N.Y. General Business Law 74 – Issuance of licenses; fee; bonds
§ 74. Issuance of licenses; fee; bonds. 1. (a) The application shall be accompanied by a non-refundable fee, payable to the department of state for the use of the state, for each certificate of license, as hereinbelow enumerated, issued to the applicant, if the applicant be an individual, of four hundred dollars for a license as private investigator or bail enforcement agent or a fee of three hundred dollars for a license as watch, guard or patrol agency, or if the applicant be a firm, partnership, limited liability company or corporation, a fee of five hundred dollars for a license as private investigator or bail enforcement agent or a fee of four hundred dollars for a license as watch, guard or patrol agency.
Terms Used In N.Y. General Business Law 74
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) When the application shall have been examined and such further inquiry and investigation made as the secretary of state shall deem proper, and when the secretary of state shall be satisfied therefrom of the good character, competency and integrity of such applicant, or, if the applicant be a firm or partnership, the individual members thereof, or if the applicant be a limited liability company, the individual members thereof, or if the applicant be a corporation, the president, secretary, treasurer and all other officers and all directors thereof, and each stockholder owning ten per centum or more of the stock and a period to ten days from the date of the filing of the application shall have passed, the department of state shall issue and deliver to such applicant a certificate of license to conduct such business and to own, conduct or maintain a bureau, agency, sub-agency, office or branch office for the conduct of such business on the premises stated in such application upon the applicant's executing, delivering and filing in the office of such department a surety company bond in the sum of ten thousand dollars; provided however, that an applicant for a license as a bail enforcement agent shall execute, deliver and file with the office of such department a surety company bond in the sum of five hundred thousand dollars, conditioned for the faithful and honest conduct of such business by such applicant, which surety bond must be written by a company recognized and approved by the superintendent of financial services of the state, and approved by the department of state with respect to its form, manner of execution and sufficiency provided, further, however, before a license is issued to a non-resident the applicant must file with the secretary of state a written consent to the jurisdiction of the courts of New York (i) in any case or cases arising from any contract for the performance of private investigative services as private investigator, bail enforcement agent or watch, guard or patrol agency, made within the state or to be performed, wholly or in part, within the state or in any way connected with the conduct of business within the state, and (ii) in any case or cases arising from any tort occurring within the state or occurring in connection with the business of the licensee within the state. The license as private investigator, bail enforcement agent or watch, guard or patrol agency granted pursuant to this article shall last for a period of two years, but shall be revocable at all times by the department of state for cause shown. Such bond shall be taken in the name of the people of the state of New York, and any person injured by the violation of any of the provisions of this article or by the wilful, malicious and wrongful act of the principal or employee may bring an action against such principal, employee or both on said bond in his own name to recover damages suffered by reason of such wilful, malicious and wrongful act. In each and every suit, or prosecution arising out of this article, the agency of any employee as to the employment and as to acting in the course of his employment, shall be presumed. The license certificate shall be in a form to be prescribed by the secretary of state and shall specify the full name of the applicant, the location of the principal office or place of business and the location of the bureau, agency, sub-agency, office or branch office for which the license is issued, the date on which it is issued, the date on which it will expire and the names and residences of the applicant or applicants filing the statement required by section seventy-two of this article upon which the license is issued and in the event of a change of any such address or residence the department of state shall be duly notified in writing of such change within twenty-four hours thereafter, and failure to give such notification shall be sufficient cause for revocation of such license. No such license as private investigator, bail enforcement agent or watch, guard or patrol agency shall be issued to a person under the age of twenty-five years.
(c) The secretary of state shall receive a non-refundable examination fee of fifteen dollars from each person who takes an examination to qualify for application for licensure pursuant to this article. Fees paid to the department of state pursuant to this article shall be deposited in the business and licensing services account established pursuant to § 97-y of the state finance law.
2. Except as hereinafter in this subdivision provided, no such license shall be issued to any person who has been convicted in this state or any other state or territory of a felony, or any of the following offenses, to wit: (a) illegally using, carrying or possessing a pistol or other dangerous weapon; (b) making or possessing burglar's instruments; (c) buying or receiving or criminally possessing stolen property; (d) unlawful entry of a building; (e) aiding escape from prison; (f) unlawfully possessing or distributing habit forming narcotic drugs; (g) violating subdivision six of § 722 of the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven, or violating section 165.25 or 165.30 of the penal law; (h) violating section seven hundred forty-two, section seven hundred forty-three, or § 745 of the said former penal law, or violating any § of the penal law. Except as hereinafter in this subdivision provided, no license shall be issued to any person whose license has been previously revoked by the department of state or the authorities of any other state or territory because of conviction of any of the offenses specified in this section. The provisions of this subdivision shall not prevent the issuance of a license to any person who, subsequent to his conviction, shall have received executive pardon therefor removing this disability, or who has received a certificate of relief from disabilities or a certificate of good conduct pursuant to Article 23 of the correction law to remove the disability under this section because of such conviction or previous license revocation occasioned thereby.
3. There shall be kept in the office of the department of state a bulletin board, in a place accessible to the general public, on which shall be posted at noon on Friday of each week the following: a statement of all pending applications for licenses under this article, giving the name of the applicant, and whether individual, firm, limited liability company or corporation, and the proposed business address; a similar statement of all such licenses issued during the preceding week; a similar statement of all such licenses revoked during the preceding week. No holder of an employment agency license shall be licensed under this article. While holding a license under this article a licensee shall not simultaneously hold an employment agency license or have financial interest in or participate in the control and management of any employment agency or any other person, firm, limited liability company or corporation engaged in private detective business except that a licensee hereunder may own or possess stock in any corporation whose only business is to undertake for hire the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables or whose only business is to provide or furnish protective, guard or private investigator service to: (a) the government of the United States or any subdivision, department or agency of the government of the United States, the government of the state of New York or any of its subdivisions, departments, commissions or agencies; or (b) a corporation created under or subject to the provisions of chapter four hundred forty of the laws of nineteen hundred twenty-six or chapter two hundred fifty-four of the laws of nineteen hundred forty. In the event of the filing in the office of the department of state a verified statement of objections to the issuance of a license under the provisions of this article, no license shall be issued to such applicant until all objections shall have been heard in a public hearing and a determination made in a manner provided by section seventy-nine of this article.
4. For changing the name on a license or for changing the status of a license, the secretary of state shall receive a non-refundable fee of one hundred fifty dollars.
5. For changing the address on a license, the secretary of state shall receive a non-refundable fee of ten dollars.