Current through Register Vol. 46, No. 12, March 20, 2024
(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.
