reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 75 - Posting and Surrender of License Certificate.

§  75.  Posting and surrender of license certificate. Immediately upon
  the receipt of the license certificate issued by the department of state
  pursuant to this article, the licensee named therein  shall  cause  such
  license  certificate  to  be  posted  up and at all times displayed in a
  conspicuous place in the bureau, agency, sub-agency,  office  or  branch
  office  for  which it is issued, so that all persons visiting such place
  may readily  see  the  same.  Such  license  certificate  shall  at  all
  reasonable  times  be subject to inspection by the secretary of state or
  an authorized representative or representatives  of  the  department  of
  state.  It  shall be unlawful for any person, firm, partnership, limited
  liability company or corporation holding  such  license  certificate  to
  post  such  certificate  or to permit such certificate to be posted upon
  premises other than those described therein or  to  which  it  has  been
  transferred  pursuant to the provisions of this article, or knowingly to
  alter, deface or destroy any such  license  certificate.  Every  license
  certificate  shall  be  surrendered  to  the  department of state within
  seventy-two hours after its terms shall have expired or after notice  in
  writing  to  the  holder  that such license has been revoked. Failure to
  comply with any of the provisions of this section is a  misdemeanor  and
  sufficient cause for the revocation of a license.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 76 - Certificate or Pocket Card Lost or Destroyed.

§  76.  Certificate  or  pocket card lost or destroyed. If it shall be
  established to the satisfaction of the secretary of state, in accordance
  with rules and regulations of such department, that an unexpired license
  certificate or pocket card, issued in accordance with the provisions  of
  this  article,  has  been lost or destroyed without fault on the part of
  the holder, such department shall issue a duplicate license  certificate
  or  pocket  card  for  the unexpired portion of the term of the original
  license  certificate.    The  secretary  of  state   shall   receive   a
  non-refundable fee of ten dollars for issuing a duplicate certificate of
  license or identification card.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 77 - Removal of Bureau, Agency or Office.

§  77.  Removal  of  bureau,  agency  or  office.  If the holder of an
  unexpired license certificate issued  pursuant  to  this  article  shall
  remove  the  bureau,  agency,  sub-agency,  office or branch office to a
  place other than that described in the license  certificate,  he  shall,
  within  the  twenty-four  hours immediately following such removal, give
  written notice of such removal to the department of state, which  notice
  shall  describe  the premises to which such removal is made and the date
  on which it  was  made,  and  send  such  license  certificate  to  such
  department,  at  its  office  in the city of Albany, and such department
  shall cause to be written or stamped across the  face  of  such  license
  certificate  a  statement,  signed  by  the  secretary  of  state  or an
  authorized subordinate of the department of state, to  the  effect  that
  the  holder  of  such  license  has  removed, on the date stated in such
  written notice, such bureau, agency, sub-agency, office or branch office
  from the place originally described in such license certificate  to  the
  place  described  in  such  written notice, and such license certificate
  with the indorsement thereon shall then  be  returned  to  the  licensee
  named therein.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 78 - Renewal of Licenses.

§  78.  Renewal of licenses. A license granted under the provisions of
  this article may be renewed by the department of state upon  application
  therefor  by  the  holder  thereof,  in such form as such department may
  prescribe, accompanied by the non-refundable fee and surety bond each in
  amounts equivalent to those specified in section  seventy-four  of  this
  article  as  pertaining  to original licenses.  The application shall be
  filed six weeks before the expiration date of  the  license  unless  the
  application  is  accompanied  by a non-refundable late filing fee of one
  hundred dollars. In no event will  renewal  be  granted  more  than  six
  months  after  the  date  of  expiration  of a license. No person, firm,
  limited liability company, partnership or corporation shall carry on any
  business subject to this article  during  any  period  which  may  exist
  between the date of expiration of a license and the renewal thereof.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 78-A - Surrender of Licenses.

§  78-a.  Surrender  of  licenses.  A  license issued pursuant to this
  article may not be surrendered nor  may  any  licensee  resign  as  such
  licensee  without  the written approval of the secretary of state or any
  deputy authorized to act for him.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 82 - Employees Not to Divulge Information or Make False Reports.

