2013 New York Consolidated Laws
GBS - General Business
Article 7 - (70 - 89-A) PRIVATE INVESTIGATORS, BAIL ENFORCEMENT AGENTS AND WATCH, GUARD AND PATROL AGENCIES
72 - Application for licenses.

 
    § 72. Application for licenses. Any person, firm, partnership, limited
  liability  company  or  corporation intending to conduct the business of
  private investigator, business of bail enforcement agent or the business
  of watch, guard or patrol agency, and  any  person,  firm,  partnership,
  limited  liability  company  or  corporation  intending  to  conduct the
  business of furnishing or  supplying  information  as  to  the  personal
  character  of  any person or firm, or as to the character or kind of the
  business and occupation of any person, firm or corporation,  society  or
  association  or  any  person  or  group of persons, or intending to own,
  conduct, manage or maintain a bureau or agency for the  above  mentioned
  purposes,  or  while  engaged  in  other lawful business activities also
  intending to engage in any one or more of the activities  set  forth  in
  section  seventy-one  of  this  article  except  exclusively  as  to the
  financial rating, standing, and credit responsibility of persons, firms,
  companies or  corporations  or  as  to  personal  habits  and  financial
  responsibility of applicants for insurance indemnity bonds or commercial
  credit  or  of  claimants  under insurance policies shall, for each such
  bureau or agency and for each and every sub-agency,  office  and  branch
  office  to  be  owned,  conducted, managed or maintained by such person,
  firm, partnership, limited liability  company  or  corporation  for  the
  conduct  of such business, file in the office of the department of state
  a written application, on forms provided by  the  department  containing
  such  information  and  documentation,  including  fingerprints,  as the
  secretary of state may require by rule and regulation.
    1. If the applicant is a person, the application shall  be  subscribed
  by  such  person,  and  if  the  applicant  is a firm or partnership the
  application  shall  be  subscribed  by  each  individual  composing   or
  intending  to  compose  such  firm or partnership. The application shall
  state the full name,  age,  residences  within  the  past  three  years,
  present and previous occupations of each person or individual so signing
  the  same,  that  each  person  or individual is a citizen of the United
  States or an alien lawfully admitted  for  permanent  residence  in  the
  United  States  and  shall  also  specify  the name of the city, town or
  village, stating the street and number, if the premises  have  a  street
  and  number,  and  otherwise  such  apt  description  as will reasonably
  indicate the location thereof, where is  to  be  located  the  principal
  place  of  business and the bureau, agency, sub-agency, office or branch
  office for which the license is desired, and such further facts  as  may
  be  required  by  the  department  of  state to show the good character,
  competency and integrity of each person or individual  so  signing  such
  application.  Each  person or individual signing such application shall,
  together with such application, submit to the department of  state,  his
  photograph,  taken  within  six  months  prior  thereto in duplicate, in
  passport size and also  two  sets  of  fingerprints  of  his  two  hands
  recorded in such manner as may be specified by the secretary of state or
  the  secretary  of  state's  authorized representative. Before approving
  such application it shall be the duty of the secretary of state  or  the
  secretary  of  state's  authorized representative to forward one copy of
  such fingerprints to the division of  criminal  justice  services.  Upon
  receipt  of  such  fingerprints,  such  division  shall  forward  to the
  secretary of state a report with respect  to  the  applicant's  previous
  criminal  history,  if  any,  or  a  statement that the applicant has no
  previous criminal history according to its files. If  additional  copies
  of  fingerprints  are  required  the  applicant  shall furnish them upon
  request. Such fingerprints may be submitted to  the  federal  bureau  of
  investigation   for  a  national  criminal  history  record  check.  The
  secretary shall reveal the name of the applicant to the chief of  police
  and  the  district  attorney  of  the  applicant's  residence and of the

  proposed place of business and shall request of them a report concerning
  the applicant's character in  the  event  they  shall  have  information
  concerning  it.  The  secretary  shall  take  such other steps as may be
  necessary  to  investigate  the honesty, good character and integrity of
  each  applicant.  Every  such  applicant  for  a  license   as   private
  investigator  shall  establish  to  the satisfaction of the secretary of
  state (a) if the applicant be a person, or, (b) in the case of  a  firm,
  limited  liability  company,  partnership  or  corporation, at least one
  member  of  such  firm,  partnership,  limited  liability   company   or
  corporation,  has been regularly employed, for a period of not less than
  three years, undertaking  such  investigations  as  those  described  as
  performed  by  a  private  investigator  in  subdivision  one of section
  seventy-one of this article, as a sheriff, police officer in a  city  or
  county  police department, or the division of state police, investigator
  in an agency of the state,  county,  or  United  States  government,  or
  employee  of  a  licensed private investigator, or has had an equivalent
  position and experience or that such person or member was an employee of
  a police department who rendered service therein as a police officer for
  not less than twenty years or was an employee of a fire  department  who
  rendered  service  therein  as  a  fire marshal for not less than twenty
  years. However, employment as a watchman,  guard  or  private  patrolman
  shall  not  be  considered  employment  as  a "private investigator" for
  purposes of this section. Every such applicant for a license  as  watch,
  guard  or  patrol  agency  shall  establish  to  the satisfaction of the
  secretary of state (a) if the applicant be a person, or, (b) in the case
  of a firm, limited liability company,  partnership  or  corporation,  at
  least one member of such firm, partnership, limited liability company or
  corporation,  has been regularly employed, for a period of not less than
  two  years,  performing  such  duties  or  providing  such  services  as
  described  as  those  performed or furnished by a watch, guard or patrol
  agency in subdivision two of section seventy-one of this article,  as  a
  sheriff,  police  officer  in  a  city  or  county police department, or
  employee of an agency of the state, county or United States  government,
  or  licensed  private  investigator or watch, guard or patrol agency, or
  has had an equivalent position  and  experience;  qualifying  experience
  shall  have  been  completed within such period of time and at such time
  prior to the filing of the application as shall be satisfactory  to  the
  secretary  of  state.  The  person  or  member  meeting  the  experience
  requirement under this subdivision and the person  responsible  for  the
  operation  and  management of each bureau, agency, sub-agency, office or
  branch office of the applicant shall provide sufficient proof of  having
  taken  and  passed  a written examination prescribed by the secretary of
  state to test their understanding of their rights, duties and powers  as
  a  private  investigator  and/or  watchman,  guard or private patrolman,
  depending upon the work to be performed under the license. In  the  case
  of an application subscribed by a resident of the state of New York such
  application  shall be approved, as to each resident person or individual
  so signing the same, but not less than five reputable  citizens  of  the
  community  in  which such applicant resides or transacts business, or in
  which it is proposed to own, conduct, manage  or  maintain  the  bureau,
  agency,  sub-agency,  office  or  branch office for which the license is
  desired, each of whom shall subscribe and  affirm  as  true,  under  the
  penalties  of  perjury,  that he has personally known the said person or
  individual for a period of at least five years prior to  the  filing  of
  such application, that he has read such application and believes each of
  the  statements  made therein to be true, that such person is honest, of
  good character and competent, and not related or connected to the person
  so certifying by blood or  marriage.  In  the  case  of  an  application

