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§84. Unlawful acts
1. It is unlawful for the holder of a license, issued under this article, or for any employee of such licensee, knowingly to commit any of the following acts within or without the state of New York: to incite, encourage, or aid in the incitement or encouragement of any person or persons who have become a party to any strike, to do unlawful acts against the person or property of any one, or to incite, stir up, create or aid in the inciting of discontent or dissatisfaction among the employees of any person, firm, limited liability company or corporation with the intention of having them strike; to interfere or prevent lawful and peaceful picketing during strikes; to interfere with, restrain, or coerce employees in the exercise of their right to form, join or assist any labor organization of their own choosing; to interfere or hinder the lawful or peaceful collective bargaining between employees and employers; to pay, offer, or give any money, gratuity, favor, consideration, or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right of self-organization, to form, join, or assist labor organizations and to bargain collectively through representatives of their own choosing; to advertise for, recruit, furnish or replace or offer to furnish or replace for hire or reward, within or without the state of New York, any help or labor, skilled or unskilled, or to furnish or offer to furnish armed guards, other than armed guards theretofore regularly employed for the protection of payrolls, property or premises, for service upon property which is being operated in anticipation of or during the course or existence of a strike, or furnish armed guards upon the highways, for persons involved in labor disputes or to furnish or offer to furnish to employers or their agents, any arms, munitions, tear gas implements, or any other weapons; or to send letters or literature to employers offering to eliminate labor unions or distribute or circulate any list of members of a labor organization, or to advise any person of the membership of an individual in a labor organization for the express purpose of preventing those so listed or named from obtaining or retaining employment. The violation of any of the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than $500, or one year’s imprisonment or both. It is unlawful for the holder of a license to collect or offer or attempt to collect or directly or indirectly engage in the business of collecting of debts or claims of any kind, excepting that the taking possession, on behalf of a secured party having the right to do so under §9-503 of the Uniform Commercial Code, of property in the possession of a debtor who has defaulted in the performance of a security agreement secured by such property, shall not be considered a violation of this section and excepting further that the Secretary of State may grant exemption from this prohibition in the collection of debts to licensees who are principally engaged in the business of credit investigation and credit reporting. It is unlawful for the holder of a license to furnish or perform any services described in subdivisions 1 and 2 of §71 of this article on a contingent or percentage basis or to make or enter into any agreement for furnishing services of any kind or character, by the terms or conditions of which agreement the compensation to be paid for such services to the holder of a license is partially or wholly contingent or based upon a percentage of the amount of money or property recovered or dependent in any way upon the result achieved. It shall be unlawful for a holder of a license to use, display, cause to be printed or distributed, cards, letter-heads, circulars, brochures or any other advertising material or advertisement in which any name or indicia of the license status of the licensee is set forth in any manner other than the name under which the licensee is duly licensed. It is unlawful for a licensed private investigator or bail enforcement agent to own, have or possess or in any manner to wear, exhibit or display, a shield or badge of any material, kind, nature or description, in the performance of any of the activities as private investigator or bail enforcement agent, as distinguished from watch, guard or patrol agency, under this article. It is unlawful for a licensed private investigator or bail enforcement agent to issue to any person employed by such licensee, a badge or shield of any material, kind, nature or description, and it is unlawful for any person employed by such licensee to possess, carry or display a badge or shield of any description provided that any licensed private investigator or bail enforcement agent who also engages in the business of watch, guard or patrol agency may possess, use or display or issue to employees in the conduct of such business, a rectangular metal or woven insignia to be worn on the outer clothing and approved by the Department of State, which insignia shall not be larger than three inches high or four inches wide with an inscription thereon containing the word “watchman”, “guard,” “patrol” or “special service” and the name of the licensee. It shall be unlawful for any licensee to publish or cause to be published any advertisement, letter-head, circular, statement or phrase of any sort which suggests that the licensee is an official police or investigative agency or any other agency instrumentality of the state of New York or any of its political subdivisions. It shall be unlawful for any licensee to make any statement which would reasonably cause another person to believe that the licensee is a police officer or official investigator of the state of New York or any of its political subdivisions. It shall be unlawful for a licensee to offer, by radio, television, newspaper advertisement or any other means of communication, to perform services at any location which is merely the location of a telephone answer service unless full disclosure of that fact is made in the advertisement.
2. Notwithstanding any inconsistent provision of subdivision one of this section, a private investigator may contract with a local social services district to furnish or perform services for the location of absent parents and fathers of children born out of wedlock on a contingent basis.
§85. Attorney-general to prosecute
Criminal action for violation of this article shall be prosecuted by the attorney-general, or his deputy, in the name of the people of the state, and in any such prosecution the attorney-general, or his 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 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.
§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 §§70 and 71 of this article shall be presumed to do so for a fee, compensation, valuable consideration or reward.
§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.
§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.
§89. Inspection by Commissioner of Labor
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 Commissioner of Labor 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 Commissioner of Labor.
§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.

SECURITY GUARD ACT
§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 720 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 120; vehicular manslaughter, manslaughter and murder pursuant to article 125; sex offenses pursuant to article 130; unlawful imprisonment, kidnaping or coercion pursuant to article 135; criminal trespass and burglary pursuant to article 140; criminal mischief, criminal tampering and tampering with a consumer product pursuant to article 145; arson pursuant to article 150; larceny and offenses involving theft pursuant to article 155; offenses involving computers pursuant to article 156; robbery pursuant to article 160; criminal possession of stolen property pursuant to article 165; forgery and related offenses pursuant to article 170; involving false written statements pursuant to article 175; commercial bribing and commercial bribe receiving pursuant to article 180; criminal impersonation and scheme to defraud pursuant to article 190; bribery involving public servants and related offenses pursuant to article 200; perjury and related offenses pursuant to article 210; tampering with a witness, intimidating a victim or witness and tampering with physical evidence pursuant to article 215; criminal possession of a controlled substance pursuant to §§220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a controlled substance pursuant to §§220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal sale of marijuana pursuant to §§221.45, 221.50 and 221.55; 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 240; and crimes against public safety pursuant to article 265 of the Penal Law.