§ 82. Employees not to divulge information or make false reports.  Any
  person who is or has been an employee of a holder of a license shall not
  divulge  to  any  one  other than his employer, or as his employer shall
  direct, except as he may be required by law, any information acquired by
  him during such employment in respect of any of the  work  to  which  he
  shall  have been assigned by such employer.  Any such employee violating
  the provisions of this section and any such employee who shall  wilfully
  make  a  false  report  to  his employer in respect of any of such work,
  shall be guilty of a misdemeanor. The employer of any employee  believed
  to  have  violated  this  section shall without any liability whatsoever
  upon said employer supply the secretary of  state  or  such  officer  or
  person  in  the  department  of  state  as  the  secretary  of state may
  designate, all the known facts and circumstances in connection with  the
  said  employee's  transaction or performance or action believed to be in
  violation of this article and the secretary of state or  his  authorized
  representative  shall,  should  the facts and circumstances be deemed to
  warrant, conduct further investigation  and  submit  the  evidence  thus
  acquired  to the attorney-general of the state for appropriate action in
  accordance with the provisions of section eighty-five of this chapter.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 85 - Prosecution.

§ 85. Prosecution. Criminal action for violation of this article shall
  be  prosecuted by the attorney general, his or her deputy, or a district
  attorney, in  the  name  of  the  people  of  the  state.  In  any  such
  prosecution  the  attorney general, or his or her deputy, shall exercise
  all the powers and perform all duties which the district attorney  would
  otherwise  be authorized to exercise or to perform therein. The attorney
  general or a district attorney shall, upon a conviction for a  violation
  of  any  provision  of this article and within ten days thereafter, make
  and file with the department of state a detailed report showing the date
  of such conviction, the name of the person convicted and the  nature  of
  the charge.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 86 - Reward May Be Presumed.

§  86.  Reward  may be presumed. In any prosecution under this article
  any person, firm, limited liability company, partnership or  corporation
  who  performs  or  commits any of the acts set forth in sections seventy
  and seventy-one of this article shall be presumed to do so  for  a  fee,
  compensation, valuable consideration or reward.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 87 - Department of State to Employ Agents; Expenses for Enforcement of Law.

§  87.  Department of state to employ agents; expenses for enforcement
  of law. The department of state is  hereby  authorized  to  employ  such
  agent  or  agents as the secretary of state may deem necessary to enable
  the department of state to carry out the provisions of this article  and
  to enforce compliance therewith.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 88 - Roster of Licensees.

§  88.  Roster  of licensees. The department of state shall publish at
  least once in each year, a roster of the  names  and  addresses  of  all
  persons,  firms,  limited  liability companies and corporations licensed
  under the provisions of this article. A copy of each  roster  issued  by
  the  department  of  state  shall  be  mailed by it to any licensee upon
  request and without charge.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 89 - Inspection by Industrial Commissioner.

§  89. Inspection by industrial commissioner. All applications, papers
  and records on file in the department of state in  connection  therewith
  shall  at  all  times  be  open  for  the  inspection  of the industrial
  commissioner of the department  of  labor  and  the  persons  in  charge
  thereof shall afford every reasonable facility for their examination and
  permit copies to be made when required by the industrial commissioner.
2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 89-A - Disposition of Fees and Other Revenue.

§  89-a.  Disposition  of  fees  and other revenue. All fees and other
  moneys derived from the operation of this article shall on the fifth day
  of each month be  paid  by  the  department  of  state  into  the  state
  treasury.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-I - Investigation.

§  89-i.  Investigation. Within five business days after receipt of an
  application, the department shall transmit to the division two  sets  of
  fingerprints  and  the  fees  required  pursuant  to  paragraph  (b)  of
  subdivision ten of section eighty-nine-h of this  article.  One  set  of
  fingerprints  and  the  required  fee  shall be submitted to the federal
  bureau of investigation for a national criminal  history  record  check.
  The  results  will be used to ascertain whether or not the applicant has
  been charged with or convicted of a serious offense and may cause to  be
  conducted  an  investigation  to verify the information contained in the
  application; provided, however, that the  department  shall  cause  such
  investigation  to  be conducted for applicants whose application has not
  been submitted and verified pursuant to section  eighty-nine-g  of  this
  article.  The  department,  in consultation with the division, may waive
  such background checks, investigations and fees if in its  opinion,  the
  security  guard applicant has been subject to previous background checks
  and investigation requirements which meet or exceed the requirements  of
  this section. The department, in consultation with the division, may not
  be   required   to  conduct  background  checks  or  investigations  for
  applicants who are also employed as peace officers.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-K - Issuance and Denial of Registration Cards.

