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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

326.3384 PROHIBITED ACTS.
    Subdivision 1. Prohibition. No license holder or employee of a license holder shall, in a
manner that implies that the person is an employee or agent of a governmental agency, display on
a badge, identification card, emblem, vehicle, uniform, stationery, or in advertising for private
detective or protective agent services:
(1) the words "public safety," "police," "highway patrol," "state patrol," "sheriff," "trooper,"
or "law enforcement"; or
(2) the name of a municipality, county, state, or of the United States, or any governmental
subdivision thereof.
    Subd. 1a. Labor disputes. No license holder, in the course of providing protective agent
services, may provide armed protective personnel to labor disputes or strike locations. This
subdivision does not apply to the use of armed security personnel services utilized in the usual
course of business for the protection of persons, property, and payroll.
    Subd. 1b. Acts prohibited during labor disputes, strikes, and lockouts. (a) This
subdivision applies to (1) a license holder or an employee of a license holder who is primarily
performing the duties of a protective agent; or (2) a security guard who is primarily performing
the duties of a security guard.
(b) A person described in paragraph (a) is prohibited from doing any of the activities
described in clauses (1) to (5) during a labor dispute, strike, or lockout as defined in section
179.01, subdivisions 7, 8, and 9:
(1) inciting, encouraging, or aiding in the incitement or encouragement of any participant
to do unlawful acts against the person or property of anyone;
(2) photographing a participant when neither that person nor the photographer is on the
premises being protected by the persons described in paragraph (a);
(3) stopping or detaining any vehicle unless the vehicle is on premises being protected by the
persons described in paragraph (a);
(4) conducting surveillance of participants, when neither the participant nor the person
conducting the surveillance is on the premises being protected by the person described in
paragraph (a), or of their businesses, or homes; or
(5) any other activities that are outside of the scope of the duties described in sections
326.32, subdivision 13, and 326.338, subdivision 4, and have the purpose of intimidating or
provoking a participant.
    Subd. 2. Penalty. (a) A person violating this section is guilty of a gross misdemeanor.
(b) The board shall suspend the license of a license holder for the periods described in
paragraph (c) if the license holder or an employee of the license holder is convicted of a violation
of subdivision 1b. The board shall prohibit an employee of a license holder from working for
any license holder for the periods described in paragraph (c) if the employee is convicted of a
violation of subdivision 1b.
(c) The periods described in paragraph (b) are as follows:
(1) 60 days for the first violation;
(2) six months for the second violation; and
(3) one year for the third violation.
History: 1987 c 360 s 19; 1989 c 171 s 6,7; 1990 c 485 s 3,4; 2005 c 10 art 2 s 4; 2005 c
136 art 11 s 16

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