NY Gen Bus L § 89-F (2021)
2021 New York Laws GBS - General Business Article 7-A - Security Guard Act 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.