§  89-k. Issuance and denial of registration cards. 1. Requirements of
  registration cards. Unless the department determines that the  applicant
  does  not meet the requirements of section eighty-nine-h of this article
  or is unable to perform security  guard  functions,  it  shall  issue  a
  registration  card  in  a form prescribed by the department, which shall
  include, among other information, the expiration date of such  card  and
  any renewal thereof, authorizing the applicant to perform security guard
  functions.  If the department determines that an applicant does not meet
  the requirements of section eighty-nine-h of this article, it shall deny
  the  application  for  a  registration  card.    Upon  issuance  of  the
  registration  card or denial of the application therefor, the department
  shall forthwith give notice of such issuance or denial to such applicant
  and to the security guard  company  which  employs  such  applicant,  by
  regular mail.
2.  Administrative  review.  Denial  of  a registration card hereunder
  shall be reviewable  by  an  administrative  hearing  as  set  forth  in
  subdivisions  two,  three, four and five of section seventy-nine of this
  chapter.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-M - Renewal of Registration Cards.

§  89-m.  Renewal  of  registration cards. 1. Registration cards shall
  expire two years from the date of issuance or last renewal as  the  case
  may  be.  Not  less  than  sixty  nor more than ninety days prior to the
  expiration date of a registration card, the  department  shall  mail  to
  each  registrant  at  his  last  known  address, notice of renewal and a
  registration renewal form.  Registration  cards  shall  not  be  renewed
  unless  not  more  than  sixty  nor  less  than thirty days prior to the
  expiration date of the registration card,  the  holder  submits  to  the
  department,  a  registration  renewal  form  sworn to or affirmed by the
  holder under the penalty of perjury together with a biennial renewal fee
  in the amount of twenty-five dollars payable to  the  department  and  a
  certificate  certifying that the holder has satisfactorily completed the
  required  annual  in-service  training  courses  as  prescribed  by  the
  commissioner  pursuant  to  subdivision  one  of  section  eight hundred
  forty-one-c of the executive law. Unless the department  determines  the
  existence  of  facts which would constitute cause for denial, revocation
  or suspension of the registration card  pursuant  to  this  article,  it
  shall  renew the registration card. Denial of renewal hereunder shall be
  reviewable  by  an  administrative  hearing  as  set  forth  in  section
  seventy-nine  of  this  chapter. The twenty-five dollar biennial renewal
  fee collected by the department shall  be  deposited  to  the  licensing
  examinations  services account established pursuant to the provisions of
  section 97-aa of the state finance law. Notice that a registration  card
  has  expired  or  has not been renewed pursuant to this section shall be
  given by the secretary to the holder of such registration  card  and  to
  the security guard company by which such holder was employed at the time
  of such expiration or non-renewal.
2.  A  registration card which was not renewed or which expired may be
  reissued  only  in  a  manner  prescribed  by  rules   and   regulations
  promulgated by the department.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-O - Rules and Regulations.

§  89-o.  Rules  and  regulations. The secretary shall in consultation
  with the security guard advisory council, adopt  rules  and  regulations
  implementing  the provisions of this article. Such rules and regulations
  shall include criteria for determining whether a person  is  a  security
  guard  or  whether a particular function is a security guard function as
  defined by subdivision six of section eighty-nine-f of this article.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-P - Violations and Penalties.

§  89-p.  Violations  and  penalties.  Any person who is employed as a
  security guard or who acts as a  security  guard  in  violation  of  the
  provisions of section eighty-nine-g of this article or who knowingly and
  wilfully  makes material misstatements in the application for or renewal
  of his or her  registration  card  or  who  permits  or  authorizes  the
  employment  of  a  person  as  a  security  guard  in  violation  of the
  provisions of section eighty-nine-g of  this  article  or  any  security
  guard  company  which  employs  a  security  guard  in  violation of the
  provisions of section eighty-nine-g of this article shall be guilty of a
  misdemeanor which, upon conviction, shall be punishable  by  a  term  of
  imprisonment not to exceed six months, or by a fine of not more than one
  thousand  dollars,  or by both such fine and imprisonment upon the first
  conviction and by a term of imprisonment not to exceed one year or by  a
  fine  of  not  less  than  one  thousand  dollars  and not to exceed two
  thousand five hundred dollars or by both such fine and imprisonment upon
  a subsequent conviction. Any person who  shall  knowingly  and  wilfully
  fail   to  surrender  his  or  her  registration  card  as  required  by
  subdivision seven of section eighty-nine-l  of  this  article  shall  be
  guilty  of  a  violation  punishable by a fine not to exceed two hundred
  fifty dollars in addition to any other penalty prescribed by  law.  Each
  violation of this article shall be deemed a separate offense.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-Q - Separability.

