§ 8-392. Licensing procedures and qualifications.

(a)

Any person engaging in an alarm business or installing, servicing, or monitoring alarm systems in the city or in unincorporated county territory not required to be licensed under the state alarm contractors licensing law shall apply to the metro alarm administrator for a license to operate as an alarm business. Such application shall be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official and the designated qualifying agent, as is appropriate for the form of the business seeking the license, and shall be approved by the Metro Alarm Review Board.

(b)

An alarm business which is not required to be licensed under the state alarm contractors licensing law, shall make written application to the board on such forms as are prescribed by the board. The application shall be accompanied by an application fee as jointly set by the Memphis City Council and the board of county commissioners. The fee as of the effective date of the ordinance from which this article is derived shall be $500.00. The alarm system business shall:

(1)

Have a regular place of business at a permanent fixed location;

(2)

Have a business license or license for the city and county in which the business is located;

(3)

Provide proof of insurance as required;

(4)

Submit an application for certification with the notarized signature of a qualifying agent licensed by the board;

(5)

Submit applications for registration of all employees on forms provided by the board as required and accompanied by the registration fees as required; and

(6)

Submit applications for certification on forms as prescribed by the board. The application shall disclose any and all persons, firms, associations, corporations, or other entities that own or control a ten percent or greater interest in the applicant. At the Metro Alarm Review Board's discretion, certification may be withheld until such information is satisfactorily produced and verified.

(c)

No person shall do business under this article unless the business entity has in its employ a designated qualifying agent who meets the requirements for licensing by the board and who is, in fact, licensed under the provisions of this article. The designated qualifying agent, who is licensed under this article, shall be in a management position and be responsible for overseeing the quality of operations of the alarm systems business/contractor.

(d)

In the event that the designated qualifying agent upon whom the business entity relies in order to do business ceases to perform such agent's duties as designated qualifying agent, the business/contractor entity shall notify the board within ten working days. The business/contractor entity shall obtain a substitute designated qualifying agent with 30 days after the original designated qualifying agent ceases to serve as such agent unless the board, in its discretion, extends this period for good cause for a period not to exceed three months.

(e)

The certification application shall designate at least one designated qualifying agent who is licensed. No designated qualifying agent who has been so designated may serve on behalf of or be employed by any other business entity.

(f)

No alarm systems business/contractor may participate in a joint venture to provide equipment or services which require certification under this article with any uncertified person, firm, association or corporation.

(g)

No alarm systems business/contractor shall retain any unregistered employees.

(h)

No person shall act as a designated qualifying agent without a valid license issued by the Metro Alarm Review Board.

(i)

No alarm business/contractor or designated qualifying agent shall act as an alarm system business/contractor under a certification without having a valid license in the category for which business is sought or work is to be done.

(j)

No person shall sell and install, service, monitor, or respond to alarm signals, signal devices, burglar alarms, television or still cameras used to detect burglary, breaking and/or entering, intrusion, shoplifting, pilferage or theft in violation of this article or any rules adopted hereunder.

(k)

The alarm business license application shall be accompanied by a nonrefundable application fee of $500.00, with renewal annually of $200.00.

(l)

Insurance.

(1)

No certification shall be issued under this article unless the applicant files with the Metro Alarm Review Board evidence of insurance as follows: A policy of liability insurance providing the following minimum coverage:

a.

$100,000.00 because of bodily injury or death of one person as a result of the negligent act of the principal insured or the principal insured's agents operating in the course and scope of such agent's employment; and

b.

$100,000.00 because of injury to or destruction of property in the course and scope of such agent's agency.

(2)

Every alarm business/company shall at all times maintain on file with the board certificates of insurance as required by this article, and upon failure to do so, the certification of such business/company shall be suspended and not reinstated until the insurance certificates are filed.

(Code 1992, § 7-307; Ord. No. 208, § 1, 3-22-1999; Ord. No. 260, §§ 4, 6, 1-22-2002; Ord. No. 313, § 1, 3-13-2006)