PRIVATE SECURITY SERVICES

Biloxi Code of Ordinances ch. 12, art. VIII

in effect

Biloxi Code of Ordinances § 12-8-1 Definitions.

Sec. 12-8-1. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Private security guard means a person employed by or as a private security service, in uniform or plain clothes, who has the duty of maintaining law and order and discouraging crime and disorderly conduct, performing this duty for a fee or for wages at any bank, restaurant, public entertainment, dance or other business or event. However, the term "private security guard" does not include members of the city police reserve acting in an official capacity, nor does it include loss prevention employees hired by retail merchants specifically for in-house security. The term "private security guard" shall also mean any members of the city police department or members of the city police reserve so licensed, while not acting in an official capacity and while not on scheduled police duty. Private security service means any service which purports to furnish or does furnish to members or subscribers, for a consideration or otherwise, any of the following: patrolling any area in the city, guarding or watching any property, or performing any service usually and customarily performed by the regular patrolmen of the police department of the city. (Code 1959, § 11A-9-1; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-2 License required.

Sec. 12-8-2. - License required. It is hereby declared to be unlawful for any person, either as principal or agent, to engage in the business of conducting or maintaining or soliciting business for any private security service without first obtaining a license from the city and without paying the annual license fee as provided for in this article. Likewise, it shall be unlawful for any person to act as a private security guard without first obtaining a license from the city and without paying the annual license fee as provided in this article. (Code 1959, § 11A-9-3)

Biloxi Code of Ordinances § 12-8-3 Application for license—Private security service.

Sec. 12-8-3. - Application for license—Private security service. Licenses for a private security service, whether an initial license or a renewal of an existing license, shall be applied for and issued pursuant to the following provisions: (1) No license to engage in the business of operating a private security service shall be issued until an application therefor has been completed and filed with the department of public safety, and no private security service shall engage in the business of providing guard services within the limits of the city until such license has been issued. (2) The department of public safety shall provide to an applicant for a private security service license a form requesting the information specified in this subsection, which shall be completed and filed with the department of public safety by each applicant for such license, accompanied by payment of a $25.00 license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information: a. The kind of business to be operated. b. The trade name, or any other name, if any, under which the applicant does business and proposes to do business within the city. c. The principal place of business and telephone number of such applicant. d. The legal name of the applicant for the license. If the applicant is a corporation, the application shall include the date upon which such corporation was registered pursuant to the laws of the state, whether such corporation remains in good standing, the name of its registered agent, and the address of its registered office if the address is different from the address of the location of the business. If the business is not a corporation, the application shall include the name, home address and home telephone number of all persons having an ownership interest in such business. e. The addresses of any residence of the applicant within 90 days preceding the date of the application. f. The home address of the applicant and the telephone number, and length of time that the applicant has been a resident of such address. g. The social security and federal employer's identification number of the applicant. h. The financial status of each applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to such judgments. i. The names and addresses of all persons or legal entities owning or controlling the applicant, including but not limited to all partners, principals or managers, and also, if the applicant is a corporation, the officers, directors and shareholders holding at least ten percent of the stock of the corporation. j. A description of each vehicle proposed to be used by the business, including the make, model, year of manufacture, current state license number, the length of time such vehicle has been in use, and other distinguishing characteristics to be used to designate the applicant's vehicle which will be used in such business. k. A description of the area in which the private security service desires to operate. l. The names and addresses of persons and employees who do or will carry weapons in the course of their employment. m. Such further information as the chief of police and the director of public safety of the city may require. (Code 1959, § 11A-9-5; Ord. No. 1585, § 1, 4-30-90; Ord. No. 2575, § 1, 12-3-24)

Biloxi Code of Ordinances § 12-8-4 Same—Private security guard.