§  89-q.  Separability.  If  any item, clause, sentence, subparagraph,
  subdivision, section or other part of this article, or  the  application
  thereof to any person or circumstances shall be held to be invalid, such
  holding  shall  not  affect,  impair or invalidate the remainder of this
  article, or the application of such section or part of  a  section  held
  invalid,  to any other person or circumstances, but shall be confined in
  its operation to the item, clause, sentence, subparagraph,  subdivision,
  section or other part of this article directly involved in such holding,
  or to the person and circumstances therein involved.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-R - Preemption.

§  89-r.  Preemption.  The  provisions  of  this  article shall govern
  notwithstanding any other law to the contrary and further, no local  law
  shall  be  enacted  which  shall  require  any  fee  or  license for the
  licensure of registration or security guards.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-S - Reporting.

§  89-s.  Reporting.  On  or  before  February first, nineteen hundred
  ninety-four, and on or before February first of  each  succeeding  year,
  the  secretary, upon consultation with the commissioner and the security
  guard advisory council, shall report  to  the  governor,  the  temporary
  president  of  the  senate  and  the  speaker  of  the  assembly  on the
  implementation, procedures, operation, training, and enforcement of  the
  security  guard  act  of  nineteen hundred ninety-two, together with any
  recommendations relating thereto. Such report shall include, but not  be
  limited to:
a.  the  number  of  security  guards registered and maintained in the
  security guard registry;
b. the number of  applicants  for  registration,  and  the  number  of
  applications denied with the reason or reasons therefor;
c.  statistics  related  to  the  time it takes to process fingerprint
  cards, applications and inquiries to  the  registry  by  security  guard
  companies;
d.  the  number  and  length  of  suspensions and revocations, and the
  number and amount of fines imposed;
e. the amount of fees collected by the department and the division;
f. the level of appropriation authority available  to  the  department
  and  the division and the amount of money expended by the department and
  division for the  purposes  of  carrying  out  the  provisions  of  this
  article; and
g.  any  other  information which the department and the division deem
  necessary.  The  division  shall  provide  the   department   with   any
  information necessary to comply with the requirements of this section.
2023 New York Laws › GBS - General Business › Article 7-A - Security Guard Act › 89-W - Applicability.

* §  89-w.  Applicability.  The  provisions  of this article shall not
  apply to a not-for-profit security  guard  company,  public  entity,  or
  tenant  or  third-party  security  provider of such tenant of a publicly
  owned sports venue with a capacity of at  least  sixty  thousand  people
  located  in  the  county of Erie, which hires a security guard or guards
  for a specific event or events solely for its own  proprietary  use  and
  which employs such security guards only on a temporary basis for a total
  period  not exceeding fifteen days per year. Notwithstanding anything to
  the contrary, such tenant or third-party security provider of a publicly
  owned sports venue with a capacity of at  least  sixty  thousand  people
  located  in  the  county  of  Erie  shall ensure that no less than fifty
  percent of the security guards that such tenant or third-party  security
  provider hires have obtained a license under this article.
* NB Effective until September 20, 2024
* §  89-w.  Applicability.  The  provisions  of this article shall not
  apply to a not-for-profit security guard company or public entity  which
  hires  a  security guard or guards for a specific event or events solely
  for its own proprietary use and which employs such security guards  only
  on  a  temporary basis for a total period not exceeding fifteen days per
  year.
* NB Effective September 20, 2024
* NB Numerically this section should be in  Art.  8  but  its  subject
  matter places it in Art. 7-A.
2023 New York Laws › GBS - General Business › Article 8 - Process Servers › 89-T - Definitions.

§  89-t.  Definitions.  For this article, a process server is a person
  other than an attorney or a party to an action acting on his own  behalf
  who:  (a) derives income from the service of papers in an action; or (b)
  has  effected  service of process in five or more actions or proceedings
  in  the  twelve  month  period  immediately  preceding  the  service  in
  question.  A  person who serves interlocutory papers upon an attorney or
  who serves papers on behalf of a federal, state  or  local  governmental
  agency  in  the  course  of  his  employment by such agency shall not be
  deemed a process server within the meaning of this article by virtue  of
  such service.
2023 New York Laws › GBS - General Business › Article 8 - Process Servers › 89-U - Process Server Records, Penalties.

