2013 New York Consolidated Laws
GBS - General Business
Article 7 - (70 - 89-A) PRIVATE INVESTIGATORS, BAIL ENFORCEMENT AGENTS AND WATCH, GUARD AND PATROL AGENCIES
74 - Issuance of licenses; fee; bonds.


NY Gen Bus L § 74 (2012) What's This?
 
    §  74.  Issuance of licenses; fee; bonds. 1. (a) The application shall
  be accompanied by a non-refundable fee, payable  to  the  department  of
  state  for  the  use  of  the state, for each certificate of license, as
  hereinbelow enumerated, issued to the applicant, if the applicant be  an
  individual,   of   four   hundred  dollars  for  a  license  as  private
  investigator or bail enforcement agent or a fee of three hundred dollars
  for a license as watch, guard or patrol agency, or if the applicant be a
  firm, partnership, limited liability company or corporation,  a  fee  of
  five  hundred  dollars  for  a  license  as private investigator or bail
  enforcement agent or a fee of four hundred  dollars  for  a  license  as
  watch, guard or patrol agency.
    (b)  When  the  application  shall have been examined and such further
  inquiry and investigation made as the  secretary  of  state  shall  deem
  proper,  and when the secretary of state shall be satisfied therefrom of
  the good character, competency and integrity of such applicant,  or,  if
  the  applicant be a firm or partnership, the individual members thereof,
  or if the applicant be  a  limited  liability  company,  the  individual
  members  thereof,  or  if the applicant be a corporation, the president,
  secretary, treasurer and all other officers and all  directors  thereof,
  and  each  stockholder  owning ten per centum or more of the stock and a
  period to ten days from the date of the filing of the application  shall
  have  passed,  the  department  of state shall issue and deliver to such
  applicant a certificate of license to conduct such business and to  own,
  conduct  or  maintain  a  bureau,  agency,  sub-agency, office or branch
  office for the conduct of such business on the premises stated  in  such
  application upon the applicant's executing, delivering and filing in the
  office  of  such  department  a  surety  company  bond in the sum of ten
  thousand dollars; provided however, that an applicant for a license as a
  bail enforcement agent shall execute, deliver and file with  the  office
  of  such  department  a  surety  company bond in the sum of five hundred
  thousand dollars, conditioned for the faithful  and  honest  conduct  of
  such  business by such applicant, which surety bond must be written by a
  company recognized and  approved  by  the  superintendent  of  financial
  services  of  the  state,  and  approved by the department of state with
  respect to its form,  manner  of  execution  and  sufficiency  provided,
  further,  however,  before  a  license  is  issued to a non-resident the
  applicant must file with the secretary of state a written consent to the
  jurisdiction of the courts of New York (i) in any case or cases  arising
  from  any contract for the performance of private investigative services
  as private investigator, bail  enforcement  agent  or  watch,  guard  or
  patrol  agency,  made  within the state or to be performed, wholly or in
  part, within the state or in any  way  connected  with  the  conduct  of
  business  within  the  state, and (ii) in any case or cases arising from
  any tort occurring within the state or occurring in connection with  the
  business  of  the  licensee  within  the  state.  The license as private
  investigator, bail enforcement agent or watch, guard  or  patrol  agency
  granted  pursuant  to this article shall last for a period of two years,
  but shall be revocable at all times by the department of state for cause
  shown. Such bond shall be taken in the name of the people of  the  state
  of  New  York,  and  any  person  injured by the violation of any of the
  provisions of this article or by the wilful, malicious and wrongful  act
  of the principal or employee may bring an action against such principal,
  employee  or  both  on  said  bond  in  his  own name to recover damages
  suffered by reason of such wilful, malicious and wrongful act.  In  each
  and  every  suit, or prosecution arising out of this article, the agency
  of any employee as to the employment and as to acting in the  course  of
  his employment, shall be presumed. The license certificate shall be in a
  form  to  be  prescribed by the secretary of state and shall specify the

