Section 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.