BSIS Isn’t The Only Regulatory Chief in Town: Understanding Local City Permit Requirements and Regulatory Authority Over PPOs
Wendy Pham, Esq., Bradley + Wellerstein, CALSAGA Legal Advisor
Private Patrol Operators (PPOs) know that operating a security business in California requires licensing compliance with the Bureau of Security and Investigative Services (BSIS). What many PPOs don’t realize, however, is that compliance with BSIS regulations isn’t always enough.
Depending on which city you operate in and the type of patrol service being conducted, local cities may also have regulatory authority over your PPO.
Local Cities Have Police Power To Regulate Public Spaces
The California legislature grants municipalities broad police powers to enact local ordinances over matters involving the health, safety, and welfare of its residents. Many cities throughout the state require PPOs with security guards that patrol public streets, sidewalks, and/or public areas, to obtain a city permit and/or register with the local law enforcement authorities prior to operating on public property or streets.
While cities are not allowed to require any additional fees for the permit or impose regulations that are more stringent than what is required under BSIS, it is important to understand the scope of their regulatory authority to ensure proper compliance. In addition to requiring PPOs to apply and register for a city permit, most cities also have regulatory authority over security guard employees, uniforms, patrol vehicles, insurance, and incident response and reporting requirements.
For example, under Los Angeles Municipal Code §52.34, it is unlawful for a private patrol officer to perform street-patrol duties in Los Angeles without both a valid Guard Card and a permit from the Los Angeles Board of Police Commissioners. The permit is valid for one year from the date of issuance and must be renewed annually. Pursuant to LAMC §52.34, a licensed PPO must comply with the following before operating on public streets within Los Angeles:
- Obtain City of Los Angeles Private Patrol Service Permit,
- Register both the PPO and individual security guard employees working as Street Patrol Officers with the Board of Police Commissioners,
- Report employee roster and service territory,
- Provide proof of insurance,
- Obtain approval for uniforms, badges, patches, vehicles, and firearms, and
- Comply with incident reporting requirements involving felonies, specified misdemeanors, discharge of a firearm and/or weapon, and private person’s arrest made by a security guard to the Los Angeles Police Department.
Los Angeles Is Not The Only City
The requirement for a city permit is not unique to the city of Los Angeles. Many cities throughout the state also enforce similar local regulations on PPOs and private guards operating in public spaces. While there is not a registration fee for the city permit, the mistake of not applying for one can be costly.
A PPO that fails to register for a city permit while providing street patrol services can be ordered by the city or its chief law enforcement office to immediately cease all work on public property and be denied future permits. For PPOs that already have city permits, violation of any parts of the code or other compliance requirements may result in suspension and/or revocation of the permit. Minor violations can also result in citations and monetary fines
Although not comprehensive, the following cities have enacted a similar city ordinance: Anaheim, Berkeley, Burbank, Fremont, Fresno, Fullerton Lynwood, San Diego, South Gate, South Pasadena, Sacramento and Tustin.
Protect Your Business!
Even if you are properly licensed as a PPO with BSIS, operating without a valid city permit puts your business, employees, and clients at risk. Failure to apply and register for a permit with the city or chief law enforcement office can result in citations, administrative fines, and loss of business opportunities. If your PPO provides uniformed street-patrol services, contact Bradley + Wellerstein for guidance on how to remain in compliance with BSIS and city and local regulations
Wendy Pham is an Associate Attorney on the Business & Licensing Team at Bradley + Wellerstein LLP. Her practice focuses on corporate governance, compliance, and business licensing. Ms. Pham supports security businesses of all sizes navigate California’s complex regulatory scheme and delivers practical solutions to their toughest challenges.
