§ 74 — Issuance of licenses; fee; bonds

New York § 74

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

Text

§ 74. Issuance of licenses; fee; bonds. 1. (a) The application shall\nbe accompanied by a non-refundable fee, payable to the department of\nstate for the use of the state, for each certificate of license, as\nhereinbelow enumerated, issued to the applicant, if the applicant be an\nindividual, of four hundred dollars for a license as private\ninvestigator or bail enforcement agent or a fee of three hundred dollars\nfor a license as watch, guard or patrol agency, or if the applicant be a\nfirm, partnership, limited liability company or corporation, a fee of\nfive hundred dollars for a license as private investigator or bail\nenforcement agent or a fee of four hundred dollars for a license as\nwatch, guard or patrol agency.\n (b) When the application shall have been examined and such further\ninquiry and investigation made as the secretary of state shall deem\nproper, and when the secretary of state shall be satisfied therefrom of\nthe good character, competency and integrity of such applicant, or, if\nthe applicant be a firm or partnership, the individual members thereof,\nor if the applicant be a limited liability company, the individual\nmembers thereof, or if the applicant be a corporation, the president,\nsecretary, treasurer and all other officers and all directors thereof,\nand each stockholder owning ten per centum or more of the stock and a\nperiod to ten days from the date of the filing of the application shall\nhave passed, the department of state shall issue and deliver to such\napplicant a certificate of license to conduct such business and to own,\nconduct or maintain a bureau, agency, sub-agency, office or branch\noffice for the conduct of such business on the premises stated in such\napplication upon the applicant's executing, delivering and filing in the\noffice of such department a surety company bond in the sum of ten\nthousand dollars; provided however, that an applicant for a license as a\nbail enforcement agent shall execute, deliver and file with the office\nof such department a surety company bond in the sum of five hundred\nthousand dollars, conditioned for the faithful and honest conduct of\nsuch business by such applicant, which surety bond must be written by a\ncompany recognized and approved by the superintendent of financial\nservices of the state, and approved by the department of state with\nrespect to its form, manner of execution and sufficiency provided,\nfurther, however, before a license is issued to a non-resident the\napplicant must file with the secretary of state a written consent to the\njurisdiction of the courts of New York (i) in any case or cases arising\nfrom any contract for the performance of private investigative services\nas private investigator, bail enforcement agent or watch, guard or\npatrol agency, made within the state or to be performed, wholly or in\npart, within the state or in any way connected with the conduct of\nbusiness within the state, and (ii) in any case or cases arising from\nany tort occurring within the state or occurring in connection with the\nbusiness of the licensee within the state. The license as private\ninvestigator, bail enforcement agent or watch, guard or patrol agency\ngranted pursuant to this article shall last for a period of two years,\nbut shall be revocable at all times by the department of state for cause\nshown. Such bond shall be taken in the name of the people of the state\nof New York, and any person injured by the violation of any of the\nprovisions of this article or by the wilful, malicious and wrongful act\nof the principal or employee may bring an action against such principal,\nemployee or both on said bond in his own name to recover damages\nsuffered by reason of such wilful, malicious and wrongful act. In each\nand every suit, or prosecution arising out of this article, the agency\nof any employee as to the employment and as to acting in the course of\nhis employment, shall be presumed. The license certificate shall be in a\nform to be prescribed by the secretary of state and shall specify the\nfull name of the applicant, the location of the principal office or\nplace of business and the location of the bureau, agency, sub-agency,\noffice or branch office for which the license is issued, the date on\nwhich it is issued, the date on which it will expire and the names and\nresidences of the applicant or applicants filing the statement required\nby section seventy-two of this article upon which the license is issued\nand in the event of a change of any such address or residence the\ndepartment of state shall be duly notified in writing of such change\nwithin twenty-four hours thereafter, and failure to give such\nnotification shall be sufficient cause for revocation of such license.\nNo such license as private investigator, bail enforcement agent or\nwatch, guard or patrol agency shall be issued to a person under the age\nof twenty-five years.\n (c) The secretary of state shall receive a non-refundable examination\nfee of fifteen dollars from each person who takes an examination to\nqualify for application for licensure pursuant to this article. Fees\npaid to the department of state pursuant to this article shall be\ndeposited in the business and licensing services account established\npursuant to section ninety-seven-y of the state finance law.\n 2. Except as hereinafter in this subdivision provided, no such license\nshall be issued to any person who has been convicted in this state or\nany other state or territory of a felony, or any of the following\noffenses, to wit: (a) illegally using, carrying or possessing a pistol\nor other dangerous weapon; (b) making or possessing burglar's\ninstruments; (c) buying or receiving or criminally possessing stolen\nproperty; (d) unlawful entry of a building; (e) aiding escape from\nprison; (f) unlawfully possessing or distributing habit forming narcotic\ndrugs; (g) violating subdivision six of section seven hundred twenty-two\nof the former penal law as in force and effect immediately prior to\nSeptember first, nineteen hundred sixty-seven, or violating section\n165.25 or 165.30 of the penal law; (h) violating section seven hundred\nforty-two, section seven hundred forty-three, or section seven hundred\nforty-five of the said former penal law, or violating any section\ncontained in article two hundred fifty of the penal law. Except as\nhereinafter in this subdivision provided, no license shall be issued to\nany person whose license has been previously revoked by the department\nof state or the authorities of any other state or territory because of\nconviction of any of the offenses specified in this section. The\nprovisions of this subdivision shall not prevent the issuance of a\nlicense to any person who, subsequent to his conviction, shall have\nreceived executive pardon therefor removing this disability, or who has\nreceived a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law to\nremove the disability under this section because of such conviction or\nprevious license revocation occasioned thereby.\n 3. There shall be kept in the office of the department of state a\nbulletin board, in a place accessible to the general public, on which\nshall be posted at noon on Friday of each week the following: a\nstatement of all pending applications for licenses under this article,\ngiving the name of the applicant, and whether individual, firm, limited\nliability company or corporation, and the proposed business address; a\nsimilar statement of all such licenses issued during the preceding week;\na similar statement of all such licenses revoked during the preceding\nweek. No holder of an employment agency license shall be licensed under\nthis article. While holding a license under this article a licensee\nshall not simultaneously hold an employment agency license or have\nfinancial interest in or participate in the control and management of\nany employment agency or any other person, firm, limited liability\ncompany or corporation engaged in private detective business except that\na licensee hereunder may own or possess stock in any corporation whose\nonly business is to undertake for hire the preparation of payrolls and\nthe transportation of payrolls, moneys, securities and other valuables\nor whose only business is to provide or furnish protective, guard or\nprivate investigator service to: (a) the government of the United States\nor any subdivision, department or agency of the government of the United\nStates, the government of the state of New York or any of its\nsubdivisions, departments, commissions or agencies; or (b) a corporation\ncreated under or subject to the provisions of chapter four hundred forty\nof the laws of nineteen hundred twenty-six or chapter two hundred\nfifty-four of the laws of nineteen hundred forty. In the event of the\nfiling in the office of the department of state a verified statement of\nobjections to the issuance of a license under the provisions of this\narticle, no license shall be issued to such applicant until all\nobjections shall have been heard in a public hearing and a determination\nmade in a manner provided by section seventy-nine of this article.\n 4. For changing the name on a license or for changing the status of a\nlicense, the secretary of state shall receive a non-refundable fee of\none hundred fifty dollars.\n 5. For changing the address on a license, the secretary of state shall\nreceive a non-refundable fee of ten dollars.\n