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  • Wednesday, February 01, 2006

     

    Don't Believe this,,,,then check the law....NYS LAW

    Private Investigators, Bail Enforcement Agents and Watch,
    Guard or Patrol Agencies License Law
    Article 7 General Business Law

    Neither the private entities or the police officers are in compliance with Article 7 of the General Business Law that explicitly states:§170.1 Security guard(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 the General Business Law, Article 7A.

    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 7A.(2) Before employing an off-duty police officer as a security guard, a security guard company licensed pursuant to Article 7 of the General Business Law shall obtain an employee statement from the police officer as required by section 81(2) of the General Business Law; provided, however, a police officer shall be exempt from the fingerprinting provisions of subdivisions 3, 4, 5, 6 and 7 of section 81 of the General Business Law.(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, Article 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.

    §89-p. Violations and penalties
    Any person who is employed as a security guard or who acts as a security guard in violation of the provisions of §89-g of this article or who knowingly and wilfully makes material misstatements in the application for or renewal of his or her registration card or who permits or authorizes the employment of a person as a security guard in violation of the provisions of §89-g of this article or any security guard company which employs a security guard in violation of the provisions of §89-g of this article shall be guilty of a misdemeanor which, upon conviction, shall be punishable by a term of imprisonment not to exceed six months, or by a fine of not more than $1,000, or by both such fine and imprisonment upon the first conviction and by a term of imprisonment not to exceed one year or by a fine of not less than $1,000 and not to exceed $2,500 or by both such fine and imprisonment upon a subsequent conviction. Any person who shall knowingly and wilfully fail to surrender his or her registration card as required by subdivision 7 of §89-l of this article shall be guilty of a violation punishable by a fine not to exceed $250 in addition to any other penalty prescribed by law. Each violation of this article shall be deemed a separate offense.

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