§  89-u.  Process  server  records,  penalties. 1. Each process server
  shall maintain a legible record of all service made by him as prescribed
  in this section.
2.  The  record  to  be  maintained  shall   include   the   following
  information, where applicable:
a. the title of the action;
b. the name of the person served, if known;
c. the date and approximate time service was effected;
d. the address where service was effected;
e. the nature of the papers served;
f. the court in which the action has been commenced;
g. the index number of the action, if known.
3.  If service is effected pursuant to subdivisions one, two, or three
  of section three hundred eight of the civil practice law and rules,  the
  record  shall  also  include  the  description  of  the  person  served,
  including,  but  not  limited  to,  sex,  color  of  skin,  hair  color,
  approximate age, height and weight and other identifying features.
4.  If  service  is  effected  pursuant to subdivision four of section
  three hundred eight of the civil practice  law  and  rules,  the  record
  shall  also  include  the dates, addresses and time of attempted service
  pursuant to subdivisions one, two or three of such section.
5. If the process server files an affidavit of service with the court,
  his record shall include the date of such filing.
6. Process servers shall retain each record required to be kept  under
  this article for a period of two years from the date of service. Where a
  process  server is employed as a process server by any person, a copy of
  such records shall also be maintained by such person  at  his  principal
  office in this state for the same period.
2023 New York Laws › GBS - General Business › Article 8 - Process Servers › 89-V - Enforcement by Attorney General.

§  89-v.  Enforcement  by  attorney  general. In addition to the other
  remedies provided, whenever there shall be a violation of this  article,
  application  may  be  made  by  the  attorney general in the name of the
  people  of  the  state  of  New  York  to  a  court  or  justice  having
  jurisdiction  by  a  special proceeding to issue an injunction, and upon
  notice to the defendant of not  less  than  five  days,  to  enjoin  and
  restrain  the  continuance of such violations; and if it shall appear to
  the satisfaction of the court or justice  that  the  defendant  has,  in
  fact,  violated  this article, an injunction may be issued by such court
  or justice, enjoining and restraining  any  further  violation,  without
  requiring  proof  that  any person has, in fact, been injured or damaged
  thereby. In any such proceeding, the court may make  allowances  to  the
  attorney  general  as  provided  in  paragraph six of subdivision (a) of
  section eighty-three hundred three of the civil practice law and  rules.
  Whenever  the court shall determine that a violation of this article has
  occurred, the court may impose a civil penalty  of  not  more  than  one
  thousand dollars for each violation. Provided, however, a process server
  or agency may not be held liable for penalty in any action brought under
  this  section  for  violation  of this article, if the process server or
  agency shows by a preponderance of the evidence that the  violation  was
  not intentional and resulted from a bona fide error, notwithstanding the
  maintenance  of  procedures  reasonably adopted to avoid any such error.
  Examples of a bona fide error include, but are not limited to,  clerical
  calculation,  computer  malfunction and programming and printing errors.
  In connection with any such proposed application, the  attorney  general
  is  authorized  to  take  proof and make a determination of the relevant
  facts and to issue subpoenas in accordance with the civil  practice  law
  and rules.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-BB - Definitions.

§ 89-bb. Definitions. For the purposes of this article:
1.  A  "process server" is a person, other than an attorney or a party
  to an action acting on his own behalf, who: (a) derives income from  the
  service  of  papers in an action; or (b) has effected service of process
  in five or more actions  or  proceedings  in  the  twelve  month  period
  immediately  preceding  the  service  in  question.  A person who serves
  interlocutory papers upon an attorney or who serves papers on behalf  of
  a  federal,  state  or  local  governmental  agency in the course of his
  employment by such agency shall not be deemed a  process  server  within
  the meaning of this article by virtue of such service.
2.  A  "process  serving  agency"  is  any  person, firm, partnership,
  association or corporation, other than an attorney or a law firm located
  in this state, who,  as  owner,  manager  or  contractor,  maintains  an
  office,  bureau  or  agency for the purpose of assigning or distributing
  process to individual process servers for actual service.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-DD - Process Serving Agency Records.

§  89-dd.  Process  serving  agency  records.  1. Each process serving
agency shall be required to keep  complete  and  accurate  records  with
respect  to  each  process  server  to  whom  it distributes, assigns or
delivers process to be served. Corrections in records shall be made only
by drawing a straight line through  the  inaccurate  entry  and  clearly
printing  the  accurate information directly above the inaccurate entry.
All other methods of correction, including but not limited to,  erasing,
opaquing, obliterating, or redacting, are prohibited.
2. Such records shall include, where applicable:
(a)  The  name  of  the process server to whom process is distributed,
assigned or delivered to be served;
(b) The titles or a reasonable abbreviation thereof and index  numbers
of each case if filed in court by the agency;
(c)  The date that such papers were assigned for service, and the date
that service was effected;
(d) The person from whom such papers were received for service;
(e) The date of filing of papers  with  the  court  if  filed  by  the
agency;
(f)  The  type  of  service  effected whether personal, substituted or
conspicuous.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-EE - Responsibility of Process Serving Agency and Process Servers.

