NY Gen Bus L § 72 (2021)
2021 New York Laws GBS - General Business Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies 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.