14. “Peace officer” shall mean a peace officer as defined by subdivision 33 of §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 1 of §2.30 of such law.
15. “Police officer” shall mean a police officer as defined by subdivision 34 of §1.20 of the Criminal Procedure Law.
§89-g. Employment of security guards
1. Except as provided in this section and §89-w of this article, no security guard company shall knowingly employ a person as a security guard and no person shall be employed as a security guard or act as a security guard unless:
a. The security guard company has verified with the department that such person possesses a valid registration card which has not expired or been revoked or suspended; or
b. Such security guard company has filed with the department in a manner prescribed by rules and regulations promulgated by the department, by certified mail:
(i) An application for a registration card completed and sworn to by such person pursuant to subdivision 1 of §89-h of this article;
(ii) A certification by the security guard company that it has exercised due diligence to verify as true the information contained in such person’s application;
(iii) A certification that such person has completed the preassignment training required by subdivision 2 of §89-h of this article;
(iv) Two photographs of such person taken within 30 days prior to the filing of the application of a size prescribed by the secretary and two sets of fingerprints of such person. The fingerprints shall be taken on a standard fingerprint card approved by the division; and
(v) The fees prescribed by subdivision 10 of §89-h of this article.
2. It shall be incumbent upon each security guard company to exercise due diligence in verifying that the information contained in every application for a registration card it files with the department is true provided, however, the secretary shall, upon consultation with the security guard advisory council, promulgate rules and regulations to specify the minimum due diligence required to be exercised by such companies in order to verify the information required pursuant to subdivisions 5 and 7of §89-h of this article.
3. Except as provided in §752 of the Correction Law, no security guard company shall knowingly employ to perform security guard functions, any individual:
a. who has been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. who in any jurisdiction has been denied authorization to perform security guard functions or whose authorization to perform security guard functions has been suspended or revoked on grounds which would constitute a basis for denying, suspending or revoking a registration card in this state.
4. For each security guard employed by a security guard company as of the effective date of this section such security guard company shall at a time assigned by the secretary, pursuant to a staggered schedule, comply with the provisions of paragraphs a and b of subdivision 1 of this section and the provisions of §89-n of this article. Until the assigned filing date, such security guard company may continue to employ such person to perform security guard functions. No security guard company may employ such person after the assigned filing date which has not complied with the provisions of paragraphs a and b of subdivision 1 of this section with respect to such person.
5. Within 15 calendar days following the employment, retirement, resignation or termination of a security guard by a security guard company, such company shall give the department written notice thereof on a form prescribed by the department.
6. Insurance requirements. All security guard companies which are self-insured shall file with the department a certificate of insurance evidencing comprehensive general liability coverage from an insurance company licensed to do business in this state or procured by a duly licensed excess line broker pursuant to §2118 of the Insurance Law for death and personal injury, which coverage shall include false arrest or false imprisonment, malicious prosecution, libel, slander, and violation of right of privacy, in the minimum amount of $100,000 per occurrence and $300,000 in the aggregate which amount shall be available for the payment of claims. The certificate shall provide that the insurance shall not be modified or cancelled unless 30 days prior notice shall be given to the department. After the effective date of this article, no security guard company shall knowingly have in its employ a security guard unless such coverage is in force and such certificate is filed with the department.
7. Every security guard company shall maintain for each security guard it employs, and for a period of one year following the retirement, resignation or termination of such security guard’s employment a copy of the application for a registration card, proof of due diligence to verify the information therein contained, one photograph and training records, after which year the security guard company shall cause all such records and documents to be destroyed.
8. All security guard companies, except those security guard companies which employ such guards solely for their own proprietary use, shall be subject to the enforcement provisions contained in article seven of this chapter; provided, however, that whenever the Secretary of State shall have reason to believe that any security guard company has hired or intends to hire an unlicensed security guard in violation of this article, the secretary may bring an action in supreme court to enjoin the employment of unlicensed security guards in violation of this article or for an order directing the security guard company to remedy the violation.
9. No registered security guard shall accept or continue in employment with a security guard company upon notice of determination from the department that such employer has (a) violated the provisions of this article or the rules and regulations promulgated pursuant thereto, or (b) has engaged in fraud, deceit or misrepresentation.
10. All security guard companies shall maintain books and records of employees who are security guards and shall, upon request, make such books and records available to the Secretary of State.
§89-h. Requirements for a registration card
To qualify for a registration card to perform security guard functions, an applicant shall fulfill the following requirements:
1. Application: file an application with the department sworn to or affirmed by the applicant in such form and including such information and attachments as may be prescribed or requested by the department upon consultation with the security guard advisory council including but not limited to the character and fitness, competence and employment history of the applicant;
2. Training: file a certificate with the department certifying either that the applicant has satisfactorily completed a minimum of eight hours of pre-assignment training as prescribed by the division or that such requirement has been waived in accordance with §841-c of the Executive Law;
3. Age: be at least 18 years of age;
4. Citizenship: be a citizen or resident alien of the United States;
5. Criminal record: not have been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
6. Character and fitness: be of good moral character and fitness;
7. Competence: not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease or defect which has not been removed;
8. Employment history: not have been discharged from a correctional or law enforcement agency for incompetence or misconduct as determined by a court of competent jurisdiction, administrative hearing officer, administrative law judge, arbitrator, arbitration panel or other duly constituted tribunal, or resigned from such agency while charged with misconduct or incompetence; provided however, that an applicant who has been discharged or has resigned from such agency while charged with misconduct or incompetency may submit an explanation to the department and request a waiver of this requirement;
9. Disability: a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence on alcohol or drugs which, as determined by the department, renders the applicant unable to perform the essential functions of the security guard position, with or without reasonable accommodation, or who, as determined by the department, poses a direct threat to health or safety;
10. Fees: pay (a) a fee of thirty-six dollars for processing of the application, investigation of the applicant and for the initial biennial registration period. Such fees shall be deposited to the credit of the business and licensing services account established pursuant to the provisions of section ninety-seven-y of the state finance law; and (b) 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, and a fee as determined by the federal bureau of investigation for the cost of its fingerprint search procedures, which fees shall be remitted by the department to the division and federal bureau of investigation; and
11. Changes: give the department written notice, within 14 calendar days of occurrence, of any change of circumstances which varies from the information previously given to the department hereunder.