§ 89-ee. Responsibility of process serving agency and process servers.
  1.  It shall be unlawful for a process server to fail to comply with all
  legal requirements for the service of process.
2. A process serving agency shall be legally responsible for the  acts
  of each process server to whom it has distributed, assigned or delivered
  process  for  service if it could reasonably have known that the process
  server was acting improperly.
3. It shall be unlawful for a process  serving  agency  or  a  process
  server  to  fail  to  comply  with  all  laws and regulations respecting
  preparation, notarization and filing of affidavits of service of process
  and other documents.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-FF - Affidavits of Service.

§  89-ff.  Affidavits  of  service. It shall be unlawful for a process
  server to fail to set forth on  any  affidavit  of  service  or  process
  signed  by him his license or registration number if such process server
  is required to be licensed or registered pursuant to any state or  local
  law  and the name and address of any process serving agency from whom he
  obtained the process for service if any.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-GG - Availability of Records.

§   89-gg.  Availability  of  records.  All  records  required  to  be
  maintained by this article shall be retained  by  a  process  server  or
  process  serving  agency  for  a  minimum  of  three  years and shall be
  available for inspection by the attorney general. The  attorney  general
  shall  afford  a  process server or process serving agency at least five
  days prior written notice of its desire to make an inspection of records
  and shall specify the records to be inspected.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-HH - Enforcement by Attorney General.

§  89-hh.  Enforcement  by  attorney general. In addition to the other
  remedies provided, whenever there shall be a violation of this  article,
  application  may  be  made  by  the  attorney general in the name of the
  people  of  the  state  of  New  York  to  a  court  or  justice  having
  jurisdiction  by  a  special proceeding to issue an injunction, and upon
  notice to the defendant of not  less  than  five  days,  to  enjoin  and
  restrain  the  continuance of such violations; and if it shall appear to
  the satisfaction of the court or justice  that  the  defendant  has,  in
  fact,  violated  this article, an injunction may be issued by such court
  or justice, enjoining and restraining  any  further  violation,  without
  requiring  proof  that  any person has, in fact, been injured or damaged
  thereby. In any such proceeding, the court may make  allowances  to  the
  attorney  general  as  provided  in  paragraph six of subdivision (a) of
  section eighty-three hundred three of the civil practice law and  rules.
  Whenever  the court shall determine that a violation of this article has
  occurred, the court may impose a civil penalty  of  not  more  than  one
  thousand dollars for each violation. Provided, however, a process server
  or agency may not be held liable for penalty in any action brought under
  this  section  for  violation  of this article, if the process server or
  agency shows by a preponderance of the evidence that the  violation  was
  not intentional and resulted from a bona fide error, notwithstanding the
  maintenance  of  procedures  reasonably adopted to avoid any such error.
  Examples of a bona fide error include, but are not limited to,  clerical
  calculation,  computer  malfunction and programming and printing errors.
  In connection with any such proposed application, the  attorney  general
  is  authorized  to  take  proof and make a determination of the relevant
  facts and to issue subpoenas in accordance with the civil  practice  law
  and rules.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-II - Preservation of Private Remedies.

§  89-ii.  Preservation  of  private remedies. Nothing in this article
  shall be construed to nullify or impair any right  or  rights  which  an
  individual  may  have against a process server or process serving agency
  at common law, by statute or otherwise.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-JJ - Preemption.

§  89-jj.  Preemption.  This  article does not annul, alter, affect or
  exempt any person or business entity subject to the provisions  of  this
  article  from complying with any local law, ordinance or regulation with
  respect to process servers or process serving  agencies  except  to  the
  extent  that  those  laws  are  inconsistent  with any provision of this
  article, and then only to the extent of the inconsistency. For  purposes
  of   this   section,  a  local  law,  ordinance  or  regulation  is  not
  inconsistent with this article if the protection such law or  regulation
  affords  a  consumer  is  greater  than  the protection provided by this
  article.
2023 New York Laws › GBS - General Business › Article 8-A - Process Servers and Process Serving Agencies in Cities Having a Population of One Million or More › 89-KK - Severability.

