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This entry was published on 2014-09-22
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SECTION 69-Q
Licenses; display; renewal; duplicates
General Business (GBS) CHAPTER 20, ARTICLE 6-D
§ 69-q. Licenses; display; renewal; duplicates. 1. All licenses shall
be for a period of two years.

2. No license shall be assignable or transferable except as
hereinafter provided.

3. (a) A license issued to a limited liability company or to a
corporation to engage in the business of installing, servicing or
maintaining security or fire alarm systems shall require that such
business be operated under the direction and control of at least one
member or manager of the limited liability company or a manager or
managing officer of a corporation, who shall be required to meet the
licensing requirements of this article on behalf of the licensee and
who, in the case of a corporation, shall not be required to be an
officer of the corporation. If such member, manager or managing
officer, who shall have met the requirements of this article, ceases to
act in the capacity of member, manager or managing corporate officer for
any reason whatsoever, the licensee shall notify the department in
writing within fourteen days from such termination or cessation. The
licensee may continue to conduct the business of installing, servicing
or maintaining security or fire alarm systems for a period not to exceed
sixty days from the date of such termination or cessation; the period of
sixty days aforesaid may be extended upon application to the secretary
of state and for good cause for an additional period not to exceed one
hundred twenty days; by the end of such period a new member, manager or
managing officer must be designated who has met the licensing
requirements of this article on behalf of the licensee.

(b) The limited liability company or corporation shall be liable with
respect to all actions taken by its member, manager or managing officer
acting on behalf of such limited liability company or corporation.

4. A license to engage in the business of installing, servicing or
maintaining security or fire alarm systems issued to an individual may
be assigned or transferred for the remainder of the license period to a
partnership, limited liability company or corporation if such individual
is a member of such partnership, a member of the limited liability
company or an officer of such corporation at the time of such assignment
or transfer. A license issued to a partnership may be assigned or
transferred for the remainder of the license period to any one member of
such partnership, provided he obtains the consent of all of the other
members of such partnership. The application for such transfer or
assignment must be accompanied by the requirements of paragraphs (a) and
(b) of subdivision one of section sixty-nine-o of this article and by
proof satisfactory to the department that the requirements herein
provided have been complied with. No assignment or transfer shall become
effective unless and until the endorsement has been made on the face of
the license by the department and such license, so endorsed, has been
returned to the assignee or transferee. All such endorsements shall be
made without payment of any fee. A bona fide purchaser of such business
from the holder of the license thereof may continue to use the license
of the seller for a period of thirty days from the date of the sale,
provided there is endorsed on the face thereof the name of the
purchaser, the date of the sale, and the signature of the seller and the
purchaser; and provided further within five days from the date of the
sale, an application, in accordance with the provisions of this article,
shall be presented by the purchaser to the secretary of state for a
license to conduct the business of installing, servicing or maintaining
security or fire alarm systems.

5. Employees of a person licensed to conduct the business of
installing, servicing or maintaining security or fire alarm systems
shall not be required to be licensed provided that the nonlicensed
employee have in his possession an identification card issued pursuant
to section sixty-nine-m of this article. A person licensed to conduct
such business shall, however, be required to submit to the department a
full set of fingerprints of any employee who assists in the
installation, servicing or maintaining of security or fire alarm
systems, which shall be forwarded by the department to the division of
criminal justice services to be compared with the fingerprints on file
with the division to determine whether such employee has been convicted
of a felony involving fraud, bribery, perjury or the theft pursuant to
article one hundred forty, one hundred fifty-five, one hundred sixty,
one hundred sixty-five, one hundred seventy, one hundred seventy-five,
one hundred seventy-six, one hundred eighty, one hundred eighty-five,
one hundred ninety, one hundred ninety-five, two hundred or two hundred
ten of the penal law or has a criminal action which has been pending for
under one year without a final disposition unless adjourned in
contemplation of dismissal. Employee fingerprints will be recorded in
such manner as the secretary of state may prescribe by rule. Such
employee's fingerprints shall be taken on a standard fingerprint card
approved for fingerprinting by the state division of criminal justice
services and shall be accompanied by the appropriate processing fees in
proper form for the division of criminal justice services. The division
of criminal justice services shall return the fingerprint card and the
report of such convictions to the department, who shall then notify the
licensee that such employee has been convicted of such a felony or has a
criminal action pending pursuant to a schedule developed by the division
in conjunction with the secretary of state but not to be implemented
prior to September first, nineteen hundred ninety-four. Upon submission
of such fingerprints to the department, a person may be employed on a
provisional basis to assist in the installation, servicing or
maintaining of security or fire alarm systems. However, such employee
may not continue in such a capacity if it is determined that such
employee has been convicted of such a felony or has a criminal action
pending.

6. A license to conduct the business of installing, servicing or
maintaining security or fire alarm systems issued to an individual or to
a partnership may be used after the death of the licensed individual or
co-partner by his next of kin or duly appointed administrator or
executor in the name of the estate for a period of not more than sixty
days from the date of death of such individual or co-partner, provided
that there is endorsed upon the face of the license after the name of
the decedent the word "deceased", the date of death and the name of the
next of kin, administrator or executor under whose authority the license
is being used; the period of sixty days aforesaid may be extended upon
application to the secretary of state and for good cause shown for an
additional period not to exceed one hundred twenty days. Any license so
continued which shall expire during such period of sixty days or the
extension thereof may be renewed by the next of kin, administrator or
executor for the balance of such period or the extension thereof.

7. A license to conduct the business of installing, servicing or
maintaining security or fire alarm systems shall be conspicuously posted
upon the premises where the licensee is engaged in the business of
installing, servicing or maintaining security or fire alarm systems.

8. Any license which has not been suspended or revoked, may, upon the
payment of the renewal fee prescribed by this article, be renewed for
additional periods of two years from its expiration, without further
examination, upon the filing of an application for such renewal, on a
form and with such additional information as prescribed by the secretary
of state.

9. Any person failing to file application and fee for renewal of a
license within one year immediately following the expiration of his last
license shall pay an additional fee of sixty dollars, and if he fails to
file application and fee for renewal within two years he shall be
ineligible for such license until he shall have again met the
requirements set forth in this article.

10. A duplicate license may be issued for one lost, destroyed or
mutilated upon application therefor on a form prescribed by the
secretary of state and the payment of the fee prescribed therefor by
this article. Each such duplicate license shall have the word
"duplicate" stamped across the face thereof and shall bear the same
number as the one it replaces.

11. Notice in writing shall be given the secretary of state at his
office in Albany by the holder of a license to conduct the business of
installing, servicing or maintaining security or fire alarm systems of
any change in address of the business or residence of the person engaged
in such business together with the return of license, whereupon a
properly signed endorsement will be made on the face of the license as
to such change and the license then returned to the licensee. A change
of address by a licensee without such notice and endorsement of license
shall operate to cancel the license.