2023 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.