§ 69-Q — Licenses; display; renewal; duplicates

New York § 69-Q

• Jurisdiction: New York
• Law GBS: General Business
• Art. 6-D: Business of Installing Security or Fire Alarm Systems

Text

§ 69-q. Licenses; display; renewal; duplicates. 1. All licenses shall\nbe for a period of two years.\n 2. No license shall be assignable or transferable except as\nhereinafter provided.\n 3. (a) A license issued to a limited liability company or to a\ncorporation to engage in the business of installing, servicing or\nmaintaining security or fire alarm systems shall require that such\nbusiness be operated under the direction and control of at least one\nmember or manager of the limited liability company or a manager or\nmanaging officer of a corporation, who shall be required to meet the\nlicensing requirements of this article on behalf of the licensee and\nwho, in the case of a corporation, shall not be required to be an\nofficer of the corporation. If such member, manager or managing\nofficer, who shall have met the requirements of this article, ceases to\nact in the capacity of member, manager or managing corporate officer for\nany reason whatsoever, the licensee shall notify the department in\nwriting within fourteen days from such termination or cessation. The\nlicensee may continue to conduct the business of installing, servicing\nor maintaining security or fire alarm systems for a period not to exceed\nsixty days from the date of such termination or cessation; the period of\nsixty days aforesaid may be extended upon application to the secretary\nof state and for good cause for an additional period not to exceed one\nhundred twenty days; by the end of such period a new member, manager or\nmanaging officer must be designated who has met the licensing\nrequirements of this article on behalf of the licensee.\n (b) The limited liability company or corporation shall be liable with\nrespect to all actions taken by its member, manager or managing officer\nacting on behalf of such limited liability company or corporation.\n 4. A license to engage in the business of installing, servicing or\nmaintaining security or fire alarm systems issued to an individual may\nbe assigned or transferred for the remainder of the license period to a\npartnership, limited liability company or corporation if such individual\nis a member of such partnership, a member of the limited liability\ncompany or an officer of such corporation at the time of such assignment\nor transfer. A license issued to a partnership may be assigned or\ntransferred for the remainder of the license period to any one member of\nsuch partnership, provided he obtains the consent of all of the other\nmembers of such partnership. The application for such transfer or\nassignment must be accompanied by the requirements of paragraphs (a) and\n(b) of subdivision one of section sixty-nine-o of this article and by\nproof satisfactory to the department that the requirements herein\nprovided have been complied with. No assignment or transfer shall become\neffective unless and until the endorsement has been made on the face of\nthe license by the department and such license, so endorsed, has been\nreturned to the assignee or transferee. All such endorsements shall be\nmade without payment of any fee. A bona fide purchaser of such business\nfrom the holder of the license thereof may continue to use the license\nof the seller for a period of thirty days from the date of the sale,\nprovided there is endorsed on the face thereof the name of the\npurchaser, the date of the sale, and the signature of the seller and the\npurchaser; and provided further within five days from the date of the\nsale, an application, in accordance with the provisions of this article,\nshall be presented by the purchaser to the secretary of state for a\nlicense to conduct the business of installing, servicing or maintaining\nsecurity or fire alarm systems.\n 5. Employees of a person licensed to conduct the business of\ninstalling, servicing or maintaining security or fire alarm systems\nshall not be required to be licensed provided that the nonlicensed\nemployee have in his possession an identification card issued pursuant\nto section sixty-nine-m of this article. A person licensed to conduct\nsuch business shall, however, be required to submit to the department a\nfull set of fingerprints of any employee who assists in the\ninstallation, servicing or maintaining of security or fire alarm\nsystems, which shall be forwarded by the department to the division of\ncriminal justice services to be compared with the fingerprints on file\nwith the division to determine whether such employee has been convicted\nof a felony involving fraud, bribery, perjury or the theft pursuant to\narticle one hundred forty, one hundred fifty-five, one hundred sixty,\none hundred sixty-five, one hundred seventy, one hundred seventy-five,\none hundred seventy-six, one hundred eighty, one hundred eighty-five,\none hundred ninety, one hundred ninety-five, two hundred or two hundred\nten of the penal law or has a criminal action which has been pending for\nunder one year without a final disposition unless adjourned in\ncontemplation of dismissal. Employee fingerprints will be recorded in\nsuch manner as the secretary of state may prescribe by rule. Such\nemployee's fingerprints shall be taken on a standard fingerprint card\napproved for fingerprinting by the state division of criminal justice\nservices and shall be accompanied by the appropriate processing fees in\nproper form for the division of criminal justice services. The division\nof criminal justice services shall return the fingerprint card and the\nreport of such convictions to the department, who shall then notify the\nlicensee that such employee has been convicted of such a felony or has a\ncriminal action pending pursuant to a schedule developed by the division\nin conjunction with the secretary of state but not to be implemented\nprior to September first, nineteen hundred ninety-four. Upon submission\nof such fingerprints to the department, a person may be employed on a\nprovisional basis to assist in the installation, servicing or\nmaintaining of security or fire alarm systems. However, such employee\nmay not continue in such a capacity if it is determined that such\nemployee has been convicted of such a felony or has a criminal action\npending.\n 6. A license to conduct the business of installing, servicing or\nmaintaining security or fire alarm systems issued to an individual or to\na partnership may be used after the death of the licensed individual or\nco-partner by his next of kin or duly appointed administrator or\nexecutor in the name of the estate for a period of not more than sixty\ndays from the date of death of such individual or co-partner, provided\nthat there is endorsed upon the face of the license after the name of\nthe decedent the word "deceased", the date of death and the name of the\nnext of kin, administrator or executor under whose authority the license\nis being used; the period of sixty days aforesaid may be extended upon\napplication to the secretary of state and for good cause shown for an\nadditional period not to exceed one hundred twenty days. Any license so\ncontinued which shall expire during such period of sixty days or the\nextension thereof may be renewed by the next of kin, administrator or\nexecutor for the balance of such period or the extension thereof.\n 7. A license to conduct the business of installing, servicing or\nmaintaining security or fire alarm systems shall be conspicuously posted\nupon the premises where the licensee is engaged in the business of\ninstalling, servicing or maintaining security or fire alarm systems.\n 8. Any license which has not been suspended or revoked, may, upon the\npayment of the renewal fee prescribed by this article, be renewed for\nadditional periods of two years from its expiration, without further\nexamination, upon the filing of an application for such renewal, on a\nform and with such additional information as prescribed by the secretary\nof state.\n 9. Any person failing to file application and fee for renewal of a\nlicense within one year immediately following the expiration of his last\nlicense shall pay an additional fee of sixty dollars, and if he fails to\nfile application and fee for renewal within two years he shall be\nineligible for such license until he shall have again met the\nrequirements set forth in this article.\n 10. A duplicate license may be issued for one lost, destroyed or\nmutilated upon application therefor on a form prescribed by the\nsecretary of state and the payment of the fee prescribed therefor by\nthis article. Each such duplicate license shall have the word\n"duplicate" stamped across the face thereof and shall bear the same\nnumber as the one it replaces.\n 11. Notice in writing shall be given the secretary of state at his\noffice in Albany by the holder of a license to conduct the business of\ninstalling, servicing or maintaining security or fire alarm systems of\nany change in address of the business or residence of the person engaged\nin such business together with the return of license, whereupon a\nproperly signed endorsement will be made on the face of the license as\nto such change and the license then returned to the licensee. A change\nof address by a licensee without such notice and endorsement of license\nshall operate to cancel the license.\n