N.Y. General Business Law § 72: Application for licenses

§ 72. Application for licenses. Any person, firm, partnership, limited

liability company or corporation intending to conduct the business of

private investigator, business of bail enforcement agent or the business

of watch, guard or patrol agency, and any person, firm, partnership,

limited liability company or corporation intending to conduct the

business of furnishing or supplying information as to the personal

character of any person or firm, or as to the character or kind of the

business and occupation of any person, firm or corporation, society or

association or any person or group of persons, or intending to own,

conduct, manage or maintain a bureau or agency for the above mentioned

purposes, or while engaged in other lawful business activities also

intending to engage in any one or more of the activities set forth in

section seventy-one of this article except exclusively as to the

financial rating, standing, and credit responsibility of persons, firms,

companies or corporations or as to personal habits and financial

responsibility of applicants for insurance indemnity bonds or commercial

credit or of claimants under insurance policies shall, for each such

bureau or agency and for each and every sub-agency, office and branch

office to be owned, conducted, managed or maintained by such person,

firm, partnership, limited liability company or corporation for the

conduct of such business, file in the office of the department of state

a written application, on forms provided by the department containing

such information and documentation, including fingerprints, as the

secretary of state may require by rule and regulation.

1. If the applicant is a person, the application shall be subscribed

by such person, and if the applicant is a firm or partnership the

application shall be subscribed by each individual composing or

intending to compose such firm or partnership. The application shall

state the full name, age, residences within the past three years,

present and previous occupations of each person or individual so signing

the same, and shall also specify the name of the city, town or village,

stating the street and number, if the premises have a street and number,

and otherwise such apt description as will reasonably indicate the

location thereof, where is to be located the principal place of business

and the bureau, agency, sub-agency, office or branch office for which

the license is desired, and such further facts as may be required by the

department of state to show the good character, competency and integrity

of each person or individual so signing such application. Each person or

individual signing such application shall, together with such

application, submit to the department of state, his photograph, taken

within six months prior thereto in duplicate, in passport size and also

two sets of fingerprints of his two hands recorded in such manner as may

be specified by the secretary of state or the secretary of state's

authorized representative. Before approving such application it shall be

the duty of the secretary of state or the secretary of state's

authorized representative to forward one copy of such fingerprints to

the division of criminal justice services. Upon receipt of such

fingerprints, such division shall forward to the secretary of state a

report with respect to the applicant's previous criminal history, if

any, or a statement that the applicant has no previous criminal history

according to its files. If additional copies of fingerprints are

required the applicant shall furnish them upon request. Such

fingerprints may be submitted to the federal bureau of investigation for

a national criminal history record check. The secretary shall reveal the

name of the applicant to the chief of police and the district attorney

of the applicant's residence and of the proposed place of business and

shall request of them a report concerning the applicant's character in

the event they shall have information concerning it. The secretary shall

take such other steps as may be necessary to investigate the honesty,

good character and integrity of each applicant. Every such applicant for

a license as private investigator shall establish to the satisfaction of

the secretary of state (a) if the applicant be a person, or, (b) in the

case of a firm, limited liability company, partnership or corporation,

at least one member of such firm, partnership, limited liability company

or corporation, has been regularly employed, for a period of not less

than three years, undertaking such investigations as those described as

performed by a private investigator in subdivision one of section

seventy-one of this article, as a sheriff, police officer in a city or

county police department, or the division of state police, investigator

in an agency of the state, county, or United States government, or

employee of a licensed private investigator, or has had an equivalent

position and experience or that such person or member was an employee of

a police department who rendered service therein as a police officer for

not less than twenty years or was an employee of a fire department who

rendered service therein as a fire marshal for not less than twenty

years. However, employment as a watchman, guard or private patrolman

shall not be considered employment as a "private investigator" for

purposes of this section. Every such applicant for a license as watch,

guard or patrol agency shall establish to the satisfaction of the

secretary of state (a) if the applicant be a person, or, (b) in the case

of a firm, limited liability company, partnership or corporation, at

least one member of such firm, partnership, limited liability company or

corporation, has been regularly employed, for a period of not less than

two years, performing such duties or providing such services as

described as those performed or furnished by a watch, guard or patrol

agency in subdivision two of section seventy-one of this article, as a

sheriff, police officer in a city or county police department, or

employee of an agency of the state, county or United States government,

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

has had an equivalent position and experience; qualifying experience

shall have been completed within such period of time and at such time

