Mo. Code Regs. tit. 17 § 20-5.035
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 17 CSR 20-5.035 - LicensingPURPOSE: 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:1. A statement by the employer of the total number of employer's employees at locations in Missouri; and2. 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;2. 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;3. Employer is insured as stated in paragraph (1)(B)2.; and4. 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 agent and have completed a specialized training course in personal protective service while in the employ of-1. The Federal Bureau of Investigation;2. The United States Secret Service;3. The United States Department of State, Office of Diplomatic Security;4. The United States Air Force Office of Special Investigations;5. The United States Naval Investigative Services; and6. 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.1. 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.2. 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.1. An applicant who refuses to undergo urinalysis testing shall be denied both initial licensing and renewal licensing.2. 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.3. 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;2. A letter from his/her employer requesting renewal; and3. 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;2. 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; and3. 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. AUTHORITY: section 84.340, RSMo 1986.* Original rule filed June 30, 1992, effective Feb. 26, 1993. *Original authority: 84.340, RSMo 1939.