entity. (This licensing does not include the private watchmen classification.)
17 CSR 20-4.025 Definitions {#sec-17-csr-20-4.025 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.025}
PURPOSE: This rule standardizes the common terms unique to the private security field. The definitions will be the accepted interpretation for these prescribed rules.
(1) ApplicantóA person who applies for a watchman license.
(2) Badge/identification (ID) cardóA card that is issued to private watchman bearing a picture of, and information about, the person to whom the card is issued.
(3) CancellationóThe inactivation of a license at the request of an employer.
(4) Designated areaóThe location to which a private watchman is assigned by his/her employer or contracting company.
(5) LicenseóThe document which is issued to each of the licensed security personnel by the board of police commissioners authorizing the holder to perform specific security duties in the City of St. Louis as designated by the license.
(6) RevocationóThe inactivating of a license by the board of police commissioners for just cause.
(7) SuspensionóThe temporary suspension of a license pending an administrative investigation determined by the board of police commissioners.
(8) TerminationóThe inactivating of a license through resignation, cancellation, expiration or revocation.
17 CSR 20-4.035 Licensing {#sec-17-csr-20-4.035 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.035}
PURPOSE: Under section 84.340, RSMo, the St. Louis, Missouri Board of Police Commissioners has the authority to regulate and license all private security personnel, serving or acting as such, in St. Louis. These rules establish procedures, training requirements and license fees for those persons so employed in this industry.
(1) General Procedures. Each applicant must appear in person at the office of the private security section. Each applicant must complete an application form. S/he must provide all information requested in the application for a determination of his/her qualifications to hold a license as a private watchman. Each applicant must present a current letter (no older than ten (10) days) from the intended employer, where the proposed employer states an intention to hire the applicant. Prior to an application being processed by the private security section, a criminal history inquiry will be made through the St. Louis Police Departmentís computer terminal. If the inquiry reveals that the applicant has an open criminal arrest record, s/he will be required to obtain a certified final court disapplication process will not be completed until a final disposition is obtained.
(2) Standards. Each applicant for a license to work as a private watchman in the City of St.
Louis shall meet the standards set by the board of police commissioners, which require that an applicantó (A) Be a citizen of the United States or legal resident-alien permitted to work in this country;
(B) Be at least eighteen (18) years of age;
(C) Be able to read, write and understand the English language;
(D) Meet physical and mental standards established by the board of police commissioners;
(E) Be capable of understanding and performing the duties and responsibilities of a licensed private watchman within the scope of departmental policies and procedures;
(F) Who has served time on active or reserve duty in any of the Armed Forces of the United States must be in possession of an Honorable Discharge or a General Discharge Under Honorable Conditions. An Undesirable Discharge, a Discharge Under Dishonorable Conditions or a Discharge Other Than Honorable Conditions will disqualify the applicant;
(G) Be of good moral character;
(H) Have no felony convictions;
(I) Be able to pass a character investigation by this department;
(J) Satisfactorily complete the training program prescribed by the board of police commissioners;
(K) Never have had a security license revoked by another jurisdiction for a criminal law conviction;
(L) Not withhold any information which would determine fitness relevant to being licensed as a security officer; and (M) Be free of any type of chemical dependency.
(3) Issuance/Denial of License. When an applicant has successfully completed the requirements set by the board of police commissioners, the board will issue a license. An applicant may be denied a license for any of the following reasons:
(A) Failure to meet the standards in section (2);
(B) Falsifying information on any of the forms provided by the private security section to establish eligibility. Applicants who falsify those documents shall be ineligible to receive a private watchmanís license and cannot reapply for at least six (6) months from the date the false information was submitted;
(C) Failure to provide whatever additional information is deemed necessary in order to establish eligibility;
(D) The references or employment background records, or both, indicate a poor or unsatisfactory character or work record;
(E) Any facts or actions which make the applicant unsuitable or ineligible for licensing; and (F) Resigned under investigation, resigned under charges or was discharged from the police force of the City of St. Louis.
(4) Notification of License Denial.
Applicants and their employers, in event of license denial, will be given a written notification. Specific reasons will be given to an applicant who appears in person at the office of the private security section. Applicants may appeal, in writing, to the board of police commissioners within thirty (30) days of denial notification. The appeal should contain a brief rebuttal of the reasons for denial. The board of police commissioners will then notify the applicant, in writing, of its final decision in the matter.
(5) Temporary License. If an applicant appears to meet the standards for licensing, the commander of the private security section may issue a temporary license. This permits the applicant to work until a formal license is issued by the board.
(A) A holder of a temporary badge/identification (ID) card must wear the card at the breast of the outermost garment while on duty and must be attired in an approved uniform;
(B) A holder of a temporary license who transfers employment to another agency must return his/her temporary badge/ID card to the private security section for issuance of a new badge/ID card; and (C) A holder of a temporary license must return the temporary badge/ID card to the private security section at the time the formal license is issued.
(6) Secondary Employment License. A second license may be approved by the board of police commissioners and issued by the private security section to a private watchman whoó (A) Works for a private entity (employer)and wants to take a second job working for a second private entity (employer); or (B) Is licensed to a security agency and desires also to work in a secondary job for a private employer.
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A second license will not be issued to allow a private watchman to work at two (2) security agencies.
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A private watchman desiring a second license must present a letter of permission from the first (primary) employer and a letter of intent to hire from the (secondary) employer; and (C) A St. Louis Police Department comwatchman applying for a secondary license.
If this inquiry reveals an open arrest record within the previous year, s/he will be required to obtain a certified copy of the final court disposition or a report from the circuit or prosecuting attorney. If the case is still open, the secondary license process will not be completed until final disposition is obtained.
(7) License Renewals. A private watchmanís license is valid for one (1) year from date of issue and it must be renewed in the month it expires.
(A) A St. Louis Police Department comwatchman renewing his/her license. If this renewal process will not be completed until final disposition is obtained.
(B) A private watchman wishing to renew his/her license must report to the private security section in the month the license expires, bringingó 1. The license which is about to expire;
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A letter from his/her employer requesting renewal;
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Badge/ID card; and 4. The fee for the renewal.
(C) A license not renewed during the month it was issued automatically expires unless the holder has applied to the commander of the private security section and received an extension of time.
(8) License Transfer. A license holder may work only for the company, agency or business entity named on the license. A license holder who changes employers must make sure that the new employer is named on the license. In order to transfer a license from 4CODE OF STATE REGULATIONS (7/31/01) MATTBLUNT 17 CSR 20-4óPOLICE COMMISSIONERS Division 20óSt. Louis Board of Police Commissioners one (1) employer to another, the license holder must appear in person at the private security section andó (A) Bring a current dated letter (no more than ten (10) days prior to application) from the new employer, addressed to the board of police commissioners, outlining the duties of the new job and requesting the transfer of license;
(B) Bring in the license and badge/ID card;
(C) Pay the fee established for processing transfers;
(D) The license holder will receive a new badge/ID card and license to the new company; and (E) A St. Louis Police Department comwatchman transferring his/her license. If this transfer process will not be completed until final disposition is obtained.
(9) License Reinstatements. A licensed private watchman who resigns may apply for reinstatement of his/her license under the following requirements and procedures:
(A) Application must be made within three (3) months of the resignation date;
(B) The applicant must have resigned while his/her license was in good standing;
(C) The applicant must appear at the private security section with a currently dated letter from an employer requesting reinstatement;
(D) The applicant should pay the fee established for processing license reinstatements; and (E) A St. Louis Police Departmentís comwatchman reinstating his/her license. If this reinstatement process will not be completed until final disposition is obtained.
