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CI'IO OF SAN BERNARDIC)) - REQU",," FOR COUNCIL AC\)oN
From: Donald J. Burnett, Chief of PolicESubject: Special Officer Permits
Dept: Police
Date: October 10, 1986
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Synopsis of Previous Council action:
None
Recommended motion:
That the recommendation of the Chief of Police relative to the omission
of certain language found in Sections 5.12.150 and 5.12.160 of the
San Bernardino Municipal Code with respect to special officer permits,
be referred to the Legislative Review Committee.
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Signat ..
Contact person: Donald J. Burnett. Chief of Police
Supporting data attached: yes
Phone: 5034
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
F inanee:
Council Notes:
75-0262
Agenda Item No.
~
e,<:JTY OF SAN BEeNARDINOO- MEMORANDUO
To Ray Schweitzer, Acting City
Subject Speci a 1 Offi cer Permits
AcH".J:.rAlfltf,H. OFF.
1986 OCT -7 ,!,if II: 24
Donald J. Burnett,
From Chi ef of Pol ice
Date
Approved
Date
October 3, 1986
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tcw;Y
Currently the Municipal Code deals with special officers in Sections
5.12.150 through 5.12.190. It is my desire to OMit some language found
in Sections 5.12.150 and 5.12.160.
That 1antuage requires the Chief of Pol tee to approve persons as spectal
offtcers. The language also reve,a1S t,hat the ", P, rova1 of the Chtef of
Police does not attest to the Ql!uU''fcations OJ fndhtdua1s and tn no
'!lay applies aSSllllptton of ltabiltty on tbe ,Plrt of the ctty fol:', a
special offtcer's acttons or fli1u....,to act.h reveals thlt the iot.~
pa11lose for requt rtng approval bJ the Chief' of Poltee is to '...
compltance by the ltcensee wtth thts chapter~
I do not see how tAe approval of t_ Cht.f of P9,Uca assures co..11allce.
It only insures COIIpliance for those who appNrto ultdfn tllwf"~l
offtcer permtt __tcb is cur'..... tssued. It does not tnsure cOlllp 'e
'or those who do not cOlllP1y. All' special officers by this ordinance are
required to have the minimum training as provided for in the California
Business and Professions Code, Section 7544.2 and possess a guard
registration card issued by the California Department of Consumer
Affairs Collection and Investigative Services Division. In my opinion,
they have qualified the individual by issuing the individual a guard
registration card. We have the ability to enforce this ordinance by
checking special officers at the premises where they are working. If
they possess the guard registration card issued by the Rureau of
Consumer Affairs, then they comply with the ordinance. If they do not,
then their employer is in violation of this ordinance.
As I examine the Police Department's procedures, I intend to seek
optimum efficiency and effectiveness by eliminating redundancy and
streamlining activities. The Poltce Chief's approval of special
officers is redundant and unnecessary. We handl e approximately 30
persons per year for this task and receive no fees other than those fees
we collect for the Department of Justice. We do an unnecessary
background whi ch takes staff time as well as process i ng the i ndi vi dua 1
when the person appears and when the person returns for the speci al
offi cer permit.
RECOMMENDATION:
I recolllllend that I be allowed to pr'!sen;; thts ordinance change to the
Legislative Revtew CQR8tttee fer taelr revt..,,,, approval. The change
includes removtng the last sentence from Sectton 5.12.150 and removing
t~henti, section numbered 5.12.160.
V7
D n ld J. Burnett,
Chief of Police
cc: Loren McQueen, City Attorney's Office
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ENTERTAINMENT - DANCES
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fifteen days after personal service of such order, or
seventeen days after the order is deposited in the course of
transmission in the United States mail. files an appeal from
the order in the manner set forth in Section 5.] 2.130.
F. Where an appeal is taken, the order shall be stayed pending
a determination thereon by the Mayor and Common
Council which shall act upon the same in the manner set
forth herein. Such determination shall be final and
conclusive.
(Ord. MC-294, 8-1-83: Ord. MC-231, 12-20-82: Ord. 3916 ~ 1
(part), 1980: Ord. 2813, 1967; Ord. 2794 (part), 1967; Ord.
763 ~ 41 (g), 1920.)
5.12.150 Special officer required - .Duties.
Each person. firm. corporation or association operating,
conducting or carrying on a public dance hall, dancing club,
dine and dance club, night club, or public .lance under the
provisions of this chapter shall employ. at his, her or its own
expense, a man and a woman to be deSignated as special
officer.;, who shall be in attendance at all times that dancing is
allowed. permitted or conducted at the establishment for which
the license is issued. Each special officer shall, at a minimum,
have training in powers of arrest as specified in California
Business and Professions Code Section 7544.2 and shall possess
a guard registration card issued by the California Department of
Consumer Affairs Collection and Investigative Services Division.
Such special officers shall keep the peace at such dances and
shall enforce all laws applicable thereto, and shall, upon request
of the Chief of Police, make a written report to the Chief of
Police respecting any incident or disturbance at said establish-
ment. The employment of the special officers shall be subject
to the approval of the Chief of Police, who shall require the
furnishing of the special officers' names and addresses, their
previous felony and misdemeanor convictions and any addi-
tional relevant information. (Ord. MC-294, 8-1-83.)