§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 thiujs 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.
§89-j. Security guard registry
The department shall pursuant to §99 of the Executive Law maintain a computerized registry.
§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 §89-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 §89-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 2, 3, 4 and 5 of §79 of this chapter.
§89-l. Suspension, revocation and reissuance of registration cards
1. Revocations and suspensions. The secretary or any person deputized by the secretary may suspend for a period not to exceed 18 months or revoke any registration card issued pursuant to this article after a hearing pursuant to this section, except that, where revocation is sought based solely upon the holder having been convicted of a serious offense, the secretary shall provide notice to the holder, at the holder’s registration address as maintained by the department, that the holder’s registration card will be revoked on a date certain, but not less than 35 days after the date of the notice, unless the holder requests an administrative hearing pursuant to this section within said 35 day period.
2. Causes for revocation or suspension. A registration card issued pursuant to this article may be suspended or revoked for one or more of the following causes:
a. the holder is convicted of a serious offense, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. the application contained a material false statement or omission the truth or inclusion of which would have resulted in denial of the application pursuant to §89-k of this article;
c. the holder is in violation of any provisions of this article or the rules and regulations promulgated pursuant to this article;
d. employment of the holder as a security guard constitutes a danger to the health, safety or well- being of the public.
3. Procedure. The hearing required by subdivision one of this section shall be held pursuant to the State Administrative Procedure Act, provided, however, that where a registration card has been temporarily suspended pursuant to paragraph b of subdivision 4 of this section, the hearing shall be held within 30 days and the adjudication shall be made within 45 days following the service of notice of such hearing. If such hearing is adjourned at the request of the holder or by reason of any act or omission by the holder or on the holder’s behalf such suspension may be continued for the additional period of such adjournment. Where a holder has been served with notice of hearing which has not been adjourned and such holder without good cause fails to appear at the hearing, such hearing may proceed and an adjudication may be made in the absence of such holder.
4. Temporary suspension of registration cards.
a. Temporary suspension where the holder is charged with a serious offense. Where a holder is charged with a serious offense, such holder’s registration card may be suspended (i) by the court pending any prosecution for a serious offense. In order for the court to impose such suspension it must find that the accusatory instrument conforms to the requirements of §140.40 of the Criminal Procedure Law and there exists reasonable cause to believe that the holder committed the serious offense with which he is charged. At such time, the holder shall be entitled to an opportunity to make a statement regarding the enumerated issues and to present witnesses and other evidence tending to rebut the court’s findings. Where the suspension is imposed upon a pending charge of a serious offense which is a class A misdemeanor and the holder has requested a hearing pursuant to article 170 of the Criminal Procedure Law, or where the suspension is imposed upon a pending charge of a serious offense which is a felony and the holder has requested a hearing pursuant to article 180 of the Criminal Procedure Law, the court shall conduct such hearing. If upon completion of such hearing, the court fails to find that there is reasonable cause to believe that the holder committed a serious offense, or if the charges are dismissed or the holder is acquitted of such charges or the conviction is reversed on appeal, the court shall promptly notify the secretary and direct restoration of such registration card unless such registration card is suspended or revoked pursuant to any other provision of this section. If a holder is convicted of a serious offense, the court shall promptly notify the secretary and the suspension shall remain in effect pending a hearing held pursuant to subdivision 3 of this section; or (ii) by an officer designated by the secretary pursuant to the State Administrative Procedure Act to preside over a hearing, on application by the secretary on notice to the holder, where such officer finds that such holder has been charged with a serious offense and reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged.
b. Temporary suspension pending hearing and adjudication. Pending the hearing and adjudication on suspension or revocation of a registration card, the officer designated to preside over the hearing may, on application of the secretary with notice to the holder, suspend such registration card where (i) the holder has been convicted of a serious offense, (ii) the holder has been charged with a serious offense and such officer finds that reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged, or (iii) such officer finds that reasonable cause exists to believe that the employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public.
5. No registration card may be suspended pursuant to this section based upon the fact that a holder is charged with or convicted of one or more serious offenses, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment unless:
a. there is a direct relationship between one or more such serious offenses and the registration card or employment of the holder as a security guard; or
b. the possession of a registration card by the holder or the employment of the holder as a security guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
6. Fines. Where it is determined after hearing that the holder has violated one or more provisions of this article pursuant to paragraph c of subdivision 2 of this section, the secretary may, in lieu of revocation or suspension of the registration card of such holder, impose a fine not to exceed $1,000 for each violation payable to the department.
7. Surrender of suspended or revoked registration card.
a. When the court suspends a registration card pursuant to subparagraph (i) of paragraph a of subdivision 4 of this section, the holder shall forthwith surrender the registration card to the court and the court shall promptly send the registration card to the secretary.
b. Upon suspension or revocation of the registration card by the secretary or by the officer designated by the secretary to preside over the hearing, pursuant to this section, the holder shall, if present at the time of such suspension or revocation, surrender the registration card forthwith. If the holder is not present at the time of such suspension or revocation, the secretary shall send notice of such suspension or revocation to the holder at the address indicated on the registration card or such other last known address, by personal service or by certified mail return receipt requested, in which case the holder shall within five days following receipt of such notice surrender the registration card by delivering same in person or by certified mail to a location designated by the secretary. Notice of suspension or revocation shall be given by the secretary to the security guard company by which the holder was employed at the time of such suspension or revocation.