17 CSR 20-4.045 Personnel Records and Fees {#sec-17-csr-20-4.045 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.045}
PURPOSE: This rule indicates which records must be maintained for licensed private watchman and the establishment of fees.
(1) Personnel Records. The private security
section will maintain the personal records of each license holder. This record and all information pertaining to the individual shall be the property of the private security section.
Applicants and license holders are personally responsible for immediately notifying the private security section of any change in name, address, telephone number or employer.
(2) Fees. The board of police commissioners will establish, from time-to-time, a set of fees for various services provided by the private security section. The schedule of fees is posted in the private security section office. Fees are not returnable, except on the day they are paid.
17 CSR 20-4.055 Training {#sec-17-csr-20-4.055 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.055}
PURPOSE: Candidates for licensing are required to attend training classes.
Applicants who have been approved for licensing by the board of police commissioners are required to attend and complete a program of basic training.
(1) Exemptions. Applicants with prior law enforcement experience or accepted training shall be exempt from the training program.
(2) Length and Content. The training period consists of four (4) hours. Classroom activities consists of selected police subjects and departmental regulations.
(3) Absences. Candidates for licensing who remain away unexcused from any class sessions shall be disqualified or required to arrange attendance at a future class.
(4) Training Fee. A nonrefundable training fee established by the board of police commissioners must be paid before an applicant is enrolled in a training session.
(5) Oath. Prior to issuance of his/her license, the applicant must swear to uphold the following:
I DO SOLEMNLY SWEAR that I am a citizen of the United States, or legal resident alien; that I will faithfully support the Constitution of the United States, the Constitution and Laws of the State of Missouri, and the Charter and City Ordinances of the City of St. Louis; that I have never been discharged from the police force of the City of St. Louis; that I have never been convicted of a felony; that I have no physical or mental disability or habit that disqualifies me from performing the duties of a Private Watchman; that I will wear such dress, badge/ID card or emblem as the Board of Police Commissioners from time-to-time may designate; that I will, to the best of my skill and ability, diligently and faithfully, without partiality or prejudice, discharge my duties according to the Constitution and Laws of the State of Missouri and Charter and Ordinances of the City of St.
Louis; that I will strictly obey all lawful orders and regulations of the Board of Police Commissioners of the City of St. Louis, the Chief of Police, or any officer placed by them over me; that I will not cease to perform my duties until my resignation is accepted by the Board of Police Commissioners; that I will not become a member of, or affiliate myself with, any organization of any kind or character whatsoever, membership which will or may impose upon me obligations inconsistent with the full performance of my duties as a Private Watchman, or inconsistent with the oath herein taken to carry out the orders of the Board of Police Commissioners and to comply with its lawful orders, rules and regulations, or which will or may, in any degree interfere with the performance of my duties as a licensed Security Officer.
17 CSR 20-4.065 Authority {#sec-17-csr-20-4.065 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.065}
PURPOSE: This rule establishes the powers granted to a private watchman.
(1) A private watchman is a uniformed person employed without police powers and authorized to perform the tasks of observation and reporting on/in licensed premises or a designated area, which may include patrolling public streets. A private watchman carries no weapon or protective device.
MATTBLUNT(7/31/01)*
17 CSR 20-4.075 Duties {#sec-17-csr-20-4.075 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.075}
PURPOSE: Private watchmen are expected to perform certain duties. They have responsibilities to their employers as well as the citizens of St. Louis. The private watchman also has the duty to assist and cooperate with the St. Louis police officers.
(1) Duties. It is the duty of every licensed private watchman toó (A) Observe and obey these regulations and to obey all lawful orders of any commissioned St. Louis police officer in all matters involving the need for police services;
(B) Assist St. Louis police officers in preserving the peace when requested; and (C) Cooperate with St. Louis police officers in the performance of their duties.
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Participation by private watchmen, on or off duty, in police action where police officers are on the scene shall be limited to identifying themselves to the officer(s) and offering assistance.
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In any situation where police are present, the judgment of the officer(s) shall prevail. They are responsible for the proper handling and reporting of the incident in accordance with departmental policies.
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Failure to cooperate with a St. Louis police officer may be cause for disciplinary action against a licensed private watchman.
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Failure to assist a law enforcement agency or to aid in prosecution of a crime may be cause for disciplinary action against a licensed private watchman.
17 CSR 20-4.085 Uniforms Commissioners may prescribe, by regulation, the uniforms to be worn by licensed private watchmen. {#sec-17-csr-20-4.085 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.085}
(1) All private watchmen are required to wear a uniform which, at a minimum, shall consist of the following items:
(A) Black baseball cap with watchman patch sewn of front;
(B) Light gray shirt (long or short sleeve), two (2) pocket without epaulets and badge tab or reinforcement, with watchman patch sewn on left arm;
(C) Charcoal gray slacks;
(D) Black Eisenhower-type jacket with two (2) pockets. No epaulets or badge tab or reinforcements with watchman patch sewn on left arm;
(E) TieóA black tie is to be worn with a coat or long sleeve shirt, or both; and (F) Black leather belt and shoes.
(2) The badge/identification card issued by the private security section of the St. Louis Metropolitan Police Department will be worn on the breast of the outermost garment while on duty and performing a bona fide security function for an employer.
(3) No buttons, insignia or decorations which are marked in any way with the St. Louis Metropolitan Police Department imprint may be worn by private watchmen.
17 CSR 20-4.095 Equipment Commissioners issues equipment to the licensed private watchman. This equipment remains the property of the police department and the private watchman is responsible for its maintenance and care. {#sec-17-csr-20-4.095 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.095}
(1) Equipment Issue. At the conclusion of the training period and upon final approval by the board of police commissioners, each private watchman shall receive from the private security section one (1) badge/identification (ID) card, one (1) license and one (1) private watchmanís manual. These items are and remain departmental property. They must be returned to the private security section by any private watchman who resigns, is suspended or has his/her license revoked.
(2) Equipment Responsibility. Each licensee deposits a fee for the department-issued badge/ID card and license. The fee is refundable to any private watchman when his/her period of service ends, provided that the license is not revoked. During employment it is the responsibility of the private watchman to care for and safeguard this departmental property.
(A) After the cost has been determined, all issued items of departmental property lost, stolen, damaged or destroyed must be replaced by the licensee.
(B) The loss of any item must be immediately reported to the private security section.
No formal police report is required. The private watchman then becomes responsible for appearing at the private security section to obtain and pay for a replacement.
(C) Careless handling of departmental property may be subject to disciplinary action.
(3) Badge/ID Card. The badge/ID card which is issued by the private security section to a licensed private watchman is an easily recognized symbol of authority and responsibility.
(A) The badge/ID card, which is stamped with an issue date and an expiration date, also will state the holder must work unarmed.
(B) This badge/ID card must be worn over the breast on the outermost garment. It must be returned to the private security section upon resignation, suspension or revocation of the license.
(C) Tampering, defacing or altering of this card is subject to disciplinary action or revocation.
17 CSR 20-4.115 Field Inspection Commissioners has delegated to the members of the St. Louis Metropolitan Police Department the responsibility for the inspection of private watchmen. {#sec-17-csr-20-4.115 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.115}
(1) Standards of Conduct. Private watchmen are required to conduct themselves at all times in a manner reflecting the highest standards of professional behavior. Any conduct on the part of a private watchman which, in the judgment of a commissioned officer of this department, may be harmful to the good order, discipline or reputation of this department, or which may involve the integrity of this department, may be punished by oral or written reprimand, suspension for a designated period of time or permanent revocation of license.
(2) Field Inspections. All private watchmen are subject to inspection by officers from the St. Louis Metropolitan Police Department.
