§ 72 — Application for licenses

New York § 72

• Jurisdiction: New York
• Law GBS: General Business
• Art. 7: Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies

Text

§ 72. Application for licenses. Any person, firm, partnership, limited\nliability company or corporation intending to conduct the business of\nprivate investigator, business of bail enforcement agent or the business\nof watch, guard or patrol agency, and any person, firm, partnership,\nlimited liability company or corporation intending to conduct the\nbusiness of furnishing or supplying information as to the personal\ncharacter of any person or firm, or as to the character or kind of the\nbusiness and occupation of any person, firm or corporation, society or\nassociation or any person or group of persons, or intending to own,\nconduct, manage or maintain a bureau or agency for the above mentioned\npurposes, or while engaged in other lawful business activities also\nintending to engage in any one or more of the activities set forth in\nsection seventy-one of this article except exclusively as to the\nfinancial rating, standing, and credit responsibility of persons, firms,\ncompanies or corporations or as to personal habits and financial\nresponsibility of applicants for insurance indemnity bonds or commercial\ncredit or of claimants under insurance policies shall, for each such\nbureau or agency and for each and every sub-agency, office and branch\noffice to be owned, conducted, managed or maintained by such person,\nfirm, partnership, limited liability company or corporation for the\nconduct of such business, file in the office of the department of state\na written application, on forms provided by the department containing\nsuch information and documentation, including fingerprints, as the\nsecretary of state may require by rule and regulation.\n 1. If the applicant is a person, the application shall be subscribed\nby such person, and if the applicant is a firm or partnership the\napplication shall be subscribed by each individual composing or\nintending to compose such firm or partnership. The application shall\nstate the full name, age, residences within the past three years,\npresent and previous occupations of each person or individual so signing\nthe same, and shall also specify the name of the city, town or village,\nstating the street and number, if the premises have a street and number,\nand otherwise such apt description as will reasonably indicate the\nlocation thereof, where is to be located the principal place of business\nand the bureau, agency, sub-agency, office or branch office for which\nthe license is desired, and such further facts as may be required by the\ndepartment of state to show the good character, competency and integrity\nof each person or individual so signing such application. Each person or\nindividual signing such application shall, together with such\napplication, submit to the department of state, his photograph, taken\nwithin six months prior thereto in duplicate, in passport size and also\ntwo sets of fingerprints of his two hands recorded in such manner as may\nbe specified by the secretary of state or the secretary of state's\nauthorized representative. Before approving such application it shall be\nthe duty of the secretary of state or the secretary of state's\nauthorized representative to forward one copy of such fingerprints to\nthe division of criminal justice services. Upon receipt of such\nfingerprints, such division shall forward to the secretary of state a\nreport with respect to the applicant's previous criminal history, if\nany, or a statement that the applicant has no previous criminal history\naccording to its files. If additional copies of fingerprints are\nrequired the applicant shall furnish them upon request. Such\nfingerprints may be submitted to the federal bureau of investigation for\na national criminal history record check. The secretary shall reveal the\nname of the applicant to the chief of police and the district attorney\nof the applicant's residence and of the proposed place of business and\nshall request of them a report concerning the applicant's character in\nthe event they shall have information concerning it. The secretary shall\ntake such other steps as may be necessary to investigate the honesty,\ngood character and integrity of each applicant. Every such applicant for\na license as private investigator shall establish to the satisfaction of\nthe secretary of state (a) if the applicant be a person, or, (b) in the\ncase of a firm, limited liability company, partnership or corporation,\nat least one member of such firm, partnership, limited liability company\nor corporation, has been regularly employed, for a period of not less\nthan three years, undertaking such investigations as those described as\nperformed by a private investigator in subdivision one of section\nseventy-one of this article, as a sheriff, police officer in a city or\ncounty police department, or the division of state police, investigator\nin an agency of the state, county, or United States government, or\nemployee of a licensed private investigator, or has had an equivalent\nposition and experience or that such person or member was an employee of\na police department who rendered service therein as a police officer for\nnot less than twenty years or was an employee of a fire department who\nrendered service therein as a fire marshal for not less than twenty\nyears. However, employment as a watchman, guard or private patrolman\nshall not be considered employment as a "private investigator" for\npurposes of this section. Every such applicant for a license as watch,\nguard or patrol agency shall establish to the satisfaction of the\nsecretary of state (a) if the applicant be a person, or, (b) in the case\nof a firm, limited liability company, partnership or corporation, at\nleast one member of such firm, partnership, limited liability company or\ncorporation, has been regularly employed, for a period of not less than\ntwo years, performing such duties or providing such services as\ndescribed as those performed or furnished by a watch, guard or patrol\nagency in subdivision two of section seventy-one of this article, as a\nsheriff, police officer in a city or county police department, or\nemployee of an agency of the state, county or United States government,\nor licensed private investigator or watch, guard or patrol agency, or\nhas had an equivalent position and experience; qualifying experience\nshall have