§  89-kk.  Severability.  If  any  provision of this article or if any
  application thereof to any person or circumstance is held  invalid,  the
  remainder  of this article and the application of the provision to other
  persons and circumstances shall not be affected thereby.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-BBB - Definitions.

§  89-bbb. Definitions. When used in this article, the following terms
  shall have the following meanings:
1. "Commissioner" means the commissioner of the division  of  criminal
  justice services.
2. "Division" means the division of criminal justice services.
3. "Secretary" means the secretary of state.
4. "Department" means the department of state.
6.   "Armored   car   carrier"   means  any  individual,  partnership,
  association,  limited  liability  company,  corporation,  or  any  other
  entity,  engaging  in the business of providing armored car services for
  hire.
7. "Armored car services" means engaging in the business of  providing
  secured  transportation,  protection  and safeguarding of valuable cargo
  from one place or point to another,  including  the  provision  of  cash
  services  for  automated teller machines, by means of specially designed
  and  constructed  bullet-resistant  armored  vehicles  and  armored  car
  guards.
8.  "Armored  car  guard"  has  the  meaning  ascribed to that term by
  subdivision eight of section eighty-nine-ppp of this chapter.
9. "Valuable  cargo"  means  money,  cash,  currency,  coin,  bullion,
  precious   metals   and  articles  made  therefrom,  gems  and  jewelry,
  negotiable and non-negotiable securities, bonds, notes, checks,  drafts,
  coupons,  or  other  valuable  instruments,  documents  or certificates,
  including tapes, computer disks, or other electronic or magnetic  media,
  U.S. Postage Stamps, food stamps, and other articles of unusual value.
10.  "Licensee"  means  an  armored car carrier that has been issued a
  license in accordance with the provisions of this article.
11. "Principal" means any person controlling an interest greater  than
  ten percent of an armored car carrier.
12.  "Officer"  means  the  four  primary  officers  of a corporation,
  normally defined as president, vice-president, secretary and treasurer.
13. "Serious offense"  has  the  meaning  ascribed  to  that  term  by
  subdivision thirteen of section eighty-nine-f of this chapter.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-CCC - Doing Business Without a License Prohibited.

§   89-ccc.  Doing  business  without  a  license  prohibited.  1.  No
  individual,  partnership,  association,   limited   liability   company,
  corporation,  or  any  other  entity,  shall  operate in the state as an
  armored car carrier or provide armored car services, or hold  themselves
  out  as  an  armored  car  carrier  or provider of armored car services,
  except as authorized by this article and without first being licensed by
  the department. No armored car carrier  shall  employ  any  armored  car
  guard  who does not possess a conditional letter of authority or a valid
  registration card in accordance with the provisions of  article  eight-C
  of this chapter.
2.  Notwithstanding the provisions of subdivision one of this section,
  each armored car carrier engaging in the business of  providing  armored
  car  services in the state as of the effective date of this section, may
  continue to provide such services until the one  hundred  eightieth  day
  after this section shall have taken effect. No armored car carrier shall
  provide armored car services after such date which has not complied with
  the provisions of this article and article eight-C of this chapter.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-DDD - Application for Licenses.

§  89-ddd.  Application  for  licenses.  1.  Application for a license
  required under this article shall  be  in  writing,  subscribed  by  the
  applicant  under  oath, and in the form prescribed by the secretary, and
  shall contain the following:
a. The exact name and the address of the applicant  and  its  date  of
  incorporation or organization, as applicable;
b. The name and the business and residential address of each principal
  and officer of the applicant;
c.  The  complete address where the business of the applicant is to be
  conducted, showing the street  and  number,  if  any,  post  office  and
  building  and  room number, if any, the office building and room number,
  if any, and the municipality and county;
d. If  the  applicant  has  one  or  more  branches,  subsidiaries  or
  affiliates  operating  in  the  state, the complete address of each such
  place of business; and
e. A complete set of two fingerprint  cards  for  each  principal  and
  officer  of the applicant on a standard fingerprint card approved by the
  division and a fee pursuant to  subdivision  eight-a  of  section  eight
  hundred  thirty-seven  of the executive law, and amendments thereto, for
  the cost of the division's full search and retain procedures, which  fee
  shall  be  remitted by the department to the division for deposit by the
  comptroller into the general fund.   Before approving  such  application
  the  secretary,  or  his or her designee, shall forward one copy of such
  fingerprint card and the processing fee to the division upon receipt  of
  such  fingerprints. The division shall forward to the secretary 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. Upon the written request of an armored  car  carrier,  the
  secretary  shall  require each principal and officer of the applicant to
  submit to an additional fingerprint  check  by  the  Federal  Bureau  of
  Investigation,  and to remit the appropriate fee therefor. If additional
  copies of fingerprints are required the  applicant  shall  furnish  them
  upon request.
2.  Upon  original  application for a license to operate as an armored
  car carrier, the applicant shall pay an application fee in the amount of
  three hundred dollars. Upon  application  for  a  license  renewal,  the
  licensee  shall  pay  a  renewal  processing  fee in the amount of three
  hundred dollars.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-EEE - Conditions Precedent to Licensing.