The purpose of this inspection is to insure that the license holder is in compliance with the provisions of this rule. This inspection will determine that the license holderó 6CODE OF STATE REGULATIONS (7/31/01)* MATTBLUNT 17 CSR 20-4óPOLICE COMMISSIONERSDivision 20óSt. Louis Board of Police Commissioners (A) Has in his/her possession a proper badge/identification (ID) card issued by the St. Louis Board of Police Commissioners;
(B) Is wearing a full uniform; and (C) Has not disregarded or deviated from the manual.
(3) Failure to Cooperate. Failure by any license holder to cooperate with a commissioned member of the St. Louis Police Department in the inspection procedures will constitute grounds for disciplinary action.
(4) Arrest of License Holder. During an inspection, if a license holder has been arrested for a felony, a misdemeanor or an infraction involving moral turpitude or license violation, the holderís badge/ID card will be seized and forwarded to the private security section of the St. Louis Police Department with a copy of the arrest report.
The license holder is to be informed that s/he is suspended and not to continue to work until the matter is resolved by the private security
section. If arrested for a felony violation, a formal suspension number will be obtained in the normal manner. The private security section will conduct any necessary investigation or make notification to the jurisdictional agency.
17 CSR 20-4.125 Complaint/Disciplinary Procedures Commissioners has established rules of conduct and the procedures for the investigation of and the discipline for breaches of these rules. {#sec-17-csr-20-4.125 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-4.125}
(1) Complaints. Investigation of complaints against licensed watchmen will be handled by the private security section of the division of human resources. The results of the investigation will be forwarded in the form of a report with recommendations through the chain of command to the board of police commissioners. The board will render a judgment concerning disciplinary action. The individual concerned, and his/her employer, will be informed by the private security section of all decisions made by the board of police commissioners.
(2) Reprimands. In instances of misconduct not sufficiently serious to merit suspension or revocation of a license, the license holder may be reprimanded orally or in writing. Any violation of the provision in these rules may be grounds for a reprimand. Reprimands will be a factor considered upon a licenseeís application for a renewal of license or upon the occasion of any later disciplinary action.
There is no appeal from a reprimand.
(3) Suspension. In instances where a private watchman is arrested for a felony, the commander or watch commander of the district or any officer acting in that capacity will suspend the private watchman.
(A) In instances where a private watchman is arrested for a crime or ordinance violation, not a felony and depending on the situation, the commander or watch commander of the district or any officers acting in that capacity has the choice of suspending the security officer or contacting the commander of the private security section, who will determine whether or not the private watchman is to be suspended. If unable to contact the commander of the private security section, the report of the incident will be forwarded to the private security section at the earliest opportunity.
(B) Whenever a licensed private watchman is suspended, it will be required that the private watchman surrender his/her badge/identification (ID) card until a decision is made for its return by the commander of the private security section or a disposition is rendered by the board of police commissioners.
(C) Where no warrant is issued or no cause for discipline is apparent, or both, the private watchmanís return to duty is to be determined by the commander of the private security section.
(4) Revocations. A license may be revoked by order of the board of police commissioners for any violations of the rules.
(5) Notification/Appeal. Whenever the license of a private watchman is suspended or revoked by the board of police commissioners, the private security section shall notify the licensee in writing of the action. The licensee shall have ten (10) days from the date of posting notice to request a review of the disciplinary action. The request shall be directed in writing to the commander of the private security section. The request shall state additional supporting facts in his/her defense or rebuttal of the board of police commissionerís decision, or both.
(A) The commander of the private security section may meet with the licensee and discuss his/her request for review and/or shall conduct a further investigation of the disciplinary case.
(B) The commander, within thirty (30) days of appeal, shall render a decision affirming or reversing the original disciplinary action. The commander shall then send his/her decision and report to the board of police commissioners for final action.
(C) Judgments and decisions of the board concerning appeals in disciplinary matters are final.
(6) Disciplinary Action, Punishment, or Both.
(A) The board of police commissioners retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension and revocation.
(B) Licensed private watchmen, whether on or off duty, are subject to disciplinary action for violations of these rules. Offenses may include, but not be limited to, the following:
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Conviction of a felony, misdemeanor or city ordinance;
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Intoxication or drinking on duty;
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Possession or illegal use of narcotic or potent drugs (controlled substance);
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Assumption of police authority when not on duty;
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Conduct contrary to the public peace and welfare;
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Interference with any police officer engaged in the performance of his/her duties;
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Overbearing or oppressive conduct during the performance of duty;
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Failure to obey a reasonable order by an officer of the St. Louis Metropolitan Police Department;
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Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;
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Failure to wear a valid badge/ID card issued by the St. Louis Metropolitan Police department on the breast of the outermost garment of security uniform, while on duty;
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Failure to have in possession a badge/ID card;
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Serving or acting as a private watchman for any agency or other business entity other than the one (1) listed on his/her badge/ID card;
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Failure to conform to uniform requirements;
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Working as a private watchman while under suspension;
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Carrying or using a firearm while performing the duties of a private watchman;
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Any conduct constituting a breach of security or confidence;
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Neglect of duty;
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Failure to notify the private security
section when and if arrested on any charge;
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Failure to aid in prosecution;
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Defacing or altering the badge/ID card; and 21. Carrying unauthorized nonlethal weapons and/or protective devices.
(7) Categories of Discipline. The board of police commissioners retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension and revocation. Judgments and decisions of the board are final.
(8) When a license is ordered revoked by the board of police commissioners, the badge/ID deposit fee will be forfeited to the board.
Licensed private watchmen who are under investigation by this department for any alleged violations of any rules will be allowed the discretionary resignation for their commission and in these instances will have the badge/ID deposit fee refunded, provided all department-issued equipment is surrendered in the private security section.
(9) Individuals who resign while under investigation will not be considered for a license in the future.
8CODE OF STATE REGULATIONS
(7/31/01) MATTBLUNT 17 CSR 20-4óPOLICE COMMISSIONERS Division 20óSt. Louis Board of Police Commissioners
Chapter 5 Corporate Security Advisor
17 CSR 20-5.015 Administration and Command of Private Security Section {#sec-17-csr-20-5.015 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.015}
PURPOSE: Under section 84.340, RSMo, the St. Louis Board of Police Commissioners has the authority to regulate and license all St.
Louis private security personnel, serving or acting in St. Louis. These rules establish procedures, training requirements and license fees for those persons so employed in the security field.
(1) Board of Police Commissioners. The St.
Louis Board of Police Commissioners (referred to as the board) is established by state statute and consists of five (5) members, four (4) of whom are appointed by the governor. The mayor of the City of St. Louis serves as an ex officiomember. The board has sole charge and control of the Metropolitan Police Department of the City of St. Louis and of licensing, regulating and disciplining of all private security officers, corporate security advisors, private watchmen and couriers of the City of St. Louis. Private detectives are licensed by the Office of the License Collector of the City of St. Louis, not by the board. The board has delegated that responsibility to the city license collector’s office.
(2) Private Security Section. The private security section is responsible for the interviewing, investigating, processing, licensing, inspecting and supervising of all persons seeking to be licensed, or currently licensed, as corporate security advisors, as well as persons seeking to be licensed, or currently licensed in certain other security capacities in the City of St. Louis.
(A) The private security section is further responsible for issuing and transferring all of these licenses and for reinstatements, for periodically inspecting license holders, for providing liaison with all suppliers of security personnel in the city, for maintaining of personnel files on all applicants and licensees in the City of St. Louis and for publishing, within the department, information of all terminations of employment of security personnel.
(B) Upon request of the license collector’s office, the private security section also conducts background investigations of private detective/investigator applicants. The decision to issue the license, however, is made by the license collector’s office.