  subscribed  by  a non-resident of the state of New York such application
  shall be approved, as to  each  non-resident  person  or  individual  so
  signing  the  same  by  not  less  than  five  reputable citizens of the
  community  in  which such applicant resides. The certificate of approval
  shall be signed  by  such  reputable  citizens  and  duly  verified  and
  acknowledged  by  them  before  an  officer authorized to take oaths and
  acknowledgment of deeds. All provisions of  this  section,  applying  to
  corporations,  shall also apply to joint-stock associations, except that
  each such joint-stock association shall file a duly  certified  copy  of
  its  certificate  of  organization in the place of the certified copy of
  its certificate of incorporation herein required.
    1-a. Every such applicant for a  license  as  bail  enforcement  agent
  shall establish to the satisfaction of the secretary of state (a) if the
  applicant  be  a  person,  or  (b)  in  the  case  of  a  firm, company,
  partnership,  or  corporation,  at  least  one  member  of  such   firm,
  partnership,  company or corporation, has been regularly employed, for a
  period of not less than three years, performing such duties or providing
  such services as described as those  furnished  by  a  bail  enforcement
  agent  in  section  seventy-one  of  this  article, as a sheriff, police
  officer in a city or county police department, or the division of  state
  police, investigator in an agency of the state, county, or United States
  government,  or  employee of a licensed private investigator, or has had
  an equivalent position and experience or that such person or member  was
  an  employee  of  a  police department who rendered service therein as a
  police officer for not less than twenty years or was an  employee  of  a
  fire  department  who rendered service therein as a fire marshal for not
  less than twenty years.
    1-b. The person or member meeting  the  experience  requirement  under
  subdivisions  one  and one-a of this section and any person or member of
  such firm, company,  partnership  or  corporation  who  engages  in  the
  apprehension  and return of suspects who fail to appear before the court
  must either satisfactorily complete  a  basic  certification  course  in
  training  for  bail  enforcement  agents  offered  by a provider that is
  approved by the secretary of state; or such person or member  must  have
  served  as  a  police  officer,  as  that term is defined in subdivision
  thirty-four of section 1.20 of the criminal procedure law, for a  period
  of not less than three years.
    The  basic course of training shall include at least twenty-five hours
  of training  approved  by  the  secretary  of  state  and  must  include
  instruction on issues involved with the rights and limitations involving
  the  bailee/fugitive  who  signs  a  contract  with the bail enforcement
  agent.  Completion of the course shall be for educational purposes  only
  and  not  intended  to  confer the power of arrest of a peace officer or
  public officer, or agent of any federal,  state,  or  local  government,
  unless the person is so employed by a governmental agency.
    2.  If  the  applicant  is  a  corporation,  the  application shall be
  subscribed  by  the  president,  secretary,  treasurer,  and  all  other
  officers  and directors working for such corporation within the state of
  New York, and shall specify the name of the corporation,  the  date  and
  place  of  its  incorporation,  the  location  of its principal place of
  business, and the name of the city, town or village, stating the  street
  and number, if the premises have a street and number, and otherwise such
  apt  description as will reasonably indicate the location thereof, where
  is to be located the bureau, agency, sub-agency, office or branch office
  for which the license  is  desired,  the  amount  of  the  corporation's
  outstanding  paid up capital stock and whether paid in cash or property,
  and, if in property, the nature of the same, and shall be accompanied by
  a duly certified copy of its  certificate  of  incorporation.  Each  and

  every  requirement as to character of subdivision one of this section as
  to a person or individual member of a firm or partnership shall apply to
  the president, secretary, treasurer and all other officers and directors
  working  for such corporation within the state of New York and each such
  officer and director,  his  successor  and  successors  shall  prior  to
  entering  upon  the  discharge of his duties subscribe a like statement,
  approved in like manner, as is by said subdivision one prescribed in the
  case of a person or individual member of a firm or partnership.
    3. Each person subscribing an application  pursuant  to  this  section
  shall affirm that the statements therein are true under the penalties of
  perjury.
    4. The secretary of state may deny, suspend or revoke the license of a
  corporation  if,  at  any  time, ten per centum or more of the corporate
  stock is held by a person who cannot meet the character standard set for
  an individual licensee.