§ 72. Application for licenses. Any person, firm, partnership, limited
liability company or corporation intending to conduct the business of
private investigator, business of bail enforcement agent or the business
of watch, guard or patrol agency, and any person, firm, partnership,
limited liability company or corporation intending to conduct the
business of furnishing or supplying information as to the personal
character of any person or firm, or as to the character or kind of the
business and occupation of any person, firm or corporation, society or
association or any person or group of persons, or intending to own,
conduct, manage or maintain a bureau or agency for the above mentioned
purposes, or while engaged in other lawful business activities also
intending to engage in any one or more of the activities set forth in
section seventy-one of this article except exclusively as to the
financial rating, standing, and credit responsibility of persons, firms,
companies or corporations or as to personal habits and financial
responsibility of applicants for insurance indemnity bonds or commercial
credit or of claimants under insurance policies shall, for each such
bureau or agency and for each and every sub-agency, office and branch
office to be owned, conducted, managed or maintained by such person,
firm, partnership, limited liability company or corporation for the
conduct of such business, file in the office of the department of state
a written application, on forms provided by the department containing
such information and documentation, including fingerprints, as the
secretary of state may require by rule and regulation.

1. If the applicant is a person, the application shall be subscribed
by such person, and if the applicant is a firm or partnership the
application shall be subscribed by each individual composing or
intending to compose such firm or partnership. The application shall
state the full name, age, residences within the past three years,
present and previous occupations of each person or individual so signing
the same, and shall also specify the name of the city, town or village,
stating the street and number, if the premises have a street and number,
and otherwise such apt description as will reasonably indicate the
location thereof, where is to be located the principal place of business
and the bureau, agency, sub-agency, office or branch office for which
the license is desired, and such further facts as may be required by the
department of state to show the good character, competency and integrity
of each person or individual so signing such application. Each person or
individual signing such application shall, together with such
application, submit to the department of state, his photograph, taken
within six months prior thereto in duplicate, in passport size and also
two sets of fingerprints of his two hands recorded in such manner as may
be specified by the secretary of state or the secretary of state's
authorized representative. Before approving such application it shall be
the duty of the secretary of state or the secretary of state's
authorized representative to forward one copy of such fingerprints to
the division of criminal justice services. Upon receipt of such
fingerprints, such division shall forward to the secretary of state a
report with respect to the applicant's previous criminal history, if
any, or a statement that the applicant has no previous criminal history
according to its files. If additional copies of fingerprints are
required the applicant shall furnish them upon request. Such
fingerprints may be submitted to the federal bureau of investigation for
a national criminal history record check. The secretary shall reveal the
name of the applicant to the chief of police and the district attorney
of the applicant's residence and of the proposed place of business and
shall request of them a report concerning the applicant's character in
the event they shall have information concerning it. The secretary shall
take such other steps as may be necessary to investigate the honesty,
good character and integrity of each applicant. Every such applicant for
a license as private investigator shall establish to the satisfaction of
the secretary of state (a) if the applicant be a person, or, (b) in the
case of a firm, limited liability company, partnership or corporation,
at least one member of such firm, partnership, limited liability company
or corporation, has been regularly employed, for a period of not less
than three years, undertaking such investigations as those described as
performed by a private investigator in subdivision one of section
seventy-one of this article, as a sheriff, police officer in a city or
county police department, or the division of state police, investigator
in an agency of the state, county, or United States government, or
employee of a licensed private investigator, or has had an equivalent
position and experience or that such person or member was an employee of
a police department who rendered service therein as a police officer for
not less than twenty years or was an employee of a fire department who
rendered service therein as a fire marshal for not less than twenty
years. However, employment as a watchman, guard or private patrolman
shall not be considered employment as a "private investigator" for
purposes of this section. Every such applicant for a license as watch,
guard or patrol agency shall establish to the satisfaction of the
secretary of state (a) if the applicant be a person, or, (b) in the case
of a firm, limited liability company, partnership or corporation, at
least one member of such firm, partnership, limited liability company or
corporation, has been regularly employed, for a period of not less than
two years, performing such duties or providing such services as
described as those performed or furnished by a watch, guard or patrol
agency in subdivision two of section seventy-one of this article, as a
sheriff, police officer in a city or county police department, or
employee of an agency of the state, county or United States government,
or licensed private investigator or watch, guard or patrol agency, or
has had an equivalent position and experience; qualifying experience
shall have been completed within such period of time and at such time
prior to the filing of the application as shall be satisfactory to the
secretary of state. The person or member meeting the experience
requirement under this subdivision and the person responsible for the
operation and management of each bureau, agency, sub-agency, office or
branch office of the applicant shall provide sufficient proof of having
taken and passed a written examination prescribed by the secretary of
state to test their understanding of their rights, duties and powers as
a private investigator and/or watchman, guard or private patrolman,
depending upon the work to be performed under the license. In the case
of an application subscribed by a resident of the state of New York such
application shall be approved, as to each resident person or individual
so signing the same, but not less than five reputable citizens of the
community in which such applicant resides or transacts business, or in
which it is proposed to own, conduct, manage or maintain the bureau,
agency, sub-agency, office or branch office for which the license is
desired, each of whom shall subscribe and affirm as true, under the
penalties of perjury, that he has personally known the said person or
individual for a period of at least five years prior to the filing of
such application, that he has read such application and believes each of
the statements made therein to be true, that such person is honest, of
good character and competent, and not related or connected to the person
so certifying by blood or marriage. In the case of an application
subscribed by a non-resident of the state of New York such application
shall be approved, as to each non-resident person or individual so
signing the same by not less than five reputable citizens of the
community in which such applicant resides. The certificate of approval
shall be signed by such reputable citizens and duly verified and
acknowledged by them before an officer authorized to take oaths and
acknowledgment of deeds. All provisions of this section, applying to
corporations, shall also apply to joint-stock associations, except that
each such joint-stock association shall file a duly certified copy of
its certificate of organization in the place of the certified copy of
its certificate of incorporation herein required.