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5.12.160 Approval of special officers - Nonliability of City.
The approval of the Chief of Police of the employment of a
special officer is not an approval of his or her qualifications to
serve in such capacity and in no way implies any assumption of
239
(San Bernardino 11.83)
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BUSINESS LICENSES AND REGULATIONS
liability on the part of the City for a special officer's acts or
failure to act. The aole purpose for requiring approval by the
Chief of Police is to insure compliance by the licensee with this
chapter. (Ord. MC-294, 8-1-83; Ord. 3484 (part), 1975; Ord.
2794 (part), 1967; Ord. 763 ~ 41(i), 1920.)
5.] 2.170 Special officers - Uniform and insignia regulation.
A special officer shall not be permitted to wear an official
police uniform, badge or insignia or any uniform, badge or
insignia that may be mistaken for, or confounded with. such
official police uniform, badge or insignia. A special officer who
is. not in officially approved uniform shall not possess any type
of badge, or other type of special officer identification except
as issued or approved by the Chief of Police. A special officer
shall not carry or have in his or her possession a firearm,
wooden club, baton. black jack, slingshot, billy, sandclub,
sandbag, sawed off shotgun, metal knuckles, dirk, dagger, or
tear gas weapon as defined in Penal Code Section 12402, except
when required by the rules and regulations of the Police Depart-
ment, or when the special officer has complied with California
Business and Professions Code Sections 7544 through 7547.26.
(Ord. MC-294, 8-1-83.)
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5.12.180 Waiver of requirement for special officers.
In any case where the Chief of Police finds that the preser:
vation of peace. health or morals does not require the atten-
dance of special officers in any public dancing hall. dancing
club, dine and dance club, night club, or at a public dance, as
the same are defined in Section 5.12.010, the Chief of Police. in
the exercise of his or her discretion, is authorized to waive the
requirement for special officers. Any such waiver shall be in
writing and shall be maintained on the premises of such public
dancing hall, dancing club, dine and dance club, night club. or
at a public dance. Upon demand, the owner or operator of the
facility required to be licensed shall immediately produce and
show such written waiver to any person authorized to enforce
this section. If, at any time after such waiver has been granted.
the Chief of Police determines that the public peace, health, or
morals requires the attendance of special officers, then the
Chief of Police shall so notify the licensee of such establishment
in writing, and require the return of the written waiver to his
(San Bernardino 1-8S)
240
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ENTERTAINMENT - DANCES
office. Thereafter the special officers shall be required to be in
attendance in accordance with the provisions of this chapter.
No waiver shall be granted pursuant to the prOvisions of this
section for a period of longer than one year. (Ord. MC407,
9-17-84; Ord. MC-294, 8-1-83.)
5.12.190 Previous law enforcement experience required _
When for special officers.
The Chief of Police may require, in special instances when
law enforcement problems may be reasonably anticipated,
that the special officers be persons with previous law
240-1
(S.n Bernardino 1-85)
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FIRE, REMOVAL OR CLOSING-OUT SALES
enforcement experience and with current certificate, as
specified in Section 5.12.0 I 0 subsection F. In such event, the
Chief of Police shall notify the licensee of such requirement in
writing. (Ord. MC-294, 8-1-83.)
5.12.200 Hours: dancing prohibited during.
It is unlawful for any person, fl11Tl, corporation or associa-
tion or association of persons to operate, conduct or carry on
a public dance, public dance hall, dancing club, dine and dance
club, night club or similar establishment between the hours of
two a.m. and eight a.m. of anyone day; provided, however, that
the restriction herein imposed applies only to permittinll or
allowing the public to dance and to the providing of entertain-
ment of any sort other than mechanical music between such
hours and is not deemed to prevent or make unlawful the
serving of meals or refreshments between such hours. (Ord.
MC-294,8-1-83.)
Chapter 5.16
FIRE, REMOVAL OR CLOSING-OUT SALES'
Sections:
5.16.010 Defmitions.
5.16.020 Examination and investigation of records and
accounts.
5.16.030 Pennit - Required.
5.16.040 Pennit - Application - Fee.
5.16.050 Pennit - Application - Endorsement - Record.
to be kept.
5.16.060 Pennit - Application - False statements.
5.16.070 Permit -Issuance.
5.16.080 Permit - Supplemental to original permit.
5.16.090 Permit - Duration.
5.16.100 Permit - Revocation - Grounds and procedure.
5.16.110 Removal of goods - Loss of identity.
5.16.120 Certain goods not to be sold.
5.16.130 Purchase of goods prior to sale.
5.16.140 Addition to stock not permitted.
5.16.150 Advertising - Permit required.
5.16.160 Exemptions.
5.16.170 Applicability of chapter.
5.16.010 Definitions.
A. For the purpose of this chapter only, "fITe, removal or
241/245
(San Bernardino 11-83)
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