8. Reissuance of registration card. A suspended or revoked registration card may be reissued only by the secretary or by a person deputized by the secretary. Except as otherwise provided in this section, where a registration card has been revoked, it may not be reissued for at least one year following revocation.
§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 60 nor more than 90 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 60 nor less than 30 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 $25 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 1 of §841-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 §79 of this chapter. The $25 biennial renewal fee collected by the department shall be deposited to the licensing examinations services account established pursuant to the provisions of §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.
§89-n. Training requirements
1. Security guards shall be required to satisfactorily complete training programs given and administered by security guard training schools, schools which provide security guard training programs or security guard companies prescribed, certified and approved by the commissioner pursuant to §841-c of the Executive Law to include:
a. an eight hour pre-assignment training course;
b. an on-the-job training course to be completed within 90 working days following employment, consisting of a minimum of 16 hours and a maximum of 40 hours, as determined by the council, generally relating to the security guard’s specific duties, the nature of the work place and the requirements of the security guard company;
c. a 47 hour firearms training course for issuance of a special armed guard registration card;
d. an eight hour annual in-service training course; and
e. an additional eight hour annual in-service training course for holders of special armed guard registration cards.
The training programs and courses required by this subdivision may, if approved and certified by the commissioner pursuant to subdivision 2 of §841-c of the Executive Law, be given and administered by security guard companies.
Nothing herein shall be construed to prohibit a security guard company from voluntarily providing training programs and courses which exceed the minimum requirements provided by this subdivision.
Upon completion of a required training course, a security guard shall receive from the provider a certificate evidencing satisfactory completion thereof in accordance with the requirements prescribed by the commissioner pursuant to §841-c of the Executive Law.
2. a. A security guard who has been or was previously employed as a peace officer for 18 months or more who exhibits a valid certificate awarded pursuant to subdivision 6 of §2.30 of the Criminal Procedure Law attesting to his or her satisfactory completion of the training requirements imposed by §2.30 of the Criminal Procedure Law shall be exempt from the requirements of paragraph c of subdivision 1 of this section provided that such peace officer has completed a course of firearms training approved by the municipal police training council pursuant to the last paragraph of subdivision 1 of §2.30 of the Criminal Procedure Law provided, however, that nothing in this subdivision shall be deemed to authorize such guard to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to §400.00 of the Penal Law.
3. A security guard who is also employed as a peace officer for 18 months or more shall be exempt from the requirements of paragraph e of subdivision 1 of this section as long as he or she is currently employed as a peace officer and provides to his or her security guard employer proof of such annual in-service training required under paragraph e of subdivision 1 of this section.
4. The provisions of this section shall not apply to a security guard who is:
a. a correction officer of any state correctional facility having the powers of a peace officer pursuant to subdivision twenty-five of section 2.10 of the criminal procedure law;
b. a bridge and tunnel officer, sergeant or lieutenant of the Triborough bridge and tunnel authority having the powers of a peace officer pursuant to subdivision twenty of section 2.10 of the criminal procedure law;
c. a uniformed court officer of the unified court system having the powers of a peace officer pursuant to subdivision twenty-one of section 2.10 of the criminal procedure law;
d. a court clerk having the powers of a peace officer pursuant to subdivision twenty-one of section 2.10 of the criminal procedure law;
e. a deputy sheriff having the powers of a peace officer pursuant to subdivision two of section 2.10 of the criminal procedure law;
f. a police officer as defined in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section 1.20 of the criminal procedure law who has been retired from such employment for a period not to exceed ten years, provided, however, that a retired police officer who has been retired from such employment for a period in excess of ten years shall be required to provide proof to his or her security guard employer of his or her satisfactory completion of an eight hour annual in-service training course approved by the commissioner, and provided further, however, that a retired police officer who will be required by his or her security guard employer to carry a firearm or will be authorized to have access to a firearm shall provide to such employer proof of his or her satisfactory completion of a forty-seven hour firearms training course approved by the commissioner and, if such firearms training course has not been completed within one year prior to such employment, satisfactory completion of an additional eight hour annual firearms in-service training course approved by the commissioner, such training course to be completed at least annually; or
g. a peace officer as defined in subdivisions two, twenty and twenty-five and paragraphs a and b of subdivision twenty-one of section 2.10 of the criminal procedure law who has been retired from such employment for a period not to exceed ten years, provided, however, that a retired peace officer who has been retired from such employment for a period in excess of ten years shall be required to provide proof to his or her security guard employer of his or her satisfactory completion of an eight hour annual in-service training course approved by the municipal police training council, and provided further, however, that a retired peace officer who will be required by his or her security guard employer to carry a firearm or will be authorized to have access to a firearm shall provide to such employer proof of his or her satisfactory completion of a forty-seven hour firearms training course approved by the municipal police training council and, if such firearms training course has not been completed within one year prior to employment, satisfactory completion of an additional eight hour annual firearms in-service training course approved by the municipal police training council, such training course to be completed at least annually.
§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 6 of §89-f of this article.
§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 §89-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 §89-g of this article or any security guard company which employs a security guard in violation of the provisions of §89-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 $1,000, 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 $1,000 and not to exceed $2,500 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 7 of §89-l of this article shall be guilty of a violation punishable by a fine not to exceed $250 in addition to any other penalty prescribed by law. Each violation of this article shall be deemed a separate offense.