(3) Private Security Personnel. The St. Louis Metropolitan Police Department Private Security program licenses four (4) distinct classifications of security personnel. Note:
Only the private security officer, private courier and corporate security advisor classifications will be permitted to hold two (2) licenses. Each classification is licensed separately and functions as a distinct entity. This licensing does not include the private watchmen classification. The classifications are listed as follows:
(A) Private Security Officer. A person employed with certain police powers (as defined in 17 CSR 20-2.065) to protect life or property on or in designated premises. The private security officers’ power extends only to the established property owned or leased by the contracting employer and only to incidents occurring on the premises. The private security officer may carry a firearm; provided, this individual is qualified (as defined in 17 CSR 20- 2.055). Authorization to carry a firearm is designated on the identification (ID) card. The private security officer, whether armed or unarmed, may carry a slapper, baton, nightstick, aerosol tear gas and handcuffs;
(B) Courier. A person employed to transport property from one (1) designated area to another and to protect this property while in transit. A courier shall wear an approved military style uniform. A courier has no power of arrest, but may carry a firearm provide s/he is qualified (as defined in 17 CSR 20- 3.055) to do so. Authorization to carry a firearm is designated on the ID card;
(C) Private Watchman. A person employed to perform the tasks of observing and reporting on or in a licensed premises or designated area (as defined in 17 CSR 20-4.055).
This may include patrolling the public street.
A private watchman has no power of arrest or other police powers. S/he is not authorized to carry weapons or protective devices. The private watchman shall wear a distinctive gray, military style uniform;
(D) Corporate Security Advisor. A person employed to provide all services rendered by a private security officer, as well as other specialized corporate security services related to the protection of his/her employer’s/principal’s resources and personnel. A licensed corporate security advisor may carry a firearm and protective devices in accordance with the guidelines established in these rules.
S/he shall be authorized to exercise the same police powers granted to private security officers while on his/her employer’s/principal’s property. However, the corporate security advisor’s powers and authority shall not be restricted to that property, but shall be coextensive with the geographic limits of the City of St. Louis (as defined in 17 CSR 20-5.055), with the following restriction: A corporate security advisor, when not on the premises of his/her employer/principal, shall have the power of arrest— 1. While conducting official company business, and only for any felony, misdemeanor or city ordinance violation committed in his/her presence;
- For attempted commission of any felony or misdemeanor occurring in his/her presence; and 3. For a felony or misdemeanor not committed in his/her presence when s/he has probable cause to believe that the offense was committed by the person to be arrested. Any arrest previously listed shall relate to the safety and welfare of his/her employer’s/principal’s personnel, family, property, or guests warranting special security consideration. A corporate security advisor, when not on the premises of his/her employer/principal, shall have the power of arrest only while conducting official company business and only for felonies, misdemeanors and city ordinance violations committed in his/her presence or which relate to the safety and welfare of his/her employer’s/principal’s personnel, family property or guests warranting special security consideration.
Feb. 26, 1993.
17 CSR 20-5.025 Definitions {#sec-17-csr-20-5.025 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.025}
PURPOSE: This rule defines the terms used in this chapter.
(1) Applicant—A person who applies for a corporate security advisor license.
(2) Arrest—The authority to apprehend and detain individuals observed or suspected of committing a law violation.
(3) Badge/identification (ID) card—A card that is issued to security personnel which bears a picture of, and information about, the person to whom the card is issued.
(4) Cancellation—The inactivation of a license at the request of an employer.
(5) Company—Any company, incorporation, corporation, partnership, association or solo venture which is legally doing business within Missouri and which, if a corporation, is registered with the Office of the Secretary of State. The term company shall also include any Missouri city which is not within a county.
(6) Employer—The definition of employer shall be the same as the definition of company.
(7) Firearm—Revolvers or semiautomatic pistols approved by the board.
(8) Hot pursuit—The pursuit of suspects for on-view felonies only, which relates to the safety and welfare of his/her employer’s/principal’s personnel, family, property or guests warranting special security consideration.
(9) License—The document which is issued to licensed security personnel by the board authorizing the holder to perform specific security duties in the City of St. Louis as designed by their license classification and these rules.
(10) Principal(s)—The individual(s) whom a corporate security advisor is assigned to protect.
(11) Protective devices—Approved instruments for personal protection. Only the following are approved for use as protective devices: slapper, baton, nightstick, aerosol tear gas and handcuffs.
(12) Revocation—The inactivation of a license by the board pursuant to the procedures set forth in these rules.
(13) Suspension—The temporary suspension of a license pending an administrative investigation by the board.
(14) Termination—The inactivation of a license through resignation, cancellation, expiration or revocation.
(15) Weapons—Firearms and instruments authorized for use as protective devices by these rules.
Feb. 26, 1993.
17 CSR 20-5.035 Licensing {#sec-17-csr-20-5.035 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.035}
PURPOSE: Under section 84.340, RSMo, the St. Louis Missouri Board of Police Commissioners has authority to regulate and license all St. Louis private security personnel, serving or acting as such, in St. Louis.
(1) General Procedures. Each applicant for licensing must appear in person and complete an application form at the office of the private security section. The applicant must provide all the information requested on the form before a determination of his/her eligibility for licensing will be made. If requested to do so by the private security section, an applicant must also execute appropriate authorizations for release of information.
(A) Additionally, at the time of application, each applicant must also submit current documentation (issued no more than ten (10) days prior to the date of application) from his/her intended employer, indicating the employer’s intention to hire the applicant in the capacity for which s/he is seeking licensure.
(B) In the case of an applicant for licensing as a corporate security advisor, this documentation shall also include:
- A statement by the employer of the total number of employer’s employees at locations in Missouri; and 2. Proof that employer is insured for liability in an amount not less than one (1) million dollars, and a statement that the applicant will be included in the policy as a named insured.
(C) No applicant for licensing as a corporate security advisor shall be licensed, nor shall any corporate security advisor’s license be transferred, unless and until the private security section has verified that the applicant’s— 1. Employer employs no fewer than one hundred fifty (150) employees in locations within Missouri;
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Employer’s business is headquartered in the City of St. Louis, St. Louis County or, alternatively, that the applicant’s employer conducts a substantial portion of its business in the City of St. Louis or St. Louis County;
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Employer is insured as stated in paragraph (1)(B)2.; and 4. Employer has executed an agreement, in a form acceptable to the board, to hold harmless and indemnify the board, in connection with any claims and causes of action which may arise from the licensing and employment of the applicant as a corporate security advisor.
(D) Before an application will be processed by the private security section, a criminal history inquiry of the applicant’s criminal history will be made. If this inquiry reveals that the applicant has an open criminal arrest record, the applicant will be required to obtain a certified final court disposition, or a disposition report from the appropriate circuit or prosecuting attorney with respect to the disposition of each open charge. If the charge(s) are still unresolved at the time of application, the application process will be suspended until a final disposition(s) may be obtained.
(2) Standards. Each applicant for licensing as a corporate security advisor in the City of St.
