Ordinance on Private Police-Like Activities - Authorization

1. A permit from the police command is required for anyone who professionally fulfills security service contracts or performs other order and security tasks, specifically

a) investigates the personal matters of third parties, observes their behavior, and provides information about it;

b) guards individuals or the property of others;

c) assumes police-like duties at events or enterprises.

2. The requirement for a permit also applies to employees and agents.

1. No Authorization Required

a) Persons who are authorized under the law of their canton of residence to perform private police-like activities and need to extend this activity to the canton of Appenzell A.Rh. for no more than one month;

b) Persons being trained by an authorization holder; the trainer must report them to the Police Command every six months starting from the date of hiring;

c) Private personal and property protection organizations, provided their activities are limited to surveillance within private premises.

1. The authorization is personal and non-transferable.

1. The application for the issuance of a permit must be submitted to the police command.

2. The following must be attached

a) a curriculum vitae;

b) an extract from the criminal register;

c) an extract from the debt enforcement and bankruptcy register;

d) proof of liability insurance;

e) an extract from the commercial register;

f) information on the nature, purpose, and scope of future business activities;

g) information on previous professional activities;

h) residential information for the past 5 years;

i) certification of any examination taken outside the canton.

1. The permit is granted subject to Article 6 if

a) The business owner, management, and personnel provide sufficient assurance for the proper fulfillment of assumed surveillance, order, and security tasks;

b) The applicant demonstrates the completion of a liability insurance policy that is adequate in type and scope for the business.

2. Anyone who investigates the personal affairs of third parties, observes their behavior, and provides information about it must also possess sufficient legal knowledge, particularly in criminal, procedural, police, and weapons law. The police command may conduct an examination or recognize an equivalent examination from another canton.

**1. The Approval Shall Be Denied**

The approval shall be denied if the applicant has been convicted of a crime or an offense resulting in a custodial sentence and the entry in the criminal record has not been expunged.

**2. Discretionary Denial of Approval**

Approval may be denied if the applicant is deemed untrustworthy, particularly if within the last ten years

a) they have been convicted of a criminal offense;

b) they have repeatedly caused the initiation of criminal proceedings through culpable conduct;

c) they have been subjected to a significant educational measure;

d) they have been unsuccessfully seized or declared bankrupt.

**3. Pending Criminal Proceedings**

If the applicant is involved in criminal proceedings for a crime or offense, the application shall not be processed.

1. The authorization requires annual renewal. The application, along with the enclosures pursuant to Art. 4 para. 2, must be submitted to the police headquarters at least one month before the authorization expires.

1. The Police Command shall revoke the license if

a) the conditions for issuance are no longer met;

b) the holder repeatedly or seriously violates the provisions of this ordinance or an obligation or condition imposed with the license.

2. In minor cases, a warning may be issued.

1. The revocation lasts at least six months.

2. The reissuance of the permit requires a new authorization procedure.

1. Fees are levied in accordance with the Ordinance on Fees of the Cantonal Police.

1. The police command maintains a register of license holders, employees, and agents.

2. It provides third parties with information about the existence of a license upon request.

1. License Holders Must Refrain From Including the Following on Business Documents, Identification Cards, Business Signs, Advertisements, and Directories

a) Indications that Suggest Public Authority;

b) Additions such as "State Certified" or "State Recognized";

c) Designations That May Lead to Confusion with Public-Law Institutions.

2. It Is Permissible to Indicate That the Activity Is Carried Out With Police Authorization.

1. Persons who perform a police-like activity within the meaning of Article 1 shall be issued an identification card by the police command.

2. Upon cessation of the activity, the identification card must be returned.

1. If uniforms are used, they must be designed uniformly. The uniforms of different organizations must be clearly distinguishable from each other and from public uniforms.

2. In cases of misconduct, the police command makes the final decision.

1. Without special authorization, weapons or items requiring permits may not be carried during the fulfillment of tasks. The provisions of the Federal Weapons Act concerning permits for the acquisition or carrying of weapons remain reserved.

1. Whoever intentionally or negligently engages in a commercial capacity as a private investigator or detective without authorization or performs surveillance assignments and other order and security tasks, or otherwise violates the provisions of this regulation, shall be punished with a fine of up to CHF 40,000.

1. The Regulation on the Fees of the Cantonal Police is amended as follows

1. The ordinance shall enter into force on July 1, 2004.