источник - [DLMURL]http://www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html[/DLMURL]
 
Original message
§84. Unlawful acts
1. It is unlawful for the holder of a license, issued under this article, or for any employee of such licensee, knowingly to commit any of the following acts within or without the state of New York: to incite, encourage, or aid in the incitement or encouragement of any person or persons who have become a party to any strike, to do unlawful acts against the person or property of any one, or to incite, stir up, create or aid in the inciting of discontent or dissatisfaction among the employees of any person, firm, limited liability company or corporation with the intention of having them strike; to interfere or prevent lawful and peaceful picketing during strikes; to interfere with, restrain, or coerce employees in the exercise of their right to form, join or assist any labor organization of their own choosing; to interfere or hinder the lawful or peaceful collective bargaining between employees and employers; to pay, offer, or give any money, gratuity, favor, consideration, or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right of self-organization, to form, join, or assist labor organizations and to bargain collectively through representatives of their own choosing; to advertise for, recruit, furnish or replace or offer to furnish or replace for hire or reward, within or without the state of New York, any help or labor, skilled or unskilled, or to furnish or offer to furnish armed guards, other than armed guards theretofore regularly employed for the protection of payrolls, property or premises, for service upon property which is being operated in anticipation of or during the course or existence of a strike, or furnish armed guards upon the highways, for persons involved in labor disputes or to furnish or offer to furnish to employers or their agents, any arms, munitions, tear gas implements, or any other weapons; or to send letters or literature to employers offering to eliminate labor unions or distribute or circulate any list of members of a labor organization, or to advise any person of the membership of an individual in a labor organization for the express purpose of preventing those so listed or named from obtaining or retaining employment. The violation of any of the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than $500, or one year’s imprisonment or both. It is unlawful for the holder of a license to collect or offer or attempt to collect or directly or indirectly engage in the business of collecting of debts or claims of any kind, excepting that the taking possession, on behalf of a secured party having the right to do so under §9-503 of the Uniform Commercial Code, of property in the possession of a debtor who has defaulted in the performance of a security agreement secured by such property, shall not be considered a violation of this section and excepting further that the Secretary of State may grant exemption from this prohibition in the collection of debts to licensees who are principally engaged in the business of credit investigation and credit reporting. It is unlawful for the holder of a license to furnish or perform any services described in subdivisions 1 and 2 of §71 of this article on a contingent or percentage basis or to make or enter into any agreement for furnishing services of any kind or character, by the terms or conditions of which agreement the compensation to be paid for such services to the holder of a license is partially or wholly contingent or based upon a percentage of the amount of money or property recovered or dependent in any way upon the result achieved. It shall be unlawful for a holder of a license to use, display, cause to be printed or distributed, cards, letter-heads, circulars, brochures or any other advertising material or advertisement in which any name or indicia of the license status of the licensee is set forth in any manner other than the name under which the licensee is duly licensed. It is unlawful for a licensed private investigator or bail enforcement agent to own, have or possess or in any manner to wear, exhibit or display, a shield or badge of any material, kind, nature or description, in the performance of any of the activities as private investigator or bail enforcement agent, as distinguished from watch, guard or patrol agency, under this article. It is unlawful for a licensed private investigator or bail enforcement agent to issue to any person employed by such licensee, a badge or shield of any material, kind, nature or description, and it is unlawful for any person employed by such licensee to possess, carry or display a badge or shield of any description provided that any licensed private investigator or bail enforcement agent who also engages in the business of watch, guard or patrol agency may possess, use or display or issue to employees in the conduct of such business, a rectangular metal or woven insignia to be worn on the outer clothing and approved by the Department of State, which insignia shall not be larger than three inches high or four inches wide with an inscription thereon containing the word “watchman”, “guard,” “patrol” or “special service” and the name of the licensee. It shall be unlawful for any licensee to publish or cause to be published any advertisement, letter-head, circular, statement or phrase of any sort which suggests that the licensee is an official police or investigative agency or any other agency instrumentality of the state of New York or any of its political subdivisions. It shall be unlawful for any licensee to make any statement which would reasonably cause another person to believe that the licensee is a police officer or official investigator of the state of New York or any of its political subdivisions. It shall be unlawful for a licensee to offer, by radio, television, newspaper advertisement or any other means of communication, to perform services at any location which is merely the location of a telephone answer service unless full disclosure of that fact is made in the advertisement.
2. Notwithstanding any inconsistent provision of subdivision one of this section, a private investigator may contract with a local social services district to furnish or perform services for the location of absent parents and fathers of children born out of wedlock on a contingent basis.
§85. Attorney-general to prosecute
Criminal action for violation of this article shall be prosecuted by the attorney-general, or his deputy, in the name of the people of the state, and in any such prosecution the attorney-general, or his 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 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.
§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 §§70 and 71 of this article shall be presumed to do so for a fee, compensation, valuable consideration or reward.
§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.
§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.
§89. Inspection by Commissioner of Labor
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 Commissioner of Labor 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 Commissioner of Labor.
§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.

SECURITY GUARD ACT
§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 720 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 120; vehicular manslaughter, manslaughter and murder pursuant to article 125; sex offenses pursuant to article 130; unlawful imprisonment, kidnaping or coercion pursuant to article 135; criminal trespass and burglary pursuant to article 140; criminal mischief, criminal tampering and tampering with a consumer product pursuant to article 145; arson pursuant to article 150; larceny and offenses involving theft pursuant to article 155; offenses involving computers pursuant to article 156; robbery pursuant to article 160; criminal possession of stolen property pursuant to article 165; forgery and related offenses pursuant to article 170; involving false written statements pursuant to article 175; commercial bribing and commercial bribe receiving pursuant to article 180; criminal impersonation and scheme to defraud pursuant to article 190; bribery involving public servants and related offenses pursuant to article 200; perjury and related offenses pursuant to article 210; tampering with a witness, intimidating a victim or witness and tampering with physical evidence pursuant to article 215; criminal possession of a controlled substance pursuant to §§220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a controlled substance pursuant to §§220.31, 220.34, 220.39, 220.41, 220.43 and 220.44; criminal sale of marijuana pursuant to §§221.45, 221.50 and 221.55; 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 240; and crimes against public safety pursuant to article 265 of the Penal Law.