Louis shall meet the following standards set by the board which require that an applicant:
(A) Be a United States citizen or legal resident-alien permitted to work in this country;
(B) Be at least twenty-five (25) years old;
(C) Be able to read, write and understand the English language;
(D) Meet physical and mental standards established by the board;
(E) Not be simultaneously licensed as a private detective;
(F) Be capable of understanding and performing the duties and responsibilities of a licensed corporate security advisor within the scope of departmental policies and procedures, as well as the rules of this chapter;
(G) Be in possession of either an Honorable Discharge or a General Discharge Under Honorable Conditions, if previously a member of the Armed Forces of the United States, whether assigned to active or reserve duty, If presently a member of the Armed Forces of the United States, be in good standing with no pending disciplinary actions;
(H) Be of good moral character;
(I) Have no felony convictions;
(J) Be able to pass a character investigation by this department;
(K) Satisfactorily complete any training program prescribed by the board for licensing, if required to do so by these rules;
(L) Pass, if required to do so by these rules, a written examination based on the contents of the training course mentioned in subsection (2)(K);
(M) Not have had a peace officer’s certification or security license revoked by any jurisdiction for a criminal law violation;
(N) Not have withheld any information pertinent to fitness for licensing as a corporate security advisor;
(O) Be free of any type of chemical dependency;
(P) Be formerly employed by one (1) of the following agencies as a credentialed special 4CODE OF STATE REGULATIONS agent and have completed a specialized training course in personal protective service while in the employ of— 1. The Federal Bureau of Investigation;
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The United States Secret Service;
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The United States Department of State, Office of Diplomatic Security;
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The United States Air Force Office of Special Investigations;
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The United States Naval Investigative Services; and 6. The United States Army Criminal Investigation Division;
(Q) If subsection (2)(P) is not applicable, a graduate of, and possess a certificate of completion from, a police training academy which is certified by the Missouri Police Officer Safety Training (P.O.S.T.) Commission and which provided no fewer than six hundred (600) hours of basic police training; or have been certified as a peace officer by the P.O.S.T. Commission pursuant to any applicable grandfather clause; provided, however, that if certification is pursuant to a grandfather clause, the applicant shall have received no fewer than four hundred eighty (480) hours of basic police training, and additionally shall have no fewer than ten (10) years experience as a peace officer. If an applicant has fewer than four hundred eighty hours (480) of basic police training due to peace officer training requirements at the time of his/her commissioning, the commander of the private security section shall evaluate the applicant’s training and experience and shall render a determination if the applicant meets the requirements for licensing.
- If an applicant for the position of corporate security advisor has either—a) received peace officer certification or its equivalent from a jurisdiction other than Missouri or b) has received basic police training in a jurisdiction other than Missouri, the private security section shall review the certification and training of this applicant and shall render a determination as to whether the certification and training is equivalent to and meets the requirements of subsection (2)(Q).
Only the private security section shall determine that the applicant’s certification/training does meet the requirements of subsection (2)(Q), if the applicant provides s/he is also otherwise qualified and eligible for licensing as a corporate security advisor.
- If an applicant was formerly employed as a credentialed special agent by one (1) of the agencies set forth in subsection (2)(P), but has not completed a specialized training course in the personal protective service as required in subsection (2)(P), the applicant, if otherwise qualified for licensing, will nevertheless not be licensed as a corporate security advisor until s/he has successfully completed a forty (40)-hour training course in personal protective service, as prescribed by the board, and conducted by an instructor who meets all requirements of subsections (2)(P) and (Q), and who has been approved by the board to provide the specialized training. Assistant instructors and guest speakers will not be required to meet the corporate security advisor qualifications in order to assist in these training classes;
(R) Undergo urinalysis testing for indication of the presence of unlawful drugs in the manner prescribed by the board.
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An applicant who refuses to undergo urinalysis testing shall be denied both initial licensing and renewal licensing.
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An applicant whose urinalysis test results indicate the presence of unlawful drugs shall be ineligible for licensing at that time and may not reapply for a period of one (1) year after that.
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A corporate security advisor who is a candidate for license renewal and whose urinalysis test results indicate the presence of unlawful drugs shall be subject to license revocation; and (S) Execute an agreement, in a form acceptable to board, to hold harmless and indemnify the board, in connection with any claims and causes of action which may arise out of applicant’s licensing and employment as a corporate security advisor.
(3) Urinalysis Testing. An applicant for licensing or for renewal as a corporate security advisor shall undergo urinalysis testing at the time and place prescribed by the private security section at the time application for licensing or license renewal is made.
(A) Urinalysis testing shall consist of a drug screen test, the Enzyme Multiplied Immunoassay Test (EMIT), which detects the presence of amphetamines, barbiturates, benzodiazephines, cocaine, marijuana (cannabinoids THC), opiates, phencyclidine (PCP), methadone and propoxyphene.
(B) If the results of an applicant’s or renewal candidate’s drug screen test indicate the presence of unlawful drugs, the urine sample provided by the applicant or renewal candidate shall be subjected to confirmatory testing by the Gas Chromatography Mass Spectroscopy (GCMS) method.
(C) If the results of either EMIT or GCMS testing are negative, that is indicate the absence of unlawful drugs in the sample, the applicant or candidate for renewal shall be deemed to have passed the drug testing requirement.
(D) All expenses connected with drug testing shall be borne by the applicant or candidate for license renewal.
(4) If an applicant successfully meets all requirements of the board for licensing, s/he shall be licensed as a corporate security advisor. Licensing, however, may be denied for any of the following reasons:
(A) Failing to meet the standards set forth in section (2);
(B) Falsifying information on any form provided by the private security section. An applicant who falsifies information on any of these forms shall be ineligible for immediate licensing as a corporate security advisor and shall not be eligible to reapply for at least six (6) months after the falsification is discovered;
(C) Failing to comply with any request for additional information deemed necessary by the private security section in order to determine an applicant’s eligibility;
(D) Providing references and employment background records which indicate a poor or unsatisfactory character or work record;
(E) Discovering any additional information which would indicate that the applicant is unsuitable or ineligible for licensing; and (F) Discovering that the applicant resigned under investigation, resigned under charges, or was dismissed for cause from any police department.
(5) Notification of License Denial.
Applicants and their employers, in the event of license denial, will be given a written notification. Specific reasons for denial will be given to an applicant who appears in person at the office of the private security section.
(A) Applicants may appeal, in writing, to the board within thirty (30) days of denial notification. The appeal should contain a brief rebuttal of the reasons for denial.
(B) The St. Louis Board of Police Comissioners will then notify the applicant, in writing, of its final decision in the matter.
(6) Restricted License. To obtain a corporate security advisor license, applicants must qualify for arming according to the current standards applicable to commissioned officers of the St. Louis Metropolitan Police Department.
(7) Temporary License. No temporary license will be issued to corporate security advisors.
(8) Special Assignment. A licensed corporate security advisor may perform the duties of a corporate security advisor within the guidelines of this chapter, on a temporary basis, for a company other than his/her primary employer, with the approval of the commander of the private security section or his/her designee, providing the company(s) involved meets the licensing requirements for the employment of a corporate security advisor as specified in this chapter.
(9) License Renewal. A corporate security advisor’s license is valid for one (1) year from the date of issuance and must be renewed in the month of expiration.
(A) A St. Louis Metropolitan Police Department computer inquiry will be made with regard to each corporate security advisor renewing his/her license. If this inquiry reveals an open arrest within the previous year, s/he will be required to obtain a certified copy of the final court disposition or a report from a circuit or prosecuting attorney.
If the case is still open, the renewal process will not be completed until final disposition of the charge.
(B) A corporate security advisor wishing to renew his/her license must report to the private security section in the month of license expiration, bringing— 1. The license identification (ID) card which is about to expire;
- A letter from his/her employer requesting renewal; and 3. The fee for the renewal.
(C) The corporate security advisor, to renew a license, must successfully complete firearms requalification through a firearms course approved by the private security section and complete an eight (8)-hour protective service refresher course approved by the private security section.
(D) If a licensee does not renew his/her license during the month it expires, the licensee shall have no authority to perform the duties of a corporate security advisor, unless the holder has previously applied to the commander of the private security section and received an extension of time for license renewal.
(10) License Transfer. A license holder may work only for the company, agency or business entity named on the license/ID card, except as provided in section (8) of this rule.