  full name of the applicant, the location  of  the  principal  office  or
  place  of  business  and the location of the bureau, agency, sub-agency,
  office or branch office for which the license is  issued,  the  date  on
  which  it  is issued, the date on which it will expire and the names and
  residences of the applicant or applicants filing the statement  required
  by  section seventy-two of this article upon which the license is issued
  and in the event of a change  of  any  such  address  or  residence  the
  department  of  state  shall  be duly notified in writing of such change
  within  twenty-four  hours  thereafter,  and  failure   to   give   such
  notification  shall  be sufficient cause for revocation of such license.
  No such license as  private  investigator,  bail  enforcement  agent  or
  watch,  guard or patrol agency shall be issued to a person under the age
  of twenty-five years.
    (c) The secretary of state shall receive a non-refundable  examination
  fee  of  fifteen  dollars  from  each person who takes an examination to
  qualify for application for licensure pursuant  to  this  article.  Fees
  paid  to  the  department  of  state  pursuant  to this article shall be
  deposited in the business and  licensing  services  account  established
  pursuant to section ninety-seven-y of the state finance law.
    2. Except as hereinafter in this subdivision provided, no such license
  shall  be  issued  to any person who has been convicted in this state or
  any other state or territory of  a  felony,  or  any  of  the  following
  offenses,  to  wit: (a) illegally using, carrying or possessing a pistol
  or  other  dangerous  weapon;  (b)  making   or   possessing   burglar's
  instruments;  (c)  buying  or  receiving or criminally possessing stolen
  property; (d) unlawful entry of  a  building;  (e)  aiding  escape  from
  prison; (f) unlawfully possessing or distributing habit forming narcotic
  drugs; (g) violating subdivision six of section seven hundred twenty-two
  of  the  former  penal  law  as in force and effect immediately prior to
  September first, nineteen  hundred  sixty-seven,  or  violating  section
  165.25  or  165.30 of the penal law; (h) violating section seven hundred
  forty-two, section seven hundred forty-three, or section  seven  hundred
  forty-five  of  the  said  former  penal  law,  or violating any section
  contained in article two hundred fifty  of  the  penal  law.  Except  as
  hereinafter  in this subdivision provided, no license shall be issued to
  any person whose license has been previously revoked by  the  department
  of  state  or the authorities of any other state or territory because of
  conviction of any  of  the  offenses  specified  in  this  section.  The
  provisions  of  this  subdivision  shall  not  prevent the issuance of a
  license to any person who, subsequent  to  his  conviction,  shall  have
  received  executive pardon therefor removing this disability, or who has
  received a certificate of relief from disabilities or a  certificate  of
  good  conduct  pursuant to article twenty-three of the correction law to
  remove the disability under this section because of such  conviction  or
  previous license revocation occasioned thereby.
    3.  There  shall  be  kept  in the office of the department of state a
  bulletin board, in a place accessible to the general  public,  on  which
  shall  be  posted  at  noon  on  Friday  of  each  week the following: a
  statement of all pending applications for licenses under  this  article,
  giving  the name of the applicant, and whether individual, firm, limited
  liability company or corporation, and the proposed business  address;  a
  similar statement of all such licenses issued during the preceding week;
  a  similar  statement  of all such licenses revoked during the preceding
  week. No holder of an employment agency license shall be licensed  under
  this  article.  While  holding  a  license under this article a licensee
  shall not simultaneously hold  an  employment  agency  license  or  have
  financial  interest  in  or participate in the control and management of
  any employment agency or  any  other  person,  firm,  limited  liability

  company or corporation engaged in private detective business except that
  a  licensee  hereunder may own or possess stock in any corporation whose
  only business is to undertake for hire the preparation of  payrolls  and
  the  transportation  of payrolls, moneys, securities and other valuables
  or whose only business is to provide or  furnish  protective,  guard  or
  private investigator service to: (a) the government of the United States
  or any subdivision, department or agency of the government of the United
  States,  the  government  of  the  state  of  New  York  or  any  of its
  subdivisions, departments, commissions or agencies; or (b) a corporation
  created under or subject to the provisions of chapter four hundred forty
  of the laws of  nineteen  hundred  twenty-six  or  chapter  two  hundred
  fifty-four  of  the  laws of nineteen hundred forty. In the event of the
  filing in the office of the department of state a verified statement  of
  objections  to  the  issuance  of a license under the provisions of this
  article, no  license  shall  be  issued  to  such  applicant  until  all
  objections shall have been heard in a public hearing and a determination
  made in a manner provided by section seventy-nine of this article.
    4.  For changing the name on a license or for changing the status of a
  license, the secretary of state shall receive a  non-refundable  fee  of
  one hundred fifty dollars.
    5. For changing the address on a license, the secretary of state shall
  receive a non-refundable fee of ten dollars.

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