1-a. Every such applicant for a license as bail enforcement agent
shall establish to the satisfaction of the secretary of state (a) if the
applicant be a person, or (b) in the case of a firm, company,
partnership, or corporation, at least one member of such firm,
partnership, company or corporation, has been regularly employed, for a
period of not less than three years, performing such duties or providing
such services as described as those furnished by a bail enforcement
agent in section seventy-one of this article, as a sheriff, police
officer in a city or county police department, or the division of state
police, investigator in an agency of the state, county, or United States
government, or employee of a licensed private investigator, or has had
an equivalent position and experience or that such person or member was
an employee of a police department who rendered service therein as a
police officer for not less than twenty years or was an employee of a
fire department who rendered service therein as a fire marshal for not
less than twenty years.

1-b. The person or member meeting the experience requirement under
subdivisions one and one-a of this section and any person or member of
such firm, company, partnership or corporation who engages in the
apprehension and return of suspects who fail to appear before the court
must either satisfactorily complete a basic certification course in
training for bail enforcement agents offered by a provider that is
approved by the secretary of state; or such person or member must have
served as a police officer, as that term is defined in subdivision
thirty-four of section 1.20 of the criminal procedure law, for a period
of not less than three years.

The basic course of training shall include at least twenty-five hours
of training approved by the secretary of state and must include
instruction on issues involved with the rights and limitations involving
the bailee/fugitive who signs a contract with the bail enforcement
agent. Completion of the course shall be for educational purposes only
and not intended to confer the power of arrest of a peace officer or
public officer, or agent of any federal, state, or local government,
unless the person is so employed by a governmental agency.

2. If the applicant is a corporation, the application shall be
subscribed by the president, secretary, treasurer, and all other
officers and directors working for such corporation within the state of
New York, and shall specify the name of the corporation, the date and
place of its incorporation, the location of its principal place of
business, and the name of the city, town or village, stating the street
and number, if the premises have a street and number, and otherwise such
apt description as will reasonably indicate the location thereof, where
is to be located the bureau, agency, sub-agency, office or branch office
for which the license is desired, the amount of the corporation's
outstanding paid up capital stock and whether paid in cash or property,
and, if in property, the nature of the same, and shall be accompanied by
a duly certified copy of its certificate of incorporation. Each and
every requirement as to character of subdivision one of this section as
to a person or individual member of a firm or partnership shall apply to
the president, secretary, treasurer and all other officers and directors
working for such corporation within the state of New York and each such
officer and director, his successor and successors shall prior to
entering upon the discharge of his duties subscribe a like statement,
approved in like manner, as is by said subdivision one prescribed in the
case of a person or individual member of a firm or partnership.

3. Each person subscribing an application pursuant to this section
shall affirm that the statements therein are true under the penalties of
perjury.

4. The secretary of state may deny, suspend or revoke the license of a
corporation if, at any time, ten per centum or more of the corporate
stock is held by a person who cannot meet the character standard set for
an individual licensee.