Sec. 12-8-4. - Same—Private security guard. A license for a private security guard, whether an initial license or a renewal of an existing license, shall be applied for from the department of public safety and issued and held pursuant to the following provisions: (1) No license to act as a private security guard shall be issued until an application therefor has been completed and filed with the department of public safety, and no person shall act as a private security guard within the limits of the city until such license has been issued. (2) The department of public safety shall provide to an applicant for a license a form requesting the information specified in this section, which shall be completed and filed with the department of public safety by each applicant for such license, accompanied by payment of a $25.00 annual license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information: a. The kind of license requested. b. The legal name of the applicant. c. The legal name of the private security service by which the applicant is employed. d. The addresses of any residences of the applicant within 90 days preceding the date of the application, including the home address of the applicant and the telephone number, and the length of time that the applicant has been a resident of such address. e. The names and addresses of all the applicant's present and previous employers within the past five years. f. The social security number of the applicant. g. Disclosure as to the applicant of all final convictions of any crime or misdemeanor, except traffic violations not involving driving under the influence of alcohol, occurring within five years of the date of such application. If such conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction and the jurisdiction in which the conviction was entered. h. A complete set of the applicant's fingerprints. i. At least three references. j. A recent photograph of the applicant. k. If the applicant proposes to carry a deadly weapon in the performance of his duties, the permit provided for by MCA 1972, § 97-37-7, which must be attached to the application. l. An acknowledgment that pursuant to this article the city shall have the power and authority to conduct an independent inquiry or investigation as to the information provided in the application. (Code 1959, § 11A-9-7; Ord. No. 1585, § 1, 4-30-90; Ord. No. 2575, § 1, 12-3-24)

Biloxi Code of Ordinances § 12-8-5 Same—Investigation; approval; appeals.

Sec. 12-8-5. - Same—Investigation; approval; appeals. (a) Upon receipt of the application for a license under this article, the chief of police shall cause an investigation concerning the character of the applicant to be completed by an appropriate agency designated by the chief of police. (b) The investigating agency shall submit a report and recommendation to the chief of police or his designated official. The reviewing official shall approve or disapprove the application, except that the application may not be disapproved without allowing the applicant a hearing before the reviewing official. Notice of the hearing must be provided to the applicant not less than ten days or more than 30 days prior to the hearing. The reviewing official's decisions shall be final except that an aggrieved applicant may appeal the decision to the city council. This appeal must be in writing and filed within ten days of receiving the reviewing official's decision. The decision of the reviewing official shall be in writing and shall be provided to the applicant. The city council, within 20 days after receipt of the appeal, shall review the information as presented to the reviewing official, and may affirm, reverse or send back for further review the decision of the reviewing official. The council's decision shall be in writing and filed with the clerk of the council, and shall be final. (Code 1959, § 11A-9-13; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-6 Issuance of license.

Sec. 12-8-6. - Issuance of license. (a) Security guard license. Upon approval of an application for a private security guard's license by the reviewing official or on appeal to the city council, the police department shall issue a license to the applicant, which shall bear the name, address, race, age, signature, fingerprints and photograph of the applicant, along with the name of the private security service for which the applicant works. (b) Security service license. Upon approval of an application for a private security service's license by the reviewing official or by the city council on appeal, the police department shall issue the appropriate license to the applicant. (Code 1959, § 11A-9-15; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-7 Term and renewal of license.

Sec. 12-8-7. - Term and renewal of license. Licenses issued under this article shall be valid for one year from their date of issuance. A license may be renewed, after a supplemental investigation by the police department, upon payment of a $6.00 review fee. (Code 1959, § 11A-9-17)

Biloxi Code of Ordinances § 12-8-8 Suspension or revocation of license.