A St. Louis Metropolitan Police Department computer inquiry will be made with respect to each corporate security advisor requesting license transfer. If this inquiry reveals an open arrest record within the previous year, s/he will be required to obtain a certified copy of the final court disposition or a report from a circuit or prosecuting attorney. If the case is still open, the transfer process will not be completed until final disposition of the charge. If a license holder changes employers, s/he may not act as a corporate security advisor for the new employer until the time as the license holder appears in person at the private security section to— (A) Submit a current dated letter, no more than (10) days prior to application, from the new employer, addressed to the St. Louis Board of Police Commissioners, outlining the duties of the new job and requesting the transfer of license;
(B) Submit his/her current license/ID card;
(C) Pay the fee established for processing transfer; and (D) Submit— 1. A statement by his/her new employer setting forth the total number of the new employer’s employees at locations in Missouri;
- Proof that the new employer is insured for liability in an amount not less than one (1) million dollars and a statement that the corporate security advisor will be included as a named insured; and 3. An agreement, in a form acceptable to the board, executed by applicant’s new employer, where the new employer agrees to hold harmless and indemnify the board in connection with any claims and causes of action which may arise from the licensing and employment of the applicant as a corporate security advisor.
(11) License Reinstatement. A licensed corporate security advisor who resigns may apply for reinstatement of his/her license under the following requirements and procedures:
(A) The application must be made within three (3) months of the resignation date;
(B) The applicant must have resigned while his/her license was in good standing;
(C) The applicant must appear at the private security section with a currently dated letter from an employer requesting reinstatement;
(D) The applicant must pay the fee established for processing license reinstatement; and (E) A St. Louis Metropolitan Police Department computer inquiry will be made on each corporate security advisor requesting reinstatement of license. If this inquiry reveals an open arrest record within the previous year, s/he will be required to obtain a certified copy of the final court disposition or a report from a circuit or prosecuting attorney. If the case is still open, the reinstatement process will not be completed until final disposition of the charge.
Feb. 26, 1993.
17 CSR 20-5.045 Personnel Records and Fees {#sec-17-csr-20-5.045 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.045}
PURPOSE: This rule indicates which records must be maintained for licensed security personnel and the establishment of fees.
(1) Personnel Records. The private security
section will maintain the personnel records of each license holder. These records and all information pertaining to the individual shall be the property of the private security section. Applicants and license holders are personally responsible for immediately notifying the private security section of any change in name, address, telephone number or employer.
(2) Fees. The Board of Police Commissioners, from time-to-time, will establish a schedule of fees for various services provided by the private security section. The schedule of fees shall be posted in the private security
section office. Fees are not refundable, except on the day they are paid.
Feb. 26, 1993.
17 CSR 20-5.055 Training {#sec-17-csr-20-5.055 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.055}
PURPOSE: This rule requires candidates for licensing to attend training classes and requires applicants who have been approved for licensing by the board of police commissioners to attend and complete a program of basic training.
(1) Length and Content. The training program shall consist of forty (40) hours of training. Within that period, eight (8) hours shall be devoted to firearms training, responsibility, liability and qualification. Classroom activities shall consist of the study of departmental regulations, the use of firearms or specialized training in personal protective service or a combination of these.
(2) Absences. Candidates for licensing who are absent and remain away unexcused from any class sessions may be disqualified or 6CODE OF STATE REGULATIONS required to reschedule attendance at a future class.
(3) Final Test. Each applicant required to successfully complete the forty (40) hour specialized training course, as prescribed in this
chapter, must take a written test on the subject matter presented in class and must attain a passing score of at least seventy percent (70%).
(A) Applicants who fail to achieve a seventy percent (70%) score will be allowed one (1) opportunity to retest. Retesting must be done within sixty (60) days of the first test.
(B) A second failure will cause the applicant to be disqualified for licensing for six (6) months from the date of the second examination. After this period, the applicant may reapply for licensing.
(4) Firearms Qualification. On the firing range an applicant must display the ability to safely and properly handle his/her weapon(s) and must achieve a score(s) at or above the standard established by the board for recruits.
(A) All applicants for licensing as corporate security advisors must attain the same level of firearms proficiency as required of police officers of the St. Louis Metropolitan Police Department.
(B) An applicant who does not attain the minimum score on the firing range will be given two (2) additional opportunities to qualify. The retest time will be determined by the private security section.
(5) Training Fee. A nonrefundable training fee established by the board must be paid before an applicant is enrolled in a training session.
(6) Exemptions. Applicants who meet the necessary requirements for licensing listed in 17 CSR 20-5.035(2) shall only be required to complete the firearms qualifications for licensing.
(7) Oath. Prior to issuance of his/her license, the applicant must swear the following oath:
I DO SOLEMNLY SWEAR that I am a citizen of the United States, or a legal resident-alien, that I will faithfully support the Constitution and Laws of the United States, the Constitution and Laws of the State of Missouri, and the Charter and City Ordinances of the City of St. Louis; that I have never been convicted of a felony; that I have no physical or mental disability or habit that disqualifies me from performing the duties of a corporate security advisor; that I will carry such license/ID card as the board of police commissioners designates; that I will, to the best of my skill and ability, diligently and faithfully, without partiality or prejudice, discharge my duties according to the Constitution and Laws of the State of Missouri and Charter and Ordinances of the City of St. Louis; that I will strictly obey all lawful orders and regulations of the Board of Police Commissioners of the City of St. Louis; the Chief of Police, or any officer placed by them over me; that I will not cease to perform my duties until my resignation is accepted by the Board of Police Commissioners; that I will not become a member of, or affiliate myself with, any organization of any kind or character whatsoever, membership which will or may impose upon me obligations inconsistent with the full performance of my duties as a corporate security advisor, or commissioners and to comply with its lawful orders, rules and regulations, or which will or may in any degree interfere with the performance of my duties as a licensed corporate security advisor.
Original filed June 30, 1992, effective Feb. 26, 1993.
17 CSR 20-5.065 Authority {#sec-17-csr-20-5.065 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.065}
PURPOSE: This rule establishes the arrest powers of a licensed corporate security advisor. These powers are in effect while the licensed corporate security advisor is actively employed, as prescribed by this chapter, and is on company property with additional limitations when performing specialized security duties off company property.
(1) Authority On Company Property. While on company property, the corporate security advisor shall have all the authority of a licensed security officer and may carry a firearm, make arrests and search for and seize evidence in connection with an arrest.
All these actions may be carried out pursuant to the same conditions as may apply to commissioned officers of the St. Louis Metropolitan Police Department.
(A) A corporate security advisor may perform arrests for a felony, misdemeanor and city ordinance violation committed in his/her presence (on-view);
(B) An attempted commission of a felony or misdemeanor occurring in his/her presence;
(C) May arrest for a felony or misdemeanor not committed in his/her presence when s/he has probable cause to believe that the offense was committed by the person to be arrested; and (D) Off his/her licensed premises when in hot pursuit for an on-view felony is involved.
(For an on-view felony, offense is an offense the corporate security advisor sees committed.)
(2) Authority Off Company Property. When on-duty, but not on company property, the corporate security advisor shall have the following authority within the geographical boundaries of the City of St. Louis:
(A) S/he may carry a firearm.
(B) S/he may perform arrests as indicated in subsections (1)(A)–(C) for felonies, misdemeanors and city ordinance violations which occur off company property, but which are directly related to the safety and welfare of his/her employer’s personnel, property or guests warranting special security consideration; and (C) S/he may effect arrests as set forth in subsections (1)(A)–(C) or, when in hot pursuit for an on-view felony which occurred off company property, if the offense is directly related to the safety and welfare of her/his employer’s/principal’s personnel, family, property or guests warranting special security consideration.