prior to the filing of the application as shall be satisfactory to the

secretary of state. The person or member meeting the experience

requirement under this subdivision and the person responsible for the

operation and management of each bureau, agency, sub-agency, office or

branch office of the applicant shall provide sufficient proof of having

taken and passed a written examination prescribed by the secretary of

state to test their understanding of their rights, duties and powers as

a private investigator and/or watchman, guard or private patrolman,

depending upon the work to be performed under the license. In the case

of an application subscribed by a resident of the state of New York such

application shall be approved, as to each resident person or individual

so signing the same, but not less than five reputable citizens of the

community in which such applicant resides or transacts business, or in

which it is proposed to own, conduct, manage or maintain the bureau,

agency, sub-agency, office or branch office for which the license is

desired, each of whom shall subscribe and affirm as true, under the

penalties of perjury, that he has personally known the said person or

individual for a period of at least five years prior to the filing of

such application, that he has read such application and believes each of

the statements made therein to be true, that such person is honest, of

good character and competent, and not related or connected to the person

so certifying by blood or marriage. In the case of an application

subscribed by a non-resident of the state of New York such application

shall be approved, as to each non-resident person or individual so

signing the same by not less than five reputable citizens of the

community in which such applicant resides. The certificate of approval

shall be signed by such reputable citizens and duly verified and

acknowledged by them before an officer authorized to take oaths and

acknowledgment of deeds. All provisions of this section, applying to

corporations, shall also apply to joint-stock associations, except that

each such joint-stock association shall file a duly certified copy of

its certificate of organization in the place of the certified copy of

its certificate of incorporation herein required.

1-a. Every such applicant for a license as bail enforcement agent

shall establish to the satisfaction of the secretary of state (a) if the

applicant be a person, or (b) in the case of a firm, company,

partnership, or corporation, at least one member of such firm,

partnership, company or corporation, has been regularly employed, for a

period of not less than three years, performing such duties or providing

such services as described as those furnished by a bail enforcement

agent in section seventy-one of this article, as a sheriff, police

officer in a city or county police department, or the division of state

police, investigator in an agency of the state, county, or United States

government, or employee of a licensed private investigator, or has had

an equivalent position and experience or that such person or member was

an employee of a police department who rendered service therein as a

police officer for not less than twenty years or was an employee of a

fire department who rendered service therein as a fire marshal for not

less than twenty years.

1-b. The person or member meeting the experience requirement under

subdivisions one and one-a of this section and any person or member of

such firm, company, partnership or corporation who engages in the

apprehension and return of suspects who fail to appear before the court

must either satisfactorily complete a basic certification course in

training for bail enforcement agents offered by a provider that is

approved by the secretary of state; or such person or member must have

served as a police officer, as that term is defined in subdivision

thirty-four of section 1.20 of the criminal procedure law, for a period

of not less than three years.

The basic course of training shall include at least twenty-five hours

of training approved by the secretary of state and must include

instruction on issues involved with the rights and limitations involving

the bailee/fugitive who signs a contract with the bail enforcement

agent. Completion of the course shall be for educational purposes only

and not intended to confer the power of arrest of a peace officer or

public officer, or agent of any federal, state, or local government,

unless the person is so employed by a governmental agency.

2. If the applicant is a corporation, the application shall be

subscribed by the president, secretary, treasurer, and all other

officers and directors working for such corporation within the state of

New York, and shall specify the name of the corporation, the date and

place of its incorporation, the location of its principal place of

business, and the name of the city, town or village, stating the street

and number, if the premises have a street and number, and otherwise such

apt description as will reasonably indicate the location thereof, where

is to be located the bureau, agency, sub-agency, office or branch office

for which the license is desired, the amount of the corporation's

outstanding paid up capital stock and whether paid in cash or property,

and, if in property, the nature of the same, and shall be accompanied by

a duly certified copy of its certificate of incorporation. Each and

every requirement as to character of subdivision one of this section as

to a person or individual member of a firm or partnership shall apply to

the president, secretary, treasurer and all other officers and directors

working for such corporation within the state of New York and each such

officer and director, his successor and successors shall prior to

entering upon the discharge of his duties subscribe a like statement,

approved in like manner, as is by said subdivision one prescribed in the

case of a person or individual member of a firm or partnership.

3. Each person subscribing an application pursuant to this section

shall affirm that the statements therein are true under the penalties of

perjury.

4. The secretary of state may deny, suspend or revoke the license of a

corporation if, at any time, ten per centum or more of the corporate

stock is held by a person who cannot meet the character standard set for

an individual licensee.