New York Codes, Rules and Regulations (NYCRR)

Title 19 Part 170

Department of State

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14 sections

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19 NYCRR 170.1 - Security guard

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(a)A person described in General Business Law, section 89-f(6) is a security guard if he or she principally performs the activities of prevention, deterrence, control or enforcement.
(b)For purposes of this Part:
(1)prevention includes protecting persons and/or property from harm, theft, and other unlawful activity, including response to a security systems alarm;
(2)deterrence includes deterring, observing, detecting, and reporting unlawful or unauthorized activity;
(3)control includes controlling, by street or other patrol service, access to property, including employee personnel, visitors, vehicles and traffic;
(4)enforcement includes enforcing security policies, rules, regulations, and procedures.
(c)Principally performing shall mean:
(1)engaged in the functions set forth in subdivision (b) of this section for more than 50 percent of the person's regularly scheduled work hours; or
(2)employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she is armed with a weapon; or
(3)employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she wear a military style uniform or insignia, either being indicative of security guard status.
(d)Police officers.
(1)When employed by a security guard company, an off-duty police officer is exempt from the registration, fingerprinting and training provisions of General Business Law, article 7-A. When employed by a security guard company, a retired or former police officer must comply with the registration, fingerprinting and training provisions of General Business Law, article 7-A.
(2)Before employing an off-duty police officer as a security guard, a security guard company licensed pursuant to General Business Law, article 7 shall obtain an employee statement from the off-duty police officer as required by General Business Law, section 81(2); provided, however, the off-duty police officer shall be exempt from the fingerprinting provisions of General Business Law, section 81, subdivisions (3), (4), (5), (6) and (7).
(e)Peace officers.

When employed by a security guard company, an off-duty peace officer must comply with the registration and fingerprinting provisions of General Business Law, article 7-A. The peace officer must also comply with the training provisions of General Business Law, section 89-n subject to that section's special exceptions for peace officers.

(f)For the purposes of General Business Law, articles 7 and 7-A, a security guard is considered to be employed by a security guard company if the security guard is not independently licensed as a private investigator or as a watch, guard or patrol agency pursuant to General Business Law, article 7, even if the security guard is treated as an independent contractor by the security guard company for Federal or State tax purposes.

19 NYCRR 170.2 - Fingerprinting of employees

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(a)Employees of any licensed private investigator or licensed watch, guard or patrol agency whether contractual or proprietary shall be fingerprinted. Employees of any licensed bail enforcement agent shall be fingerprinted.
(1)All fingerprinting shall be performed at the office of the licensee or of another licensee by the person who qualifies as the licensee or by a designated person who is employed by the entity and who has been previously fingerprinted.
(2)The designation of such person(s) to take fingerprints shall be made in writing by the qualifying licensee and filed with the Albany Office of the Division of Licensing Services, Department of State.
(3)The form of certification on the fingerprint pattern card as to the taking of the fingerprints of an employee shall be signed by the person authorized to take such fingerprints as provided by this section and shall not be signed by any other person.
(b)The holder of a license shall submit to the Department of State, Division of Licensing Services in Albany one set of fingerprint cards for each employee that is hired within 24 hours of such employment. One set of fingerprint cards shall be retained by the employer and attached to the front of the employee statement of each person hired.
(c)The holder of any private investigator and watch, guard and patrol license that is performing guard service for a proprietary firm, company, partnership or corporation shall fingerprint all employees whose job duties are primarily related to the operation of the security guard entity.
(d)Along with the employee statement and fingerprint card, a copy of the fingerprint transmittal form which accompanies the fingerprint card shall be attached to each employee personnel folder.
(e)Individuals possessing a current security guard registration need only complete an employee statement to be retained in the employee personnel folder, in lieu of fingerprinting.

19 NYCRR 170.3 - Employee statements

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(a)Employee statement.

Each licensed private investigator, watch guard or patrol agency including every proprietary security guard company shall obtain a complete employee statement from each employee at the time of hiring. For a security guard company which has elected to form a security guard entity as provided in section 174.3 of this Title, such requirement shall apply only to those employees whose job duties are primarily related to the operation of such entity. Each licensed bail enforcement agent shall obtain a complete employee statement from each employee.

