N.Y. General Business Law § 89-f: Definitions

§ 89-f. Definitions. As used in this article, the following words and

phrases shall have the following meanings:

1. "Commissioner" shall mean the commissioner of the division of

criminal justice services.

2. "Division" shall mean the division of criminal justice services.

3. "Secretary" shall mean the secretary of state.

4. "Department" shall mean the department of state.

5. "Security guard company" shall mean any person, firm, limited

liability company, corporation, public entity or subsidiary or

department of such firm, limited liability company, corporation or

public entity employing one or more security guards or being

self-employed as a security guard on either a proprietary basis for its

own use or on a contractual basis for use by another person, firm,

limited liability company, corporation, public entity or subsidiary

thereof within the state.

6. "Security guard" shall mean a person, other than a police officer,

employed by a security guard company to principally perform one or more

of the following functions within the state:

a. protection of individuals and/or property from harm, theft or other

unlawful activity;

b. deterrence, observation, detection and/or reporting of incidents in

order to prevent any unlawful or unauthorized activity including but not

limited to unlawful or unauthorized intrusion or entry, larceny,

vandalism, abuse, arson or trespass on property;

c. street patrol service;

d. response to but not installation or service of a security system

alarm installed and/or used to prevent or detect unauthorized intrusion,

robbery, burglary, theft, pilferage and other losses and/or to maintain

security of a protected premises.

Provided, however, that a security guard who is otherwise subject to

regulation with respect to registration and training by the federal

government in the performance of their duties, or a security guard

providing such services on a voluntary basis, shall not be subject to

the provisions of this article.

7. "Public entity" shall mean:

a. the state of New York;

b. a county, city, town, village or any other political subdivision or

civil department or division of the state;

c. any other public corporation, public authority, commission, agency,

municipal or other public housing authority, or project organized

pursuant to article two of the private housing finance law;

d. any other governmental instrumentality or governmental unit in the

state of New York.

8. "Security system" shall mean an assembly of equipment and devices

or a single device designated to detect and/or signal an unauthorized

intrusion into premises or to signal an attempted robbery, burglary,

theft, pilferage or other loss at a protected premises, and with respect

to which signal, police and/or security guards are expected to respond.

Smoke and/or fire alarm systems are excluded from the provisions of this

article.

9. "Applicant" shall mean an individual who has filed an application

with the department for a security guard registration card.

10. "Holder" shall mean an individual who has been issued a

registration card by the department.

11. "Registration card" shall mean a photographic identification card

issued by the department, including a special armed guard registration

card signifying that the individual identified thereon has been

authorized by the department to perform security guard functions.

12. "Special armed guard registration card" shall mean a registration

card issued by the department signifying that the individual thereon has

been certified by the department to perform security guard functions and

to carry firearms in connection with such functions. Nothing herein

contained shall relieve such guard from any provision of law which

requires that he or she be licensed to carry such firearm.

13. "Serious offense" shall mean any felony involving the offenses

enumerated in the closing paragraph of this subdivision; a criminal

solicitation of or a conspiracy to commit or an attempt to commit or a

criminal facilitation of a felony involving the offenses enumerated in

the closing paragraph of this subdivision, which criminal solicitation,

conspiracy, attempt or criminal facilitation itself constitutes a felony

or any offense in any other jurisdiction which if committed in this

state would constitute a felony; any offense in any other jurisdiction

which if committed in this state would constitute a felony provided that

for the purposes of this article, none of the following shall be

considered criminal convictions or reported as such: (i) a conviction

for which an executive pardon has been issued pursuant to the executive

law; (ii) a conviction which has been vacated and replaced by a youthful

offender finding pursuant to article seven hundred twenty of the

criminal procedure law, or the applicable provisions of law of any other

jurisdiction; or (iii) a conviction the records of which have been

sealed pursuant to the applicable provisions of the laws of this state

or of any other jurisdiction; and (iv) a conviction for which other

evidence of successful rehabilitation to remove the disability has been

issued.

Felonies involving: assault, aggravated assault and reckless

endangerment pursuant to article one hundred twenty; vehicular

manslaughter, manslaughter and murder pursuant to article one hundred

twenty-five; sex offenses pursuant to article one hundred thirty;

unlawful imprisonment, kidnapping or coercion pursuant to article one

hundred thirty-five; criminal trespass and burglary pursuant to article

one hundred forty; criminal mischief, criminal tampering and tampering

with a consumer product pursuant to article one hundred forty-five;

arson pursuant to article one hundred fifty; larceny and offenses

involving theft pursuant to article one hundred fifty-five; offenses

involving computers pursuant to article one hundred fifty-six; robbery

pursuant to article one hundred sixty; criminal possession of stolen

property pursuant to article one hundred sixty-five; forgery and related

offenses pursuant to article one hundred seventy; involving false

written statements pursuant to article one hundred seventy-five;

commercial bribing and commercial bribe receiving pursuant to article

one hundred eighty; criminal impersonation and scheme to defraud

pursuant to article one hundred ninety; bribery involving public

servants and related offenses pursuant to article two hundred; perjury

and related offenses pursuant to article two hundred ten; tampering with

a witness, intimidating a victim or witness and tampering with physical

evidence pursuant to article two hundred fifteen; criminal possession of

a controlled substance pursuant to sections 220.06, 220.09, 220.16,

220.18 and 220.21; criminal sale of a controlled substance pursuant to

sections 220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal

sale of cannabis pursuant to sections 222.55, 222.60 and 222.65; riot in

the first degree, aggravated harassment in the first degree, criminal

nuisance in the first degree and falsely reporting an incident in the

second or first degree pursuant to article two hundred forty; and crimes

against public safety pursuant to article two hundred sixty-five of the

penal law.

14. "Peace officer" shall mean a peace officer as defined by

subdivision thirty-three of section 1.20 of the criminal procedure law,

who is employed full-time as a peace officer and who has successfully

completed the training requirements as set forth in subdivision one of

section 2.30 of such law.

15. "Police officer" shall mean a police officer as defined by

subdivision thirty-four of section 1.20 of the criminal procedure law.