14. “Peace officer” shall mean a peace officer as defined by subdivision 33 of §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 1 of §2.30 of such law.
15. “Police officer” shall mean a police officer as defined by subdivision 34 of §1.20 of the Criminal Procedure Law.
§89-g. Employment of security guards
1. Except as provided in this section and §89-w of this article, no security guard company shall knowingly employ a person as a security guard and no person shall be employed as a security guard or act as a security guard unless:
a. The security guard company has verified with the department that such person possesses a valid registration card which has not expired or been revoked or suspended; or
b. Such security guard company has filed with the department in a manner prescribed by rules and regulations promulgated by the department, by certified mail:
(i) An application for a registration card completed and sworn to by such person pursuant to subdivision 1 of §89-h of this article;
(ii) A certification by the security guard company that it has exercised due diligence to verify as true the information contained in such person’s application;
(iii) A certification that such person has completed the preassignment training required by subdivision 2 of §89-h of this article;
(iv) Two photographs of such person taken within 30 days prior to the filing of the application of a size prescribed by the secretary and two sets of fingerprints of such person. The fingerprints shall be taken on a standard fingerprint card approved by the division; and
(v) The fees prescribed by subdivision 10 of §89-h of this article.
2. It shall be incumbent upon each security guard company to exercise due diligence in verifying that the information contained in every application for a registration card it files with the department is true provided, however, the secretary shall, upon consultation with the security guard advisory council, promulgate rules and regulations to specify the minimum due diligence required to be exercised by such companies in order to verify the information required pursuant to subdivisions 5 and 7of §89-h of this article.
3. Except as provided in §752 of the Correction Law, no security guard company shall knowingly employ to perform security guard functions, any individual:
a. who has been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. who in any jurisdiction has been denied authorization to perform security guard functions or whose authorization to perform security guard functions has been suspended or revoked on grounds which would constitute a basis for denying, suspending or revoking a registration card in this state.
4. For each security guard employed by a security guard company as of the effective date of this section such security guard company shall at a time assigned by the secretary, pursuant to a staggered schedule, comply with the provisions of paragraphs a and b of subdivision 1 of this section and the provisions of §89-n of this article. Until the assigned filing date, such security guard company may continue to employ such person to perform security guard functions. No security guard company may employ such person after the assigned filing date which has not complied with the provisions of paragraphs a and b of subdivision 1 of this section with respect to such person.
5. Within 15 calendar days following the employment, retirement, resignation or termination of a security guard by a security guard company, such company shall give the department written notice thereof on a form prescribed by the department.
6. Insurance requirements. All security guard companies which are self-insured shall file with the department a certificate of insurance evidencing comprehensive general liability coverage from an insurance company licensed to do business in this state or procured by a duly licensed excess line broker pursuant to §2118 of the Insurance Law for death and personal injury, which coverage shall include false arrest or false imprisonment, malicious prosecution, libel, slander, and violation of right of privacy, in the minimum amount of $100,000 per occurrence and $300,000 in the aggregate which amount shall be available for the payment of claims. The certificate shall provide that the insurance shall not be modified or cancelled unless 30 days prior notice shall be given to the department. After the effective date of this article, no security guard company shall knowingly have in its employ a security guard unless such coverage is in force and such certificate is filed with the department.
7. Every security guard company shall maintain for each security guard it employs, and for a period of one year following the retirement, resignation or termination of such security guard’s employment a copy of the application for a registration card, proof of due diligence to verify the information therein contained, one photograph and training records, after which year the security guard company shall cause all such records and documents to be destroyed.
8. All security guard companies, except those security guard companies which employ such guards solely for their own proprietary use, shall be subject to the enforcement provisions contained in article seven of this chapter; provided, however, that whenever the Secretary of State shall have reason to believe that any security guard company has hired or intends to hire an unlicensed security guard in violation of this article, the secretary may bring an action in supreme court to enjoin the employment of unlicensed security guards in violation of this article or for an order directing the security guard company to remedy the violation.
9. No registered security guard shall accept or continue in employment with a security guard company upon notice of determination from the department that such employer has (a) violated the provisions of this article or the rules and regulations promulgated pursuant thereto, or (b) has engaged in fraud, deceit or misrepresentation.
10. All security guard companies shall maintain books and records of employees who are security guards and shall, upon request, make such books and records available to the Secretary of State.
§89-h. Requirements for a registration card
To qualify for a registration card to perform security guard functions, an applicant shall fulfill the following requirements:
1. Application: file an application with the department sworn to or affirmed by the applicant in such form and including such information and attachments as may be prescribed or requested by the department upon consultation with the security guard advisory council including but not limited to the character and fitness, competence and employment history of the applicant;
2. Training: file a certificate with the department certifying either that the applicant has satisfactorily completed a minimum of eight hours of pre-assignment training as prescribed by the division or that such requirement has been waived in accordance with §841-c of the Executive Law;
3. Age: be at least 18 years of age;
4. Citizenship: be a citizen or resident alien of the United States;
5. Criminal record: not have been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
6. Character and fitness: be of good moral character and fitness;
7. Competence: not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease or defect which has not been removed;
8. Employment history: not have been discharged from a correctional or law enforcement agency for incompetence or misconduct as determined by a court of competent jurisdiction, administrative hearing officer, administrative law judge, arbitrator, arbitration panel or other duly constituted tribunal, or resigned from such agency while charged with misconduct or incompetence; provided however, that an applicant who has been discharged or has resigned from such agency while charged with misconduct or incompetency may submit an explanation to the department and request a waiver of this requirement;
9. Disability: a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence on alcohol or drugs which, as determined by the department, renders the applicant unable to perform the essential functions of the security guard position, with or without reasonable accommodation, or who, as determined by the department, poses a direct threat to health or safety;
10. Fees: pay (a) a fee of thirty-six dollars for processing of the application, investigation of the applicant and for the initial biennial registration period. Such fees shall be deposited to the credit of the business and licensing services account established pursuant to the provisions of section ninety-seven-y of the state finance law; and (b) 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, and a fee as determined by the federal bureau of investigation for the cost of its fingerprint search procedures, which fees shall be remitted by the department to the division and federal bureau of investigation; and
11. Changes: give the department written notice, within 14 calendar days of occurrence, of any change of circumstances which varies from the information previously given to the department hereunder.
