N.Y. General Business Law § 71: Definitions

§ 71. Definitions. 1. "Private investigator" shall mean and include

the business of private investigator and shall also mean and include,

separately or collectively, the making for hire, reward or for any

consideration whatsoever, of any investigation, or investigations for

the purpose of obtaining information with reference to any of the

following matters, notwithstanding the fact that other functions and

services may also be performed for fee, hire or reward; crime or wrongs

done or threatened against the government of the United States of

America or any state or territory of the United States of America; the

identity, habits, conduct, movements, whereabouts, affiliations,

associations, transactions, reputation or character of any person, group

of persons, association, organization, society, other groups of persons,

firm or corporation; the credibility of witnesses or other persons; the

whereabouts of missing persons; the location or recovery of lost or

stolen property; the causes and origin of, or responsibility for fires,

or libels, or losses, or accidents, or damage or injuries to real or

personal property; or the affiliation, connection or relation of any

person, firm or corporation with any union, organization, society or

association, or with any official, member or representative thereof; or

with reference to any person or persons seeking employment in the place

of any person or persons who have quit work by reason of any strike; or

with reference to the conduct, honesty, efficiency, loyalty or

activities of employees, agents, contractors, and sub-contractors; or

the securing of evidence to be used before any authorized investigating

committee, board of award, board of arbitration, or in the trial of

civil or criminal cases. The foregoing shall not be deemed to include

the business of persons licensed by the industrial commissioner under

the provisions of section twenty-four-a or subdivision three-b of

section fifty of the workmen's compensation law or representing

employers or groups of employers insured under the workmen's

compensation law in the state insurance fund, nor persons engaged in the

business of adjusters for insurance companies nor public adjusters

licensed by the superintendent of financial services under the insurance

law of this state.

1-a. "Bail enforcement agent" shall mean and include only the business

of bail enforcement and shall also mean and include, separately or

collectively, the engaging in the business of enforcing the terms and

conditions of a person's release from custody on bail in a criminal

proceeding, including locating, apprehending and returning any such

person released from custody on bail who has failed to appear at any

stage of a criminal proceeding to answer the charge before the court in

which he may be prosecuted. The foregoing shall not be deemed to include

the business of persons licensed under the provisions of section

twenty-four-a or subdivision three-b of section fifty of the workers'

compensation law or representing employers or groups of employers

insured under the workers' compensation law in the state insurance fund,

nor persons engaged in the business of adjusters for insurance companies

nor public adjusters licensed by the superintendent of financial

services under the insurance law of this state or the business of

private investigator, watch, guard or patrol agency or security guard

company.

2. "Watch, guard or patrol agency" shall mean and include the business

of watch, guard or patrol agency and shall also mean and include,

separately or collectively, the furnishing, for hire or reward, of

watchmen or guards or private patrolmen or other persons to protect

persons or property or to prevent the theft or the unlawful taking of

goods, wares and merchandise, or to prevent the misappropriation or

concealment of goods, wares or merchandise, money, bonds, stocks, choses

in action, notes or other valuable documents, papers, and articles of

value, or to procure the return thereof or the performing of the service

of such guard or other person for any of said purposes. The foregoing

shall not be deemed to include the business of persons licensed by the

industrial commissioner under the provisions of section twenty-four-a or

subdivision three-b of section fifty of the workmen's compensation law

or representing employers or groups of employers insured under the

workmen's compensation law in the state insurance fund, nor persons

engaged in the business of adjusters for insurance companies nor public

adjusters licensed by the superintendent of financial services under the

insurance law of this state.

3. The term the "business of private investigator," and the term

"private investigator" shall mean and include any person, firm, limited

liability company, partnership or corporation engaged in the business of

private investigator as defined in subdivision one of this section with

or without the assistance of any employee or employees. The term

"business of watch, guard or patrol agency" and the term "watch, guard

or patrol agency" shall mean and include any person, firm, limited

liability company, partnership or corporation engaged in the business of

watch, guard or patrol agency as defined in subdivision two of this

section or the business of a security guard company as defined in

subdivision five of section eighty-nine-f of this chapter with or

without the assistance of any employee or employees. For the purposes of

this article, a public entity as defined in subdivision seven of section

eighty-nine-f of this chapter or a security guard company which utilizes

security guards solely for its own proprietary use shall not be deemed a

security guard company.

4. The term "business of bail enforcement agent" and the term "bail

enforcement agent" shall mean and include any person, firm, company,

partnership or corporation engaged in the business of bail enforcement

as defined in subdivision one-a of this section with or without the

assistance of any employee or employees.