2023 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.