Minnesota Statutes
Chapter 326 — Employments Licensed By State
Section 326.32 — Definitions.

326.32 MS 1965 [Repealed, 1967 c 602 s 17] 326.32 DEFINITIONS.
Subdivision 1. Scope. As used in sections 326.32 to 326.339, the terms defined in this section have the meanings given them.
Subd. 1a. Armed with a firearm. An individual is "armed with a firearm" if at any time in the performance of the individual's duties the individual wears, carries, possesses, or has access to a firearm.
Subd. 1b. Armed with a weapon. An individual is "armed with a weapon" if at any time in the performance of the individual's duties the individual wears, carries, possesses, or has access to:
(1) a weapon other than a firearm; or
(2) an immobilizing or restraining device.
Subd. 2. Board. "Board" means the Board of Private Detective and Protective Agent Services.
Subd. 3. Board member. "Board member" means any person appointed as a member of the Board of Private Detective and Protective Agent Services.
Subd. 4. Chair. "Chair" means the board member designated by the board to act in the capacity of board chair.
Subd. 5. Board review. "Board review" means the process by which the board reviews and evaluates private detective or protective agent license applications.
Subd. 6. [Repealed, 1987 c 360 s 26]
Subd. 7. [Repealed, 1987 c 360 s 26]
Subd. 8. Applicant. "Applicant" means any individual, partnership or corporation who has made application for a private detective or protective agent license.
Subd. 9. License. "License" means a private detective license or a protective agent license.
Subd. 10. License holder. "License holder" means any individual, partnership or corporation licensed to perform the duties of a private detective or a protective agent.
Subd. 10a. Minnesota manager. "Minnesota manager" means the member of a partnership or corporation, who meets the qualifications for licensing as provided in sections 326.32 to 326.339. The Minnesota manager must be actively involved in the day to day management and supervision of the licensed activity in the Minnesota office.
Subd. 10b. Minnesota office. "Minnesota office" means an office maintained in Minnesota by a license holder for the conduct or solicitation of business when the principal place of business of the license holder is located outside the state of Minnesota.
Subd. 10c. Proprietary employer. A "proprietary employer" means an individual, partnership, or corporation that is not engaged in the business of providing protective agents but employs individuals to serve as security guards solely on the employer's property and its curtilage.
Subd. 11. Public member. "Public member" means a person who is not, nor ever was, a member of the profession or occupation being licensed, or the spouse of any such person or a person who has not, nor ever has had, a material or financial interest in either the providing of the professional service being licensed or regulated or an activity directly related to the profession being licensed.
Subd. 12. Qualified representative. "Qualified representative" means the member of a partnership or corporation, who meets the qualifications for licensing as provided in sections 326.32 to 326.339. The qualified representative must be actively involved in the day to day management and supervision of the licensed activity.
Subd. 13. Security guard. (a) "Security guard" means a person who wears or carries any insignia that identifies the person to the public as security, who is paid a fee, wage, or salary to do one or more of the following:
(1) prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass on private property;
(2) prevent or detect theft, loss, embezzlement, misappropriation, or concealment of merchandise, money, bonds, stocks, notes, or other valuable documents or papers;
(3) control, regulate, or direct the flow or movements of the public, whether by vehicle or otherwise, to assure protection of private property;
(4) protect individuals from bodily harm; or
(5) enforce policies and rules of the security guard's employer related to crime reduction to the extent that the enforcement falls within the scope of the security guard's duties.
(b) The term "security guard" does not include:
(1) an auditor, accountant, or accounting clerk performing audits or accounting functions;
(2) an employee of a firm licensed under section 326.3381 whose duties are primarily administrative or clerical in nature;
(3) a person employed by a proprietary company to conduct plainclothes surveillance or investigation;
(4) a person temporarily employed under statute or ordinance by political subdivisions to provide protective services at social functions;
(5) an employee of an air or rail carrier;
(6) a customer service representative or sales clerk employed in a retail establishment; or
(7) a person employed to perform primarily maintenance or custodial functions.
Subd. 14. [Renumbered subd 1a]
1974 c 310 s 1; 1975 c 271 s 6; 1984 c 649 s 5; 1986 c 444; 1987 c 360 s 1-6; 1989 c 171 s 1,2; 1990 c 485 s 1; 2001 c 168 s 1,2

Structure Minnesota Statutes

Minnesota Statutes

Chapters 324 - 341 — Trade Regulations, Consumer Protection

Chapter 326 — Employments Licensed By State

Section 326.01 — Definitions.

Section 326.02 — Licensure Or Certification.

Section 326.03 — License Or Certificate Required.

Section 326.031 — Specifications For Public Facilities, Use Of Brand Names.

Section 326.04 — Board Established.

Section 326.05 — Qualifications Of Board Members.

Section 326.06 — General Powers And Duties Of Board.

Section 326.07 — Board, Meetings, Officers, Quorum.

Section 326.09 — Records Of Board.

Section 326.10 — Licensure And Certification.

Section 326.105 — Fees.

Section 326.106 — Definitions.

Section 326.107 — Continuing Education.

Section 326.11 — License And Certificate Regulation.

Section 326.111 — Unauthorized Practice; Disciplinary Action.

Section 326.12 — License Or Certificate As Evidence; Seal.

Section 326.13 — Practice Exempt.

Section 326.14 — Corporations And Partnerships Authorized.

Section 326.15 — False Impersonation.

Section 326.30 — [Unnecessary]

Section 326.32 — Definitions.

Section 326.33 — Board Of Private Detective And Protective Agent Services.

Section 326.3311 — Powers And Duties.

Section 326.3321 — Employees.

Section 326.3331 — Rulemaking.

Section 326.3341 — Exemptions.

Section 326.336 — Employees Of License Holders.

Section 326.3361 — Training.

Section 326.338 — Persons Engaged As Private Detectives Or Protective Agents.

Section 326.3381 — Licenses.

Section 326.3382 — Application For License.

Section 326.3383 — License Reissuance.

Section 326.3384 — Prohibited Acts.

Section 326.3385 — Conditions Of Licensing.

Section 326.3386 — Fees.

Section 326.3387 — Disciplinary Action.

Section 326.3388 — Administrative Penalties.

Section 326.3389 — Licenses Nontransferable.

Section 326.339 — Violations; Penalty.

Section 326.523 — License Provisions; Distribution; Cancellation.

Section 326.524 — Licenses May Not Contain Certain Restrictions.

Section 326.525 — Licenses, When Void.

Section 326.526 — Application Of Sections 326.523 To 326.526.

Section 326.53 — Violations; Penalty Provisions.

Section 326.55 — Nonpayment Of License Fees.

Section 326.56 — Licenses, Certificates Of Registration; Renewals.

Section 326.70 — Title.

Section 326.71 — Definitions.

Section 326.72 — Asbestos License.

Section 326.73 — Asbestos Certifications.

Section 326.74 — Reporting Asbestos Work.

Section 326.75 — Fees.

Section 326.76 — Duties Of Contracting Entities.

Section 326.77 — Indoor Air Standard.

Section 326.78 — Duties Of Commissioner.

Section 326.785 — Asbestos Containment Barriers.

Section 326.81 — Discrimination; Sanctions.