Sec. 12-8-8. - Suspension or revocation of license. Upon information provided to the chief of police, the chief of police may take action to suspend or revoke any private security service or security guard license in accordance with this section. (1) Grounds. A license to operate as a private security service or private security guard shall be suspended or revoked: a. For conviction of the licensee of any federal or state law or city ordinance; or b. Upon proof that the holder or his employee, while acting in his capacity as a private security guard: 1. Was intoxicated or noticeably under the influence of intoxicating liquor; 2. Has disturbed the peace while so engaged; 3. Has carried a concealed weapon in violation of law; or 4. Has been convicted of any felony or misdemeanor, except for traffic offenses not including driving under the influence of alcohol. (2) Right to hearing. A hearing shall be held within 14 days of receipt of the written request pursuant to this section and service upon the license holder. No license shall be revoked until after a hearing has been held. (3) Conduct of hearing; appeals. All hearings held under this section shall be held before the chief of police or a reviewing official appointed by the chief of police. The licensee shall be given full opportunity to present his case and confront and cross examine opposing witnesses, and may be represented, if he desires, by an attorney. Within ten days after the hearing, the hearing officer shall issue a written opinion setting forth his decision and the grounds therefor. A copy of the decision shall be provided to the licensee in question. The decision of the hearing officer shall be final except that the aggrieved licensee may appeal the decision to the city council within ten days of receipt of the hearing officer's decision. The city council shall, within 20 days after receipt of the appeal, review the information as presented to the hearing officer, and may affirm or reverse the hearing officer's decision. (Code 1959, § 11A-9-19; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-9 Liability insurance.

Sec. 12-8-9. - Liability insurance. (a) Required; coverage. (1) Private security service. No license shall be issued under this article to a private security service unless there is in full force and effect a liability insurance policy in the amount of $300,000.00 as combined single limit coverage for bodily injury and property damage resulting from any one incident. The policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a licensee, or his servants or agents. The policy, or proof thereof, shall be filed with the department of public safety. The policy shall be issued by an insurance company authorized to do business in this state. (2) Private security guards. No license shall be issued to any private security guard where that individual is not employed by a private security service unless there is in full force and effect a liability insurance policy in the amount of $20,000.00 as combined single limit coverage for bodily injury and property damage resulting from any one incident. The policy shall inure to the benefit of any party who shall be injured or who shall sustain damage to property proximately caused by the negligence or wrongful conduct of a licensee or his servants or agents. The policy, or proof thereof, shall be filed with the department of public safety. The policy shall be issued by an insurance company authorized to do business in this state. (b) Notice of cancellation. The insurance policy, or proof thereof, filed with the department of public safety as required by this section shall contain a provision or endorsement to the effect that the policy will not be canceled for any cause by either party thereto unless and until 30 days' written notice is given to the chief of police and that such 30-day notice, when given, shall commence to run from the date notice is actually received at the office of the chief of police. (c) Failure to maintain insurance. Failure of any private security service, or private security guard when that individual is not employed by a private security service, to have liability insurance in force is cause for revocation and cancellation of the license issued under the terms of this article. (Code 1959, § 11A-9-21; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-10 Transfer of license.

Sec. 12-8-10. - Transfer of license. No license issued to any private security service may be sold, assigned, mortgaged or otherwise transferred. Likewise, no license issued to an individual private security guard may be sold, assigned or otherwise transferred. (Code 1959, § 11A-9-23)

Biloxi Code of Ordinances § 12-8-11 Disposition of revenue.

Sec. 12-8-11. - Disposition of revenue. All licensing fees collected by the department of public safety under this article shall be remitted to the city tax collector by procedures to be jointly developed by the director of the department of public safety and the city tax collector. All penalties or fines assessed and collected shall be remitted to the city tax collector. (Code 1959, § 11A-9-27; Ord. No. 1585, § 1, 4-30-90)

Biloxi Code of Ordinances § 12-8-12 Penalty for violation of article.

Sec. 12-8-12. - Penalty for violation of article. Any person violating any provision of this article shall be fined not less than $100.00 and not more than $1,000.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Code 1959, § 11A-9-25)

Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/code_of_ordinances?nodeId=COOR_CH12LIBURE_ARTVIIIPRSESEFetched: 11/1/2026