DEFINITIONSIn this section and in sections twenty-three to thirty, inclusive, the following words shall have the following meanings unless a different meaning is clearly required by the context:-"Licensee", Any person licensed under section twenty-five."Private detective business", The business of private detective or private investigator, and the business of watch, guard or patrol agency."Private Detective" or "Private Investigator", a person engaged in business as a private detective or private investigator, including any person who, for hire, fee, reward or other consideration, (1) uses a lie detector for the purpose of obtaining information with reference to the conduct, integrity, efficiency, loyalty or activities of any person or (2) engages in the business of making investigations for the purpose of obtaining information with reference to any of the following matters, whether or not other functions or services are also performed for hire fee, reward or other consideration or other persons are employed to assist in making such investigations:-(a) Crime or other acts committed or threatened against the laws or government of the United States or any state of the United States;(b) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person;(c) Libels, fires, losses, accidents, or damage to, or loss or theft of, real or personal property;(d) Evidence to be used before any investigating committee, board of award, or board of arbitration, or in the trial of civil or criminal cases."Watch, guard or patrol agency", the business of watch, guard or patrol agency, including the furnishing, for hire or reward, of watchmen, guards, private patrolmen or other persons to protect persons or property, to prevent the theft or the unlawful taking of goods, wares or merchandise, or the misappropriation or concealment thereof or of money, bonds, stocks, notes or other valuable documents, papers or articles of value, or to procure the return thereof, whether or not other functions or services are also performed for hire or reward, or other persons are employed to assist therein. The provisions of this section shall not apply to an agent, employee or assistant of a licensee, to any corporation, if its resident manager, superintendent or official representative is a licensee, nor to the following:-1. No person shall engage in, advertise or hold himself out as being engaged in, nor solicit private detective business or the business of watch, guard or patrol agency, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in section twenty-five.If a licensee falsely states or represents that a person is or was in his employ, such false statement or representation shall be cause for revocation of his license.Whoever falsely states or represents that he has been a licensee or employed by a licensee shall be punished by a fine of not less than fifty nor more than five hundred dollars.Failure to comply with the provisions of this paragraph shall constitute cause for revocation of such license.The colonel of the state police may annually renew and may at any time for cause, after notice and a hearing, revoke, any such license. The fee for an original license and for a renewal of any license shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven for the filing thereof.Any person who is or has been an employee of a licensee and any licensee who divulges to anyone other than to his employer or as his employer shall direct, except before an authorized tribunal, any information acquired by him during such employment in respect to any of the work to which he has been assigned by such employer, and any such employee who willfully makes a false report to his employer in respect to any such work, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
No licensee shall enter, or cause any person to enter, any place of employment for any purpose having to do with the organizing or organization of employees in said establishment, or any purpose having to do with hours of labor, wages or salaries paid, or conditions of employment in such establishment or its branches or subsidiaries or related units, or to disseminate propaganda of any sort among employees in such establishment, or to be concerned with labor conditions of employees as a group, nor shall any licensee or agent or employee of a licensee pose as an employee in any such establishment for any of the aforementioned purposes.
An application for a renewal shall be on a form furnished by the colonel. If a person fails to apply for a renewal of a license within six months after the expiration thereof he shall pay for a renewal the fee herein provided for an original license.
Each licensee shall give to the commissioner a bond in the sum of five thousand dollars, executed by the applicant as principal and by a surety company authorized to do business as such in the commonwealth as surety.
Whoever violates any provision of this section shall be punished by a fine of not less than two hundred nor more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Such application shall include a certification by each of three reputable citizens of the commonwealth residing in the community in which the applicant resides or has a place of business, or in which the applicant proposes to conduct his business, that he has personally known the applicant for at least three years, that he has read the application and believes each of the statements made therein to be true, that he is not related to the applicant by blood or marriage, and that the applicant is honest and of good moral character.
The applicant, or, if the applicant is a corporation, its resident manager, superintendent or official representative, shall be of good moral character, and, unless such application is for a license to engage in the business of watch, guard or patrol agency, shall have been regularly employed for not less than three years as a detective doing investigating work, a former member of an investigative service of the United States, a former police officer, of a rank or grade higher than that of patrolman, of the commonwealth, any political subdivision thereof or an official police department of another state, or a police officer in good standing formerly employed for not less than ten years with the commonwealth, or any political subdivision thereof or with an official police department of another state. TO WHOM LICENSE MAY BE GRANTED; TERM AND CONTENT; REVOCATION; RENEWAL.