been completed within such period of time and at such time\nprior to the filing of the application as shall be satisfactory to the\nsecretary of state. The person or member meeting the experience\nrequirement under this subdivision and the person responsible for the\noperation and management of each bureau, agency, sub-agency, office or\nbranch office of the applicant shall provide sufficient proof of having\ntaken and passed a written examination prescribed by the secretary of\nstate to test their understanding of their rights, duties and powers as\na private investigator and/or watchman, guard or private patrolman,\ndepending upon the work to be performed under the license. In the case\nof an application subscribed by a resident of the state of New York such\napplication shall be approved, as to each resident person or individual\nso signing the same, but not less than five reputable citizens of the\ncommunity in which such applicant resides or transacts business, or in\nwhich it is proposed to own, conduct, manage or maintain the bureau,\nagency, sub-agency, office or branch office for which the license is\ndesired, each of whom shall subscribe and affirm as true, under the\npenalties of perjury, that he has personally known the said person or\nindividual for a period of at least five years prior to the filing of\nsuch application, that he has read such application and believes each of\nthe statements made therein to be true, that such person is honest, of\ngood character and competent, and not related or connected to the person\nso certifying by blood or marriage. In the case of an application\nsubscribed by a non-resident of the state of New York such application\nshall be approved, as to each non-resident person or individual so\nsigning the same by not less than five reputable citizens of the\ncommunity in which such applicant resides. The certificate of approval\nshall be signed by such reputable citizens and duly verified and\nacknowledged by them before an officer authorized to take oaths and\nacknowledgment of deeds. All provisions of this section, applying to\ncorporations, shall also apply to joint-stock associations, except that\neach such joint-stock association shall file a duly certified copy of\nits certificate of organization in the place of the certified copy of\nits certificate of incorporation herein required.\n 1-a. Every such applicant for a license as bail enforcement agent\nshall establish to the satisfaction of the secretary of state (a) if the\napplicant be a person, or (b) in the case of a firm, company,\npartnership, or corporation, at least one member of such firm,\npartnership, company or corporation, has been regularly employed, for a\nperiod of not less than three years, performing such duties or providing\nsuch services as described as those furnished by a bail enforcement\nagent in section seventy-one of this article, as a sheriff, police\nofficer in a city or county police department, or the division of state\npolice, investigator in an agency of the state, county, or United States\ngovernment, or employee of a licensed private investigator, or has had\nan equivalent position and experience or that such person or member was\nan employee of a police department who rendered service therein as a\npolice officer for not less than twenty years or was an employee of a\nfire department who rendered service therein as a fire marshal for not\nless than twenty years.\n 1-b. The person or member meeting the experience requirement under\nsubdivisions one and one-a of this section and any person or member of\nsuch firm, company, partnership or corporation who engages in the\napprehension and return of suspects who fail to appear before the court\nmust either satisfactorily complete a basic certification course in\ntraining for bail enforcement agents offered by a provider that is\napproved by the secretary of state; or such person or member must have\nserved as a police officer, as that term is defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law, for a period\nof not less than three years.\n The basic course of training shall include at least twenty-five hours\nof training approved by the secretary of state and must include\ninstruction on issues involved with the rights and limitations involving\nthe bailee/fugitive who signs a contract with the bail enforcement\nagent. Completion of the course shall be for educational purposes only\nand not intended to confer the power of arrest of a peace officer or\npublic officer, or agent of any federal, state, or local government,\nunless the person is so employed by a governmental agency.\n 2. If the applicant is a corporation, the application shall be\nsubscribed by the president, secretary, treasurer, and all other\nofficers and directors working for such corporation within the state of\nNew York, and shall specify the name of the corporation, the date and\nplace of its incorporation, the location of its principal place of\nbusiness, and the name of the city, town or village, stating the street\nand number, if the premises have a street and number, and otherwise such\napt description as will reasonably indicate the location thereof, where\nis to be located the bureau, agency, sub-agency, office or branch office\nfor which the license is desired, the amount of the corporation's\noutstanding paid up capital stock and whether paid in cash or property,\nand, if in property, the nature of the same, and shall be accompanied by\na duly certified copy of its certificate of incorporation. Each and\nevery requirement as to character of subdivision one of this section as\nto a person or individual member of a firm or partnership shall apply to\nthe president, secretary, treasurer and all other officers and directors\nworking for such corporation within the state of New York and each such\nofficer and director, his successor and successors shall prior to\nentering upon the discharge of his duties subscribe a like statement,\napproved in like manner, as is by said subdivision one prescribed in the\ncase of a person or individual member of a firm or partnership.\n 3. Each person subscribing an application pursuant to this section\nshall affirm that the statements therein are true under the penalties of\nperjury.\n 4. The secretary of state may deny, suspend or revoke the license of a\ncorporation if, at any time, ten per centum or more of the corporate\nstock is held by a person who cannot meet the character standard set for\nan individual licensee.\n