§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 thiujs 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.
§89-j. Security guard registry
The department shall pursuant to §99 of the Executive Law maintain a computerized registry.
§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 §89-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 §89-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 2, 3, 4 and 5 of §79 of this chapter.
§89-l. Suspension, revocation and reissuance of registration cards
1. Revocations and suspensions. The secretary or any person deputized by the secretary may suspend for a period not to exceed 18 months or revoke any registration card issued pursuant to this article after a hearing pursuant to this section, except that, where revocation is sought based solely upon the holder having been convicted of a serious offense, the secretary shall provide notice to the holder, at the holder’s registration address as maintained by the department, that the holder’s registration card will be revoked on a date certain, but not less than 35 days after the date of the notice, unless the holder requests an administrative hearing pursuant to this section within said 35 day period.
2. Causes for revocation or suspension. A registration card issued pursuant to this article may be suspended or revoked for one or more of the following causes:
a. the holder is convicted of a serious offense, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. the application contained a material false statement or omission the truth or inclusion of which would have resulted in denial of the application pursuant to §89-k of this article;
c. the holder is in violation of any provisions of this article or the rules and regulations promulgated pursuant to this article;
d. employment of the holder as a security guard constitutes a danger to the health, safety or well- being of the public.
3. Procedure. The hearing required by subdivision one of this section shall be held pursuant to the State Administrative Procedure Act, provided, however, that where a registration card has been temporarily suspended pursuant to paragraph b of subdivision 4 of this section, the hearing shall be held within 30 days and the adjudication shall be made within 45 days following the service of notice of such hearing. If such hearing is adjourned at the request of the holder or by reason of any act or omission by the holder or on the holder’s behalf such suspension may be continued for the additional period of such adjournment. Where a holder has been served with notice of hearing which has not been adjourned and such holder without good cause fails to appear at the hearing, such hearing may proceed and an adjudication may be made in the absence of such holder.
4. Temporary suspension of registration cards.
a. Temporary suspension where the holder is charged with a serious offense. Where a holder is charged with a serious offense, such holder’s registration card may be suspended (i) by the court pending any prosecution for a serious offense. In order for the court to impose such suspension it must find that the accusatory instrument conforms to the requirements of §140.40 of the Criminal Procedure Law and there exists reasonable cause to believe that the holder committed the serious offense with which he is charged. At such time, the holder shall be entitled to an opportunity to make a statement regarding the enumerated issues and to present witnesses and other evidence tending to rebut the court’s findings. Where the suspension is imposed upon a pending charge of a serious offense which is a class A misdemeanor and the holder has requested a hearing pursuant to article 170 of the Criminal Procedure Law, or where the suspension is imposed upon a pending charge of a serious offense which is a felony and the holder has requested a hearing pursuant to article 180 of the Criminal Procedure Law, the court shall conduct such hearing. If upon completion of such hearing, the court fails to find that there is reasonable cause to believe that the holder committed a serious offense, or if the charges are dismissed or the holder is acquitted of such charges or the conviction is reversed on appeal, the court shall promptly notify the secretary and direct restoration of such registration card unless such registration card is suspended or revoked pursuant to any other provision of this section. If a holder is convicted of a serious offense, the court shall promptly notify the secretary and the suspension shall remain in effect pending a hearing held pursuant to subdivision 3 of this section; or (ii) by an officer designated by the secretary pursuant to the State Administrative Procedure Act to preside over a hearing, on application by the secretary on notice to the holder, where such officer finds that such holder has been charged with a serious offense and reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged.
b. Temporary suspension pending hearing and adjudication. Pending the hearing and adjudication on suspension or revocation of a registration card, the officer designated to preside over the hearing may, on application of the secretary with notice to the holder, suspend such registration card where (i) the holder has been convicted of a serious offense, (ii) the holder has been charged with a serious offense and such officer finds that reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged, or (iii) such officer finds that reasonable cause exists to believe that the employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public.
5. No registration card may be suspended pursuant to this section based upon the fact that a holder is charged with or convicted of one or more serious offenses, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment unless:
a. there is a direct relationship between one or more such serious offenses and the registration card or employment of the holder as a security guard; or
b. the possession of a registration card by the holder or the employment of the holder as a security guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
6. Fines. Where it is determined after hearing that the holder has violated one or more provisions of this article pursuant to paragraph c of subdivision 2 of this section, the secretary may, in lieu of revocation or suspension of the registration card of such holder, impose a fine not to exceed $1,000 for each violation payable to the department.
7. Surrender of suspended or revoked registration card.
a. When the court suspends a registration card pursuant to subparagraph (i) of paragraph a of subdivision 4 of this section, the holder shall forthwith surrender the registration card to the court and the court shall promptly send the registration card to the secretary.
b. Upon suspension or revocation of the registration card by the secretary or by the officer designated by the secretary to preside over the hearing, pursuant to this section, the holder shall, if present at the time of such suspension or revocation, surrender the registration card forthwith. If the holder is not present at the time of such suspension or revocation, the secretary shall send notice of such suspension or revocation to the holder at the address indicated on the registration card or such other last known address, by personal service or by certified mail return receipt requested, in which case the holder shall within five days following receipt of such notice surrender the registration card by delivering same in person or by certified mail to a location designated by the secretary. Notice of suspension or revocation shall be given by the secretary to the security guard company by which the holder was employed at the time of such suspension or revocation.
