N.Y. General Business Law § 69-q: Licenses; display; renewal; duplicates

§ 69-q. Licenses; display; renewal; duplicates. 1. All licenses shall

be for a period of two years.

2. No license shall be assignable or transferable except as

hereinafter provided.

3. (a) A license issued to a limited liability company or to a

corporation to engage in the business of installing, servicing or

maintaining security or fire alarm systems shall require that such

business be operated under the direction and control of at least one

member or manager of the limited liability company or a manager or

managing officer of a corporation, who shall be required to meet the

licensing requirements of this article on behalf of the licensee and

who, in the case of a corporation, shall not be required to be an

officer of the corporation. If such member, manager or managing

officer, who shall have met the requirements of this article, ceases to

act in the capacity of member, manager or managing corporate officer for

any reason whatsoever, the licensee shall notify the department in

writing within fourteen days from such termination or cessation. The

licensee may continue to conduct the business of installing, servicing

or maintaining security or fire alarm systems for a period not to exceed

sixty days from the date of such termination or cessation; the period of

sixty days aforesaid may be extended upon application to the secretary

of state and for good cause for an additional period not to exceed one

hundred twenty days; by the end of such period a new member, manager or

managing officer must be designated who has met the licensing

requirements of this article on behalf of the licensee.

(b) The limited liability company or corporation shall be liable with

respect to all actions taken by its member, manager or managing officer

acting on behalf of such limited liability company or corporation.

4. A license to engage in the business of installing, servicing or

maintaining security or fire alarm systems issued to an individual may

be assigned or transferred for the remainder of the license period to a

partnership, limited liability company or corporation if such individual

is a member of such partnership, a member of the limited liability

company or an officer of such corporation at the time of such assignment

or transfer. A license issued to a partnership may be assigned or

transferred for the remainder of the license period to any one member of

such partnership, provided he obtains the consent of all of the other

members of such partnership. The application for such transfer or

assignment must be accompanied by the requirements of paragraphs (a) and

(b) of subdivision one of section sixty-nine-o of this article and by

proof satisfactory to the department that the requirements herein

provided have been complied with. No assignment or transfer shall become

effective unless and until the endorsement has been made on the face of

the license by the department and such license, so endorsed, has been

returned to the assignee or transferee. All such endorsements shall be

made without payment of any fee. A bona fide purchaser of such business

from the holder of the license thereof may continue to use the license

of the seller for a period of thirty days from the date of the sale,

provided there is endorsed on the face thereof the name of the

purchaser, the date of the sale, and the signature of the seller and the

purchaser; and provided further within five days from the date of the

sale, an application, in accordance with the provisions of this article,

shall be presented by the purchaser to the secretary of state for a

license to conduct the business of installing, servicing or maintaining

security or fire alarm systems.

5. Employees of a person licensed to conduct the business of

installing, servicing or maintaining security or fire alarm systems

shall not be required to be licensed provided that the nonlicensed

employee have in his possession an identification card issued pursuant

to section sixty-nine-m of this article. A person licensed to conduct

such business shall, however, be required to submit to the department a

full set of fingerprints of any employee who assists in the

installation, servicing or maintaining of security or fire alarm

systems, which shall be forwarded by the department to the division of

criminal justice services to be compared with the fingerprints on file

with the division to determine whether such employee has been convicted

of a felony involving fraud, bribery, perjury or the theft pursuant to

article one hundred forty, one hundred fifty-five, one hundred sixty,

one hundred sixty-five, one hundred seventy, one hundred seventy-five,

one hundred seventy-six, one hundred eighty, one hundred eighty-five,

one hundred ninety, one hundred ninety-five, two hundred or two hundred

ten of the penal law or has a criminal action which has been pending for

under one year without a final disposition unless adjourned in

contemplation of dismissal. Employee fingerprints will be recorded in

such manner as the secretary of state may prescribe by rule. Such

employee's fingerprints shall be taken on a standard fingerprint card

approved for fingerprinting by the state division of criminal justice

services and shall be accompanied by the appropriate processing fees in

proper form for the division of criminal justice services. The division

of criminal justice services shall return the fingerprint card and the

report of such convictions to the department, who shall then notify the

licensee that such employee has been convicted of such a felony or has a

criminal action pending pursuant to a schedule developed by the division

in conjunction with the secretary of state but not to be implemented

prior to September first, nineteen hundred ninety-four. Upon submission

of such fingerprints to the department, a person may be employed on a

provisional basis to assist in the installation, servicing or

maintaining of security or fire alarm systems. However, such employee

may not continue in such a capacity if it is determined that such

employee has been convicted of such a felony or has a criminal action

pending.

6. A license to conduct the business of installing, servicing or

maintaining security or fire alarm systems issued to an individual or to

a partnership may be used after the death of the licensed individual or

co-partner by his next of kin or duly appointed administrator or

executor in the name of the estate for a period of not more than sixty

days from the date of death of such individual or co-partner, provided

that there is endorsed upon the face of the license after the name of

the decedent the word "deceased", the date of death and the name of the

next of kin, administrator or executor under whose authority the license

is being used; the period of sixty days aforesaid may be extended upon

application to the secretary of state and for good cause shown for an

additional period not to exceed one hundred twenty days. Any license so

continued which shall expire during such period of sixty days or the

extension thereof may be renewed by the next of kin, administrator or

executor for the balance of such period or the extension thereof.

7. A license to conduct the business of installing, servicing or

maintaining security or fire alarm systems shall be conspicuously posted

upon the premises where the licensee is engaged in the business of

installing, servicing or maintaining security or fire alarm systems.

8. Any license which has not been suspended or revoked, may, upon the

payment of the renewal fee prescribed by this article, be renewed for

additional periods of two years from its expiration, without further

examination, upon the filing of an application for such renewal, on a

form and with such additional information as prescribed by the secretary

of state.

9. Any person failing to file application and fee for renewal of a

license within one year immediately following the expiration of his last

license shall pay an additional fee of sixty dollars, and if he fails to

file application and fee for renewal within two years he shall be

ineligible for such license until he shall have again met the

requirements set forth in this article.

10. A duplicate license may be issued for one lost, destroyed or

mutilated upon application therefor on a form prescribed by the

secretary of state and the payment of the fee prescribed therefor by

this article. Each such duplicate license shall have the word

"duplicate" stamped across the face thereof and shall bear the same

number as the one it replaces.

11. Notice in writing shall be given the secretary of state at his

office in Albany by the holder of a license to conduct the business of

installing, servicing or maintaining security or fire alarm systems of

any change in address of the business or residence of the person engaged

in such business together with the return of license, whereupon a

properly signed endorsement will be made on the face of the license as

to such change and the license then returned to the licensee. A change

of address by a licensee without such notice and endorsement of license

shall operate to cancel the license.