NY Gen Bus L § 69-Q (2021)
2021 New York Laws GBS - General Business Article 6-D - Business of Installing Security or Fire Alarm Systems 69-Q - Licenses; Display; Renewal; Duplicates.

§ 69-q. Licenses; display; renewal; duplicates.  1. All licenses shall be for a period of two years.   2.   No   license  shall  be  assignable  or  transferable  except  as hereinafter provided.   3. (a) A license issued  to  a  limited  liability  company  or  to  a corporation  to  engage  in  the  business  of  installing, servicing or maintaining security or fire  alarm  systems  shall  require  that  such business  be  operated  under  the direction and control of at least one member or manager of the limited  liability  company  or  a  manager  or managing  officer  of  a  corporation, who shall be required to meet the licensing requirements of this article on behalf  of  the  licensee  and who,  in  the  case  of  a  corporation,  shall not be required to be an officer of the  corporation.    If  such  member,  manager  or  managing officer,  who shall have met the requirements of this article, ceases to act in the capacity of member, manager or managing corporate officer for any reason whatsoever, the  licensee  shall  notify  the  department  in writing  within  fourteen  days  from such termination or cessation. The licensee may continue to conduct the business of  installing,  servicing or maintaining security or fire alarm systems for a period not to exceed sixty days from the date of such termination or cessation; the period of sixty  days  aforesaid may be extended upon application to the secretary of state and for good cause for an additional period not to  exceed  one hundred  twenty days; by the end of such period a new member, manager or managing  officer  must  be  designated  who  has  met   the   licensing requirements of this article on behalf of the licensee.  (b)  The limited liability company or corporation shall be liable with respect to all actions taken by its member, manager or managing  officer acting on behalf of such limited liability company or corporation.   4.  A  license  to  engage in the business of installing, servicing or maintaining security or fire alarm systems issued to an  individual  may be  assigned or transferred for the remainder of the license period to a partnership, limited liability company or corporation if such individual is a member of such partnership,  a  member  of  the  limited  liability company or an officer of such corporation at the time of such assignment or  transfer.  A  license  issued  to  a  partnership may be assigned or transferred for the remainder of the license period to any one member of such partnership, provided he obtains the consent of all  of  the  other members  of  such  partnership.    The  application for such transfer or assignment must be accompanied by the requirements of paragraphs (a) and (b) of subdivision one of section sixty-nine-o of this  article  and  by proof  satisfactory  to  the  department  that  the  requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face  of the  license  by  the department and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements  shall  be made  without payment of any fee. A bona fide purchaser of such business from the holder of the license thereof may continue to use  the  license of  the  seller  for  a period of thirty days from the date of the sale, provided there  is  endorsed  on  the  face  thereof  the  name  of  the purchaser, the date of the sale, and the signature of the seller and the purchaser;  and  provided  further within five days from the date of the sale, an application, in accordance with the provisions of this article, shall be presented by the purchaser to the  secretary  of  state  for  a license  to conduct the business of installing, servicing or maintaining security or fire alarm systems.   5.  Employees  of  a  person  licensed  to  conduct  the  business  of installing,  servicing  or  maintaining  security  or fire alarm systems shall not be required to  be  licensed  provided  that  the  nonlicensed  employee  have  in his possession an identification card issued pursuant to section sixty-nine-m of this article. A person  licensed  to  conduct such  business shall, however, be required to submit to the department a full   set   of   fingerprints  of  any  employee  who  assists  in  the installation,  servicing  or  maintaining  of  security  or  fire  alarm systems,  which  shall be forwarded by the department to the division of criminal justice services to be compared with the fingerprints  on  file with  the division to determine whether such employee has been convicted of a felony involving fraud, bribery, perjury or the theft  pursuant  to article  one  hundred  forty, one hundred fifty-five, one hundred sixty, one hundred sixty-five, one hundred seventy, one  hundred  seventy-five, one  hundred  seventy-six,  one hundred eighty, one hundred eighty-five, one hundred ninety, one hundred ninety-five, two hundred or two  hundred ten of the penal law or has a criminal action which has been pending for under   one  year  without  a  final  disposition  unless  adjourned  in contemplation of dismissal.  Employee fingerprints will be  recorded  in such  manner  as  the  secretary  of  state  may prescribe by rule. Such employee's fingerprints shall be taken on a  standard  fingerprint  card approved  for  fingerprinting  by the state division of criminal justice services and shall be accompanied by the appropriate processing fees  in proper  form for the division of criminal justice services. The division of criminal justice services shall return the fingerprint card  and  the report  of such convictions to the department, who shall then notify the licensee that such employee has been convicted of such a felony or has a criminal action pending pursuant to a schedule developed by the division in conjunction with the secretary of state but  not  to  be  implemented prior  to September first, nineteen hundred ninety-four. Upon submission of such fingerprints to the department, a person may be  employed  on  a provisional   basis   to   assist  in  the  installation,  servicing  or maintaining of security or fire alarm systems.  However,  such  employee may  not  continue  in  such  a  capacity  if it is determined that such employee has been convicted of such a felony or has  a  criminal  action pending.   6.  A  license  to  conduct  the  business of installing, servicing or maintaining security or fire alarm systems issued to an individual or to a partnership may be used after the death of the licensed individual  or co-partner  by  his  next  of  kin  or  duly  appointed administrator or executor in the name of the estate for a period of not more  than  sixty days  from  the date of death of such individual or co-partner, provided that there is endorsed upon the face of the license after  the  name  of the  decedent the word "deceased", the date of death and the name of the next of kin, administrator or executor under whose authority the license is being used; the period of sixty days aforesaid may be  extended  upon application  to  the  secretary of state and for good cause shown for an additional period not to exceed one hundred twenty days. Any license  so continued  which  shall  expire  during such period of sixty days or the extension thereof may be renewed by the next of  kin,  administrator  or executor for the balance of such period or the extension thereof.   7.  A  license  to  conduct  the  business of installing, servicing or maintaining security or fire alarm systems shall be conspicuously posted upon the premises where the licensee  is  engaged  in  the  business  of installing, servicing or maintaining security or fire alarm systems.   8.  Any license which has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this article,  be  renewed  for additional  periods  of  two  years from its expiration, without further examination, upon the filing of an application for such  renewal,  on  a form and with such additional information as prescribed by the secretary of state.    9.  Any  person  failing  to file application and fee for renewal of a license within one year immediately following the expiration of his last license shall pay an additional fee of sixty dollars, and if he fails to file application and fee for  renewal  within  two  years  he  shall  be ineligible   for  such  license  until  he  shall  have  again  met  the requirements set forth in this article.   10. A duplicate license may be  issued  for  one  lost,  destroyed  or mutilated  upon  application  therefor  on  a  form  prescribed  by  the secretary of state and the payment of the  fee  prescribed  therefor  by this   article.   Each  such  duplicate  license  shall  have  the  word "duplicate" stamped across the face thereof  and  shall  bear  the  same number as the one it replaces.   11.  Notice  in  writing  shall be given the secretary of state at his office in Albany by the holder of a license to conduct the  business  of installing,  servicing  or maintaining security or fire alarm systems of any change in address of the business or residence of the person engaged in such business together  with  the  return  of  license,  whereupon  a properly  signed  endorsement will be made on the face of the license as to such change and the license then returned to the licensee.  A  change of  address by a licensee without such notice and endorsement of license shall operate to cancel the license.