8. Reissuance of registration card. A suspended or revoked registration card may be reissued only by the secretary or by a person deputized by the secretary. Except as otherwise provided in this section, where a registration card has been revoked, it may not be reissued for at least one year following revocation.
§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 60 nor more than 90 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 60 nor less than 30 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 $25 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 1 of §841-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 §79 of this chapter. The $25 biennial renewal fee collected by the department shall be deposited to the licensing examinations services account established pursuant to the provisions of §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.
§89-n. Training requirements
1. Security guards shall be required to satisfactorily complete training programs given and administered by security guard training schools, schools which provide security guard training programs or security guard companies prescribed, certified and approved by the commissioner pursuant to §841-c of the Executive Law to include:
a. an eight hour pre-assignment training course;
b. an on-the-job training course to be completed within 90 working days following employment, consisting of a minimum of 16 hours and a maximum of 40 hours, as determined by the council, generally relating to the security guard’s specific duties, the nature of the work place and the requirements of the security guard company;
c. a 47 hour firearms training course for issuance of a special armed guard registration card;
d. an eight hour annual in-service training course; and
e. an additional eight hour annual in-service training course for holders of special armed guard registration cards.
The training programs and courses required by this subdivision may, if approved and certified by the commissioner pursuant to subdivision 2 of §841-c of the Executive Law, be given and administered by security guard companies.
Nothing herein shall be construed to prohibit a security guard company from voluntarily providing training programs and courses which exceed the minimum requirements provided by this subdivision.
Upon completion of a required training course, a security guard shall receive from the provider a certificate evidencing satisfactory completion thereof in accordance with the requirements prescribed by the commissioner pursuant to §841-c of the Executive Law.
2. a. A security guard who has been or was previously employed as a peace officer for 18 months or more who exhibits a valid certificate awarded pursuant to subdivision 6 of §2.30 of the Criminal Procedure Law attesting to his or her satisfactory completion of the training requirements imposed by §2.30 of the Criminal Procedure Law shall be exempt from the requirements of paragraph c of subdivision 1 of this section provided that such peace officer has completed a course of firearms training approved by the municipal police training council pursuant to the last paragraph of subdivision 1 of §2.30 of the Criminal Procedure Law provided, however, that nothing in this subdivision shall be deemed to authorize such guard to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to §400.00 of the Penal Law.
3. A security guard who is also employed as a peace officer for 18 months or more shall be exempt from the requirements of paragraph e of subdivision 1 of this section as long as he or she is currently employed as a peace officer and provides to his or her security guard employer proof of such annual in-service training required under paragraph e of subdivision 1 of this section.
4. The provisions of this section shall not apply to a security guard who is:
a. a correction officer of any state correctional facility having the powers of a peace officer pursuant to subdivision twenty-five of section 2.10 of the criminal procedure law;
b. a bridge and tunnel officer, sergeant or lieutenant of the Triborough bridge and tunnel authority having the powers of a peace officer pursuant to subdivision twenty of section 2.10 of the criminal procedure law;
c. a uniformed court officer of the unified court system having the powers of a peace officer pursuant to subdivision twenty-one of section 2.10 of the criminal procedure law;
d. a court clerk having the powers of a peace officer pursuant to subdivision twenty-one of section 2.10 of the criminal procedure law;
e. a deputy sheriff having the powers of a peace officer pursuant to subdivision two of section 2.10 of the criminal procedure law;
f. a police officer as defined in paragraphs (a), (b), (c), (d), (e), (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section 1.20 of the criminal procedure law who has been retired from such employment for a period not to exceed ten years, provided, however, that a retired police officer who has been retired from such employment for a period in excess of ten years shall be required to provide proof to his or her security guard employer of his or her satisfactory completion of an eight hour annual in-service training course approved by the commissioner, and provided further, however, that a retired police officer who will be required by his or her security guard employer to carry a firearm or will be authorized to have access to a firearm shall provide to such employer proof of his or her satisfactory completion of a forty-seven hour firearms training course approved by the commissioner and, if such firearms training course has not been completed within one year prior to such employment, satisfactory completion of an additional eight hour annual firearms in-service training course approved by the commissioner, such training course to be completed at least annually; or
g. a peace officer as defined in subdivisions two, twenty and twenty-five and paragraphs a and b of subdivision twenty-one of section 2.10 of the criminal procedure law who has been retired from such employment for a period not to exceed ten years, provided, however, that a retired peace officer who has been retired from such employment for a period in excess of ten years shall be required to provide proof to his or her security guard employer of his or her satisfactory completion of an eight hour annual in-service training course approved by the municipal police training council, and provided further, however, that a retired peace officer who will be required by his or her security guard employer to carry a firearm or will be authorized to have access to a firearm shall provide to such employer proof of his or her satisfactory completion of a forty-seven hour firearms training course approved by the municipal police training council and, if such firearms training course has not been completed within one year prior to employment, satisfactory completion of an additional eight hour annual firearms in-service training course approved by the municipal police training council, such training course to be completed at least annually.
§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 6 of §89-f of this article.
§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 §89-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 §89-g of this article or any security guard company which employs a security guard in violation of the provisions of §89-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 $1,000, 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 $1,000 and not to exceed $2,500 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 7 of §89-l of this article shall be guilty of a violation punishable by a fine not to exceed $250 in addition to any other penalty prescribed by law. Each violation of this article shall be deemed a separate offense.

источник - [DLMURL]http://www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html[/DLMURL]
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