(3) Limitations of Authority. Failure by a corporate security advisor to observe and comply with the following limitations and restrictions may result in suspension or revocation of the corporate security advisor’s license:
(A) All authority granted to a corporate security advisor in this chapter shall be strictly construed and none of this authority may be exercised outside the geographical boundaries of the City of St. Louis;
(B) All authority granted to a corporate security advisor in this chapter may be exercised solely when the corporate security advisor is actively on duty and engaged on behalf of an employer authorized by the private security section; and (C) A corporate security advisor may not exercise any authority granted in this chapter in connection with the service of process or in connection with investigative activities on behalf of an attorney engaged in either civil or criminal practice.
(4) Manner of Effecting Arrest. An arrest is performed by the physical restraint of the arrestee, or by the arrestee’s submission to the arrest authority of the corporate security advisor. The arrest authority for corporate security advisors is established by the board pursuant to section 84.340, RSMo, which grants the board authority to regulate and license all private security personnel.
(A) When effecting an arrest, a corporate security advisor may use only the minimum amount of force necessary to accomplish his/her lawful objectives indicated in this
chapter.
(B) Once an arrestee has been physically restrained, a corporate security advisor may employ no force against the arrestee except as may be necessary to prevent escape.
Feb. 26, 1993.
17 CSR 20-5.075 Duty to Cooperate With Police {#sec-17-csr-20-5.075 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.075}
PURPOSE: This rule requires corporate security advisors to perform certain duties.
They have responsibilities to citizens of St.
Louis, as well as their employers. The corporate security advisor also has the duty to assist and cooperate with St. Louis police officers.
(1) Duties. It is the duty of every licensed corporate security advisor to— (A) Observe and obey these regulations and to obey all lawful orders of any commissioned St. Louis police officer in all matters involving the need for police services;
(B) Assist St. Louis police officers in preserving the peace or in taking other action as may be necessary to effect an arrest at the location, and during the time, of his/her assignment;
(C) Cooperate with St. Louis police officers in the performance of their duties upon request.
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Participation by licensed corporate security advisors, on- or off-duty, in police action where police officers are on the scene, shall be limited to identifying themselves to the officer(s) and offering assistance, when not in conflict with obligation to principal.
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The judgment of the officer(s) shall prevail in any situation where police are present. They are responsible for the proper handling and reporting of the incident in accordance with departmental policies.
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Failure to cooperate with a St. Louis police officer may be cause for disciplinary action against a licensed corporate security advisor.
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Failure to assist a law enforcement agency or to aid in prosecution of a crime may be cause for disciplinary action against a corporate security advisor.
-
Any failure to aid or otherwise cooperate with any law enforcement agency is expressly permitted only if the refusal is felt necessary in order to protect the corporate security advisor’s company personnel, family, property or guests of the company or personnel that warrant special security consideration; and (D) Notify the St. Louis Metropolitan Police Department when an arrest has been made by the corporate security advisor, to furnish all pertinent facts and evidence to any police officer(s) and to surrender the custody of any prisoner to the officer(s).
Feb. 26, 1993.
17 CSR 20-5.085 Uniforms Board of Police Commissioners may prescribe, by regulation, the uniforms to be worn by licensed corporate security advisors. {#sec-17-csr-20-5.085 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.085}
(1) All corporate security advisors should be aware of the following guidelines:
(A) Corporate security advisors will not be required to wear a uniform but must have their identification (ID) cards in their possession at all times while performing duties as corporate security advisors;
(B) No buttons, insignia or decorations which are marked in any way with the St.
Louis Metropolitan Police Department imprint may be worn by a licensed corporate security advisor; and (C) The use of company vehicles for security purposes must conform with the rules established by City Ordinances. The word police will not be displayed on any of these vehicles.
(2) Uniform Exemption Conduct. Each licensed corporate security advisor possesses the privilege of carrying an authorized loaded firearm on his/her person while traveling in either direction between place of residence and place of assignment by the most direct route; provided, that s/he is also carrying a valid corporate security advisor’s ID card. At other times, the corporate security advisor will obey the laws of the jurisdiction with respect to carrying firearms.
Feb. 26, 1993.
17 CSR 20-5.095 Equipment Board of Police Commissioners issues equipment to the licensed corporate security advisors. This equipment remains the property of the police department and the corporate security advisor is responsible for its maintenance and care. {#sec-17-csr-20-5.095 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.095}
(1) Equipment Issue. At the conclusion of the training period and upon final approval by the board, each corporate security advisor shall receive from the private security section one (1) identification (ID) card/license and one (1) corporate security advisor’s manual.
These items are departmental property. They must be returned to the private security section by any corporate security advisor who resigns, is suspended or has his/her license revoked.
(2) Equipment Responsibility. It is the responsibility of the corporate security advisor to care for and safeguard this departmental property.
(A) After the cost has been determined, all issued items of departmental property lost, stolen, damaged or destroyed must be replaced by the licensee.
(B) The loss of any item must be reported immediately to the private security section.
No formal police report is required. The corporate security advisor then becomes responsible for appearing at the private security section to obtain and pay for a replacement.
(C) Careless handling of departmental property may result in disciplinary action.
(3) ID Card. The ID card which is issued by the private security section to a licensed corporate security advisor is an easily recognized symbol of authority and responsibility.
(A) The ID card is stamped with an issue date and an expiration date.
(B) It must be returned to the private security section upon resignation, suspension or license revocation.
(C) Tampering, defacing or altering of this card may result in disciplinary action or revocation.
Feb. 26, 1993.
8CODE OF STATE REGULATIONS
17 CSR 20-5.105 Weapons Board of Police Commissioners authorizes corporate security advisors, as indicated in this rule, to carry a firearm in the performance of his/her duties. {#sec-17-csr-20-5.105 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.105}
(1) Inspection and Registration. All firearms used by corporate security advisors must be inspected by the departmental armorer and must be registered with the private security
section.
(A) Only one (1) approved firearm at a time may be carried while on duty.
(B) Only weapons approved for use by the board may be carried.
(C) The firearm may be worn on a belt at the waist or in a shoulder holster. It may be concealed from the public.
(D) Corporate security advisors are required annually to requalify with their firearm(s) during the month of license renewal. Corporate security advisors must qualify with the board-approved weapon(s) they intend to use.
(2) Discharge of Firearms. A corporate security advisor may not discharge a firearm in the performance of his/her duties (other than for practice or training at a firing range or similar authorized location), except— (A) When reasonably necessary, in defense of him/herself or another, in order to prevent death or serious bodily harm; and (B) Authorization to carry a firearm may be revoked if the weapon is used in violation of this rule.
(3) Shots Fired Report. A corporate security advisor, upon firing his/her weapon or using force to make an arrest, or both, shall notify the nearest police district and request that an official police report be prepared and that a copy be forwarded to the commander of the private security section.
(4) Safety First Rules for Gun Handling. The licensed corporate security advisor is responsible at all times for his/her weapon whether in or out of his/her possession. The following rules shall be observed:
(A) All weapons should be handled with care and respect;
(B) The weapon should be checked for ammunition each time it is handled;
(C) The barrel and action must be cleared of obstructions before use;
(D) The weapon must be kept in good working condition;
(E) The weapon should not be drawn or pointed at any person unless the situation justifies this action;
(F) When the weapon is unattended, it must be secured against access by children and curious people; and (G) Ammunition carried on duty must be new factory service ammunition. No reloads or wad cutter ammunition is permitted.
(5) Nonlethal Weapons. Corporate security advisors may carry only the following nonlethal defensive weapons or equipment:
(A) Leather pocket baton or slapper;
(B) Aerosol tear gas dispenser;
(C) Baton or nightstick; and (D) Handcuffs.
