Section 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  seven  hundred  twenty  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  one   hundred   twenty;   vehicular
  manslaughter,  manslaughter  and  murder pursuant to article one hundred
  twenty-five; sex  offenses  pursuant  to  article  one  hundred  thirty;
  unlawful  imprisonment,  kidnapping  or coercion pursuant to article one
  hundred thirty-five; criminal trespass and burglary pursuant to  article
  one  hundred  forty; criminal mischief, criminal tampering and tampering
  with a consumer product pursuant  to  article  one  hundred  forty-five;
  arson  pursuant  to  article  one  hundred  fifty;  larceny and offenses
  involving theft pursuant to article  one  hundred  fifty-five;  offenses
  involving  computers  pursuant to article one hundred fifty-six; robbery
  pursuant to article one hundred sixty;  criminal  possession  of  stolen
  property pursuant to article one hundred sixty-five; forgery and related
  offenses  pursuant  to  article  one  hundred  seventy;  involving false
  written  statements  pursuant  to  article  one  hundred   seventy-five;
  commercial  bribing  and  commercial bribe receiving pursuant to article
  one  hundred  eighty;  criminal  impersonation  and  scheme  to  defraud
  pursuant  to  article  one  hundred  ninety;  bribery  involving  public
  servants and related offenses pursuant to article two  hundred;  perjury
  and related offenses pursuant to article two hundred ten; tampering with
  a  witness, intimidating a victim or witness and tampering with physical
  evidence pursuant to article two hundred fifteen; criminal possession of
  a controlled substance pursuant  to  sections  220.06,  220.09,  220.16,
  220.18  and  220.21; criminal sale of a controlled substance pursuant to
  sections 220.31, 220.34, 220.39, 220.41,  220.43  and  220.44;  criminal
  sale  of  marijuana pursuant to sections 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 two hundred forty; and crimes
  against  public safety pursuant to article two hundred sixty-five of the
  penal law.

    14.  "Peace  officer"  shall  mean  a  peace  officer  as  defined  by
  subdivision  thirty-three of section 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 one of
  section 2.30 of such law.
    15.  "Police  officer"  shall  mean  a  police  officer  as defined by
  subdivision thirty-four of section 1.20 of the criminal procedure law.