(b)The employee statement shall be a form prescribed by the Department of State, and shall inquire whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense), and any such further information as the Department of State shall require.
(c)A licensee under article 7 of the General Business Law may destroy the employee's statement and fingerprint card referred to in section 81 of said article, provided that the employee has not been in the licensee's employ for the period of at least one year immediately preceding said destruction; no such destruction shall take place in the event that there is any litigation pending and arising out of and in the course of the individual's employment with the licensee.

19 NYCRR 170.4 - Fingerprinting of qualifying licensee(s)

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Applicants for licensure for a private investigator or watch guard or patrol agency or bail enforcement agent may be fingerprinted by employees of the Department of State, Division of Licensing Services at designated locations and at appointed times. The fingerprints of any applicant for licensure may also be taken and recorded by local and State Police, or sheriffs and chiefs of police in a form and manner approved by the Division of Criminal Justice Services. In such case, each fingerprint card shall be signed and authenticated by the official who took the fingerprints, with his/her title of office.

19 NYCRR 170.5 - Principal business address

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All licensees under article 7 of the General Business Law shall maintain a principal place of business within New York State which shall contain the employee and business records for any licensed activities conducted within New York State.

19 NYCRR 170.6 - Earlier source heading: [Repealed]

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19 NYCRR 170.7 - Multiple licenses

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A licensed watch, guard or patrol agency or private investigator or bail enforcement agent may not hold an employment agency license or have a financial interest in or participate in the control and management of any employment agency or any other entity engaged in the business of private investigator, except that such prohibition shall not apply in the following situations:

(a)the licensee owns stock in a corporation whose only business is to undertake for hire the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables; or
(b)the licensee owns stock in a corporation whose only business is to provide or furnish protective, guard or private investigator services to the Federal or New York State government or any subdivision, department, commission or agency thereof; or
(c)the corporation was created or subject to the provisions of chapter 440 of the Laws of 1926 (with respect to raising and breeding of horses) or chapter 254 of the Laws of 1940 (with respect to the pari-mutuel method of betting); or
(d)the licensee is a proprietary security guard company.

19 NYCRR 170.8 - Business records

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Each licensee shall retain and maintain for a period of three years records of all transactions relating to the private investigator or watch, guard or patrol or bail enforcement business.

19 NYCRR 170.9 - Earlier source heading: Employees' identification cards issued by licensee

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19 NYCRR 170.10 - Insignia/symbols of authority

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(a)No licensed watch, guard or patrol agency shall use any badge, patch or insignia except as described herein:
(1)Any cloth or metal insignia authorized for use shall be no larger than 3″ wide by 4″ high and rectangular in shape.
(2)The insignia used by security guards shall not be similar in design or appearance to the insignia of any police force or governmental agency. Such insignia shall not contain a replica of the Great Seal of the State of New York or the coat of arms of New York State. It shall show the full licensed name of the employer in a prominent and legible manner.
(3)Each insignia shall contain the words watch guard, guard, patrol, special service protection, security or armed security. The cloth patch or metal insignia shall be worn either on the shoulder or breast of the guard uniform or a hat.
(b)The exhibition, wear, or display of any insignia of authority including any badge, emblem, identification card, vehicle emblem or any advertisement which could deceive a reasonable person into believing that such item is authorized by a law enforcement agency or the bearer is a law enforcement officer is prohibited.

19 NYCRR 170.11 - Advertisements

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All media advertisements placed by an individual or business licensed under this article, other than a proprietary security guard company, shall state, “Licensed by the New York State Department of State.”

19 NYCRR 170.12 - Contracts and agreements

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(a)Consumers conducting business with an individual or firm licensed under this article shall receive a copy of any signed contract and/or agreement.
(b)All contracts and agreements used by an individual or firm licensed under this article shall include the following statement under the name of the business: “This business is licensed by the New York Department of State, Division of Licensing Services.”

19 NYCRR 170.13 - Supervision

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All licensees under article 7 of the General Business Law shall be required to provide supervision of all employees engaged in the business of investigations or security guard or bail enforcement work. Such supervision shall consist of regular, frequent and consistent guidance, instruction, oversight and superintendence by the licensee with respect to investigations or security guard or bail enforcement work conducted by the licensee, and all matters relating thereto.

19 NYCRR 170.14 - State issued identification card

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(a)A security guard wearing a military style uniform shall prominently display the State issued registration card on his or her outer garment.
(b)A bail enforcement agent or an employee of a bail enforcement agent wearing a military style uniform shall prominently display a company issued identification card on his or her outer garment.

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