Feb. 26, 1993.
17 CSR 20-5.115 Field Inspection Board of Police Commissioners has delegated to the members of the St. Louis Metropolitan Police Department the responsibility for the inspection of corporate security advisors. {#sec-17-csr-20-5.115 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.115}
(1) Standards of Conduct. Corporate security advisors are required to conduct themselves at all times in a manner reflecting the highest standards of professional behavior. Any conduct on the part of a corporate security advisor which, in the judgment of a commissioned officer of this department, may be harmful to the good order, discipline or reputation of this department, may be punished by oral or written reprimand, suspension for a designed period of time or permanent revocation of license.
(2) Field Inspections. All corporate security advisors are subject to unannounced field inspections by officers of the St. Louis Metropolitan Police Department to insure that the corporate security advisor is in compliance with the provisions of this chapter.
This inspection will determine that the corporate security advisor has— (A) In his/her possession a proper identification (ID) card issued by the St. Louis Board of Police Commissioners; and (B) Not disregarded or deviated from this
chapter.
(3) Failure to Cooperate. Failure by any corporate security advisor to cooperate with a commissioned member of the St. Louis Metropolitan Police Department in the inspection procedures will constitute grounds for disciplinary action.
(4) Arrest of Corporate Security Advisor. If it is discovered during an inspection that a corporate security advisor has been arrested for a felony, misdemeanor or infraction involving moral turpitude or license violation, the corporate security advisor’s ID card will be seized and forwarded to the private security
section of the St. Louis Metropolitan Police Department with a copy of the arrest report.
The corporate security advisor shall be suspended and shall not be permitted to continue working until the matter is resolved by the private security section. If arrested for a felony violation, a formal suspension number will be obtained in the normal manner. The private security section will conduct any necessary investigation or make notification to the jurisdictional agency.
Feb. 26, 1993.
17 CSR 20-5.125 Complaint/Disciplinary Procedures Board of Police Commissioners has established rules of conduct and the procedures for the investigation of and the discipline for breaches of these rules. {#sec-17-csr-20-5.125 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.125}
(1) Complaints. Investigation of complaints against a licensed corporate security advisor will be handled by the private security section. The results of the investigation will be forwarded in the form of a report with recommendations through the chain of command to the board. The board will render a judgment concerning disciplinary action. The individual concerned and his/her employer will be informed by the private security section of all decisions made by the board of police commissioners.
(2) Reprimands. In instances of misconduct not sufficiently serious to merit suspension or revocation of a license, the license holder may be reprimanded orally or in writing. Any violation of the provisions of these rules may be grounds for a reprimand. Reprimands will be a factor considered upon a licensee’s application for a renewal of license or upon the occasion of any later disciplinary action.
There is no appeal from a reprimand.
(3) Suspension. In instances where a corporate security advisor is arrested for a felony, the commander or watch commander of the district or any officer acting in that capacity will suspend the corporate security advisor.
(A) In instances where a corporate security advisor is arrested for a crime or ordinance violation, other than a felony, the commander or watch commander of the district, or any officer acting in that capacity, has the choice of suspending the corporate security advisor or contacting the commander of the private security section, who will determine whether or not the corporate security advisor is to be suspended. If unable to contact the commander of the private security section, the report of the incident will be forwarded to the private security section at the earliest opportunity.
(B) Whenever a licensed corporate security advisor is suspended, s/he shall surrender his/her identification (ID) card until final disposition by the commander of the private security section or the board, as may be appropriate.
(C) Where no warrant is issued or no cause for discipline is apparent, the corporate security advisor’s return to duty shall be determined by the commander of the private security section.
(4) Revocations. A license may be revoked by order of the board for any violation of the rules.
(5) Notification/Appeal. Whenever the license of a corporate security advisor is suspended or revoked by the board, the private security section shall notify the licensee in writing of the action. The licensee shall have ten (10) days from the date of notification to request a review of the disciplinary action.
The request shall be directed in writing to the commander of the private security section.
The request shall state all pertinent information in support of the corporate security advisor’s position and in rebuttal of the board’s decision.
(A) The commander of the private security section may meet with the licensee and discuss his/her request for review, shall conduct a further investigation of the disciplinary case, or both.
(B) The commander, within thirty (30) days of appeal, shall render a decision affirming or reversing the original disciplinary action. The commander then shall send his/her decision and report to the board for final action.
(C) Judgment and decision of the board concerning appeals in disciplinary matters are final, except as otherwise may be provided by law.
(6) Disciplinary Action or Punishment.
(A) The board retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension and revocation.
(B) Licensed corporate security advisors, whether on or off duty, are subject to disciplinary action for violations of these rules.
Offenses meriting disciplinary action shall include, but not be limited to, the following:
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Convictions of a felony, misdemeanor or city ordinance violation;
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Intoxication or drinking on duty;
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Possession or illegal use of narcotic or potent drugs (controlled substance);
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Assumption of police authority when not on duty;
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Conduct contrary to the public peace and welfare;
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Interference with any police officer engaged in the performance of his/her duties;
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Overbearing or oppressive conduct during the performance of duty;
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Failure to obey a reasonable order by an officer of the St. Louis Metropolitan Police Department while conducting official business as a corporate security advisor;
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Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;
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The carrying of any unapproved/unauthorized weapon while performing the duties of a corporate security advisor;
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Failure to have his/her weapon(s) inspected by the department armorer, not having a record of his/her weapon(s) on file with the private security section, or both;
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The carrying of more than one (1) authorized weapon on duty;
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Failure to carry a valid ID card issued by the St. Louis Metropolitan Police Department while on duty;
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Serving or acting as a licensed corporate security advisor for any agency or other business entity other than the one listed on his/her ID card(s), without the prior approval of the private security section as specified in this chapter;
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Work as a corporate security advisor while under suspension;
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The illegal carrying of a firearm when not actually engaged in duty as a corporate security advisor;
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Any conduct constituting a breach of security or confidence;
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Neglect of duty;
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Failure to notify the private security
section;
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Failure to aid in prosecution;
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Alteration or defacing of the ID card; and 22. The carrying of unauthorized nonlethal weapons, protective devices, or both.
(7) Categories of Discipline. The board retains final authority in all disciplinary matters, including reinstruction and firearm training, verbal reprimand, written reprimand, suspension and revocation. Judgments and decisions of the board are final.
(8) When a license is ordered revoked by the board, the ID card/license will be surrendered and all power to act as a corporate security advisor ceases.
(9) Individuals who resign while under investigation will not be considered for a license in the future.
Feb. 26, 1993.
17 CSR 20-5.135 Contract Security Agency {#sec-17-csr-20-5.135 omnilex-key=us-mo-regs-official--title-17--17 CSR 20-5.135}
PURPOSE: This rule provides for the provision of corporate security advisor service by authorized contract security agencies.
(1) A contract security agency that meets the criteria set forth in this chapter for licensing of a corporate security advisor may provide a licensed corporate security advisor to perform duties for an employer or individual who does not meet the criteria for licensing.
(2) The employees of the authorized contract security agencies each shall be subject to all of the provisions of this chapter and each shall be individually licensed as a corporate security advisor, subject to all disciplinary action mentioned in this chapter for any breach or neglect of any rule in this chapter.
(3) The contract security agencies authorized by subsection 17 CSR 20-5.035 (1)(A) shall be fully responsible for the acts of its corporate security advisor/employees when providing services and the board shall have the
10CODE OF STATE REGULATIONS
Feb. 26, 1993.
History
- authority to suspend or revoke the authority of a contract security agency referred to in 17 CSR 20-5.035(1)(A) to provide services because of any act or omission in contravention of these rules an individual corporate security advisor employed by the company.
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