§ 74. Issuance of licenses; fee; bonds. 1. (a) The application shall
be accompanied by a non-refundable fee, payable to the department of
state for the use of the state, for each certificate of license, as
hereinbelow enumerated, issued to the applicant, if the applicant be an
individual, of four hundred dollars for a license as private
investigator or bail enforcement agent or a fee of three hundred dollars
for a license as watch, guard or patrol agency, or if the applicant be a
firm, partnership, limited liability company or corporation, a fee of
five hundred dollars for a license as private investigator or bail
enforcement agent or a fee of four hundred dollars for a license as
watch, guard or patrol agency.

(b) When the application shall have been examined and such further
inquiry and investigation made as the secretary of state shall deem
proper, and when the secretary of state shall be satisfied therefrom of
the good character, competency and integrity of such applicant, or, if
the applicant be a firm or partnership, the individual members thereof,
or if the applicant be a limited liability company, the individual
members thereof, or if the applicant be a corporation, the president,
secretary, treasurer and all other officers and all directors thereof,
and each stockholder owning ten per centum or more of the stock and a
period to ten days from the date of the filing of the application shall
have passed, the department of state shall issue and deliver to such
applicant a certificate of license to conduct such business and to own,
conduct or maintain a bureau, agency, sub-agency, office or branch
office for the conduct of such business on the premises stated in such
application upon the applicant's executing, delivering and filing in the
office of such department a surety company bond in the sum of ten
thousand dollars; provided however, that an applicant for a license as a
bail enforcement agent shall execute, deliver and file with the office
of such department a surety company bond in the sum of five hundred
thousand dollars, conditioned for the faithful and honest conduct of
such business by such applicant, which surety bond must be written by a
company recognized and approved by the superintendent of financial
services of the state, and approved by the department of state with
respect to its form, manner of execution and sufficiency provided,
further, however, before a license is issued to a non-resident the
applicant must file with the secretary of state a written consent to the
jurisdiction of the courts of New York (i) in any case or cases arising
from any contract for the performance of private investigative services
as private investigator, bail enforcement agent or watch, guard or
patrol agency, made within the state or to be performed, wholly or in
part, within the state or in any way connected with the conduct of
business within the state, and (ii) in any case or cases arising from
any tort occurring within the state or occurring in connection with the
business of the licensee within the state. The license as private
investigator, bail enforcement agent or watch, guard or patrol agency
granted pursuant to this article shall last for a period of two years,
but shall be revocable at all times by the department of state for cause
shown. Such bond shall be taken in the name of the people of the state
of New York, and any person injured by the violation of any of the
provisions of this article or by the wilful, malicious and wrongful act
of the principal or employee may bring an action against such principal,
employee or both on said bond in his own name to recover damages
suffered by reason of such wilful, malicious and wrongful act. In each
and every suit, or prosecution arising out of this article, the agency
of any employee as to the employment and as to acting in the course of
his employment, shall be presumed. The license certificate shall be in a
form to be prescribed by the secretary of state and shall specify the
full name of the applicant, the location of the principal office or
place of business and the location of the bureau, agency, sub-agency,
office or branch office for which the license is issued, the date on
which it is issued, the date on which it will expire and the names and
residences of the applicant or applicants filing the statement required
by section seventy-two of this article upon which the license is issued
and in the event of a change of any such address or residence the
department of state shall be duly notified in writing of such change
within twenty-four hours thereafter, and failure to give such
notification shall be sufficient cause for revocation of such license.
No such license as private investigator, bail enforcement agent or
watch, guard or patrol agency shall be issued to a person under the age
of twenty-five years.

(c) The secretary of state shall receive a non-refundable examination
fee of fifteen dollars from each person who takes an examination to
qualify for application for licensure pursuant to this article. Fees
paid to the department of state pursuant to this article shall be
deposited in the business and licensing services account established
pursuant to section ninety-seven-y of the state finance law.

2. Except as hereinafter in this subdivision provided, no such license
shall be issued to any person who has been convicted in this state or
any other state or territory of a felony, or any of the following
offenses, to wit: (a) illegally using, carrying or possessing a pistol
or other dangerous weapon; (b) making or possessing burglar's
instruments; (c) buying or receiving or criminally possessing stolen
property; (d) unlawful entry of a building; (e) aiding escape from
prison; (f) unlawfully possessing or distributing habit forming narcotic
drugs; (g) violating subdivision six of section seven hundred twenty-two
of the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven, or violating section
165.25 or 165.30 of the penal law; (h) violating section seven hundred
forty-two, section seven hundred forty-three, or section seven hundred
forty-five of the said former penal law, or violating any section
contained in article two hundred fifty of the penal law. Except as
hereinafter in this subdivision provided, no license shall be issued to
any person whose license has been previously revoked by the department
of state or the authorities of any other state or territory because of
conviction of any of the offenses specified in this section. The
provisions of this subdivision shall not prevent the issuance of a
license to any person who, subsequent to his conviction, shall have
received executive pardon therefor removing this disability, or who has
received a certificate of relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law to
remove the disability under this section because of such conviction or
previous license revocation occasioned thereby.

3. There shall be kept in the office of the department of state a
bulletin board, in a place accessible to the general public, on which
shall be posted at noon on Friday of each week the following: a
statement of all pending applications for licenses under this article,
giving the name of the applicant, and whether individual, firm, limited
liability company or corporation, and the proposed business address; a
similar statement of all such licenses issued during the preceding week;
a similar statement of all such licenses revoked during the preceding
week. No holder of an employment agency license shall be licensed under
this article. While holding a license under this article a licensee
shall not simultaneously hold an employment agency license or have
financial interest in or participate in the control and management of
any employment agency or any other person, firm, limited liability
company or corporation engaged in private detective business except that
a licensee hereunder may own or possess stock in any corporation whose
only business is to undertake for hire the preparation of payrolls and
the transportation of payrolls, moneys, securities and other valuables
or whose only business is to provide or furnish protective, guard or
private investigator service to: (a) the government of the United States
or any subdivision, department or agency of the government of the United
States, the government of the state of New York or any of its
subdivisions, departments, commissions or agencies; or (b) a corporation
created under or subject to the provisions of chapter four hundred forty
of the laws of nineteen hundred twenty-six or chapter two hundred
fifty-four of the laws of nineteen hundred forty. In the event of the
filing in the office of the department of state a verified statement of
objections to the issuance of a license under the provisions of this
article, no license shall be issued to such applicant until all
objections shall have been heard in a public hearing and a determination
made in a manner provided by section seventy-nine of this article.

4. For changing the name on a license or for changing the status of a
license, the secretary of state shall receive a non-refundable fee of
one hundred fifty dollars.

5. For changing the address on a license, the secretary of state shall
receive a non-refundable fee of ten dollars.