N.Y. General Business Law § 74: Issuance of licenses; fee; bonds

§ 74. Issuance of licenses; fee; bonds. 1. (a) The application shall

be accompanied by a non-refundable fee, payable to the department of

state for the use of the state, for each certificate of license, as

hereinbelow enumerated, issued to the applicant, if the applicant be an

individual, of four hundred dollars for a license as private

investigator or bail enforcement agent or a fee of three hundred dollars

for a license as watch, guard or patrol agency, or if the applicant be a

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

five hundred dollars for a license as private investigator or bail

enforcement agent or a fee of four hundred dollars for a license as

watch, guard or patrol agency.

(b) When the application shall have been examined and such further

inquiry and investigation made as the secretary of state shall deem

proper, and when the secretary of state shall be satisfied therefrom of

the good character, competency and integrity of such applicant, or, if

the applicant be a firm or partnership, the individual members thereof,

or if the applicant be a limited liability company, the individual

members thereof, or if the applicant be a corporation, the president,

secretary, treasurer and all other officers and all directors thereof,

and each stockholder owning ten per centum or more of the stock and a

period to ten days from the date of the filing of the application shall

have passed, the department of state shall issue and deliver to such

applicant a certificate of license to conduct such business and to own,

conduct or maintain a bureau, agency, sub-agency, office or branch

office for the conduct of such business on the premises stated in such

application upon the applicant's executing, delivering and filing in the

office of such department a surety company bond in the sum of ten

thousand dollars; provided however, that an applicant for a license as a

bail enforcement agent shall execute, deliver and file with the office

of such department a surety company bond in the sum of five hundred

thousand dollars, conditioned for the faithful and honest conduct of

such business by such applicant, which surety bond must be written by a

company recognized and approved by the superintendent of financial

services of the state, and approved by the department of state with

respect to its form, manner of execution and sufficiency provided,

further, however, before a license is issued to a non-resident the

applicant must file with the secretary of state a written consent to the

jurisdiction of the courts of New York (i) in any case or cases arising

from any contract for the performance of private investigative services

as private investigator, bail enforcement agent or watch, guard or

patrol agency, made within the state or to be performed, wholly or in

part, within the state or in any way connected with the conduct of

business within the state, and (ii) in any case or cases arising from

any tort occurring within the state or occurring in connection with the

business of the licensee within the state. The license as private

investigator, bail enforcement agent or watch, guard or patrol agency

granted pursuant to this article shall last for a period of two years,

but shall be revocable at all times by the department of state for cause

shown. Such bond shall be taken in the name of the people of the state

of New York, and any person injured by the violation of any of the

provisions of this article or by the wilful, malicious and wrongful act

of the principal or employee may bring an action against such principal,

employee or both on said bond in his own name to recover damages

suffered by reason of such wilful, malicious and wrongful act. In each

and every suit, or prosecution arising out of this article, the agency

of any employee as to the employment and as to acting in the course of

his employment, shall be presumed. The license certificate shall be in a

form to be prescribed by the secretary of state and shall specify the

full name of the applicant, the location of the principal office or

place of business and the location of the bureau, agency, sub-agency,

office or branch office for which the license is issued, the date on

which it is issued, the date on which it will expire and the names and

residences of the applicant or applicants filing the statement required

by section seventy-two of this article upon which the license is issued

and in the event of a change of any such address or residence the

department of state shall be duly notified in writing of such change

within twenty-four hours thereafter, and failure to give such

notification shall be sufficient cause for revocation of such license.

No such license as private investigator, bail enforcement agent or

watch, guard or patrol agency shall be issued to a person under the age

of twenty-five years.

(c) The secretary of state shall receive a non-refundable examination

fee of fifteen dollars from each person who takes an examination to

qualify for application for licensure pursuant to this article. Fees

paid to the department of state pursuant to this article shall be

deposited in the business and licensing services account established

pursuant to section ninety-seven-y of the state finance law.

2. Except as hereinafter in this subdivision provided, no such license

shall be issued to any person who has been convicted in this state or

any other state or territory of a felony, or any of the following

offenses, to wit: (a) illegally using, carrying or possessing a pistol

or other dangerous weapon; (b) making or possessing burglar's

instruments; (c) buying or receiving or criminally possessing stolen

property; (d) unlawful entry of a building; (e) aiding escape from

prison; (f) unlawfully possessing or distributing habit forming narcotic

drugs; (g) violating subdivision six of section seven hundred twenty-two

of the former penal law as in force and effect immediately prior to

September first, nineteen hundred sixty-seven, or violating section

165.25 or 165.30 of the penal law; (h) violating section seven hundred

forty-two, section seven hundred forty-three, or section seven hundred

forty-five of the said former penal law, or violating any section

contained in article two hundred fifty of the penal law. Except as

hereinafter in this subdivision provided, no license shall be issued to

any person whose license has been previously revoked by the department

of state or the authorities of any other state or territory because of

conviction of any of the offenses specified in this section. The

provisions of this subdivision shall not prevent the issuance of a

license to any person who, subsequent to his conviction, shall have

received executive pardon therefor removing this disability, or who has

received a certificate of relief from disabilities or a certificate of

good conduct pursuant to article twenty-three of the correction law to

remove the disability under this section because of such conviction or

previous license revocation occasioned thereby.

3. There shall be kept in the office of the department of state a

bulletin board, in a place accessible to the general public, on which

shall be posted at noon on Friday of each week the following: a

statement of all pending applications for licenses under this article,

giving the name of the applicant, and whether individual, firm, limited

liability company or corporation, and the proposed business address; a

similar statement of all such licenses issued during the preceding week;

a similar statement of all such licenses revoked during the preceding

week. No holder of an employment agency license shall be licensed under

this article. While holding a license under this article a licensee

shall not simultaneously hold an employment agency license or have

financial interest in or participate in the control and management of

any employment agency or any other person, firm, limited liability

company or corporation engaged in private detective business except that

a licensee hereunder may own or possess stock in any corporation whose

only business is to undertake for hire the preparation of payrolls and

the transportation of payrolls, moneys, securities and other valuables

or whose only business is to provide or furnish protective, guard or

private investigator service to: (a) the government of the United States

or any subdivision, department or agency of the government of the United

States, the government of the state of New York or any of its

subdivisions, departments, commissions or agencies; or (b) a corporation

created under or subject to the provisions of chapter four hundred forty

of the laws of nineteen hundred twenty-six or chapter two hundred

fifty-four of the laws of nineteen hundred forty. In the event of the

filing in the office of the department of state a verified statement of

objections to the issuance of a license under the provisions of this

article, no license shall be issued to such applicant until all

objections shall have been heard in a public hearing and a determination

made in a manner provided by section seventy-nine of this article.

4. For changing the name on a license or for changing the status of a

license, the secretary of state shall receive a non-refundable fee of

one hundred fifty dollars.

5. For changing the address on a license, the secretary of state shall

receive a non-refundable fee of ten dollars.