§  89-eee.  Conditions  precedent  to  licensing.  Upon  filing  of an
  application for a license, if the secretary shall be satisfied that  the
  good  character,  competency  and integrity of the applicant, and of the
  principals and  officers  thereof,  are  such  as  to  comply  with  the
  provisions of this article, he or she shall thereupon issue a license to
  operate  as  an armored car carrier in accordance with the provisions of
  this article. Such license shall remain in full force and effect  for  a
  period  of  three  years  unless  it  is  surrendered by the licensee or
  revoked or suspended as hereinafter provided; if the secretary shall not
  so find, the secretary shall not issue such license  and  the  secretary
  shall  notify  the  applicant  of the denial in writing.   The secretary
  shall approve or deny every application  for  license  hereunder  within
  ninety  days  from the filing thereof.  No license shall be issued to an
  applicant who  has  been  convicted  of  a  serious  offense,  or  of  a
  misdemeanor,  where such conviction, in the discretion of the secretary,
  bears such a relationship to providing armored car  services  so  as  to
  constitute a bar to licensure.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-FFF - Licensing.

§  89-fff.  Licensing. 1. Each license issued under this article shall
  state the address or addresses at which the business is to be  conducted
  and  shall  state fully the name of the licensee, and the date and place
  of its incorporation or organization, as applicable, and the  expiration
  date  of the license. A copy of such license shall be prominently posted
  in each place of business of the licensee. Such  license  shall  not  be
  transferable or assignable.
2.  In the event the location at which the business is to be conducted
  shall be changed, the licensee shall forthwith notify the  secretary  in
  writing,  who  shall  thereupon  without  charge attach to the license a
  rider setting forth such changed location.
3. In the event that there shall be any changes among  the  principals
  or  officers  of  any  licensee, the licensee shall forthwith notify the
  secretary in writing, of the name and address of each new  principal  or
  officer,  and  shall submit a complete set of two fingerprint cards, and
  the appropriate fee, for each such principal or  officer  in  accordance
  with  the  provisions  of  paragraph  e  of  subdivision  one of section
  eighty-nine-ddd of this article.
4. Prior to the sale or transfer of all or the majority of  the  stock
  or  assets of any armored car carrier, the new principals or officers of
  the purchaser or transferee shall apply  for  a  new  license  with  the
  department in accordance with the provisions of sections eighty-nine-ddd
  and  eighty-nine-eee  of this article. Such application shall be made at
  least sixty days prior to such sale or transfer.  If  the  purchaser  or
  transferee  is  an  existing  licensee  under  this  article,  then such
  licensee need not reapply for licensure hereunder, but shall notify  the
  department  in  writing of such purchase or transfer at least sixty days
  prior thereto.
5. A license granted under the  provisions  of  this  article  may  be
  renewed by the department upon the application therefor by the licensee,
  in  such  form  as  the  department  may  prescribe,  accompanied by the
  nonrefundable renewal processing fee  pursuant  to  subdivision  two  of
  section  eighty-nine-ddd  of  this article. In no event shall renewal be
  granted more than six months after the date of expiration of a  license.
  No  individual,  partnership,  association,  limited  liability company,
  corporation, or any  other  entity  shall  engage  in  the  business  of
  providing armored car services subject to this article during any period
  which  may  exist  between  the  date of expiration of a license and the
  renewal thereof.
2023 New York Laws › GBS - General Business › Article 8-B - Licensing of Armored Car Carriers › 89-HHH - Enforcement of Article; Investigations.

§  89-hhh.  Enforcement  of article; investigations.   All armored car
  carriers shall be subject to the  enforcement  provisions  contained  in
  article  seven  of  this chapter, provided that such provisions shall be
  read in such a manner as to apply to armored car carriers or armored car
  guards, as the context requires.