Section 20-298
§ 20-298 Definitions. Whenever used in this subchapter, the term
"locksmith" shall mean a person dealing in the mechanical actions, and
the correct operations of all locks, key or keyless, or similar devices,
and whose trade or occupation is repairing, servicing, installing,
inspecting, opening and closing such locks by mechanical means, other
than with the regular key made for the purpose, without altering,
marring or destroying the original condition or effectiveness of such
locks or similar devices in any shape or manner, or a maker or
manufacturer of locks, pressure keys, skeleton keys, pass keys, jigs, or
any other mechanical device to aid a locksmith in the plying of his or
her trade.
Section 20-299
§ 20-299 License required. It shall be unlawful for any person to
carry on the business, trade or occupation of a locksmith, or for any
person employed in a hotel, apartment house, office building, store,
garage, service station, luggage shop, or any other establishment, to
perform the duties of a locksmith, without a license therefor.
Section 20-300
§ 20-300 License fee. The fee for a locksmith's license shall be fifty
dollars.
Section 20-301
§ 20-301 Regulations. a. It shall be unlawful for any person other
than a licensed locksmith to open any lock for which a key or
combination may have been lost; or to make any repairs to, or change in,
the mechanical adjustment or combination of any lock; or to make any
original key or any other device or contraption to open a lock.
b. Every licensed locksmith shall keep a book in which he or she is to
record: (1) the name and address of every person ordering master keys,
keys by number, or ordering the opening of a locked item and the date
and time such work was done; and (2) the means relied upon to identify
any person ordering the opening of a locked item and to verify ownership
of a locked item or authorization to order the opening of a locked item.
Such book shall be open at all reasonable times for inspection by the
commissioner, any departmental inspector, any police officer, or any
person duly authorized by the commissioner.
c. Every licensed locksmith, except an itinerant locksmith, who is
requested to open a locked item which is located on premises other than
where the business is conducted shall, prior to opening such locked
item, present a photocopy of the license issued hereunder to any person
requesting the opening of such locked item. Every itinerant locksmith
shall, prior to opening a locked item, indicate the display of the
license issued hereunder to any person requesting the opening of such
locked item.
d. Every locksmith shall make a good faith effort to: (1) determine
the identification of any person requesting the opening of a locked
item; and (2) obtain proof that a person requesting the opening of a
locked item is the proper owner of the locked item or is authorized to
request that the locked item be unlocked.
f. Every locksmith opening a locked item shall obtain the signature or
mark of the person requesting the opening of such locked item on a form
to be prescribed by the commissioner. Such form shall state, in such
manner as the commissioner shall by rule establish, that the person
requesting that an item be opened is authorized to open that item. The
forms shall be retained by the locksmith in such manner as the
commissioner shall require, and shall be available at all reasonable
times for inspection by the commissioner, any departmental inspector,
any police officer, or any person duly authorized by the commissioner or
any judge of the criminal court.
Section 20-302
§ 20-302 Equipment to be listed. Each manufacturer or jobber of
devices aiding locksmiths in their trade shall file a list of his or her
equipment with the department and with the police department,
enumerating in such list all master key blanks, code books, machinery,
skeleton keys that open and operate more than one lock and known to the
trade as pressure keys, key sets for automobiles, vibrating lockpickers,
and all similar equipment in his or her possession. It shall be unlawful
to dispose of any such equipment to any person other than a licensed
locksmith.
Section 20-303
§ 20-303 Keys to be marked. All keys made by a licensed locksmith
shall be stamped with his or her name and address or with the license
number issued to him or her by the commissioner. All master keys in
addition shall bear the word "master", and duplicates shall be made only
upon the signed order of the owner of the locks which such keys are
designed to operate or his or her authorized agent. Master keys shall be
made only by a licensed locksmith.
Section 20-304
§ 20-304 Licenses to be displayed. Every licensed locksmith shall
display the license issued hereunder in a conspicuous place where it can
be readily seen by anyone entering the premises where the business is
conducted. Where the licensed locksmith is not in business for himself
or herself but is employed by another, it shall be incumbent upon the
licensee and his or her employer to display the license hereunder in a
conspicuous place where it can be readily seen by anyone entering the
premises wherein the business is conducted. Where more than one
locksmith is employed in such premises the license of the person then in
charge need only be displayed. In the case of an itinerant locksmith the
license shall be on his or her person or prominently displayed upon the
working kit he or she may carry or upon any vehicle which he or she may
use in the plying of his or her trade or occupation.
Section 20-305
§ 20-305 Prohibition as to itinerant locksmiths. It shall be unlawful
for any licensed itinerant locksmith to ply his or her trade or
occupation or maintain a stand within five hundred feet of any store or
other permanent place of business of a licensed locksmith, or at any
other place upon the streets or highways of the city where police
regulations will not permit.
Section 20-306
§ 20-306 Proof of qualifications; fingerprinting. a. The commissioner
shall require any applicant for a locksmith's license to furnish
documentary proof that he or she is a qualified locksmith, and if such
evidence is not satisfactory to the commissioner, the commissioner may
require the applicant to submit to any examination by at least two
licensed locksmiths to be named by the commissioner, to serve without
compensation, and such licensed locksmiths, after examining the
applicant shall certify in writing to the commissioner whether or not
the applicant in their opinion is sufficiently qualified to be licensed
as a locksmith.
b. The commissioner shall require that applicants for licenses issued
pursuant to this subchapter be fingerprinted for the purpose of securing
criminal history records from the state division of criminal justice
services. The applicant shall pay a processing fee as required by the
state division of criminal justice services. Fingerprints shall be taken
of the individual owner if the applicant is a sole proprietorship; the
general partners if the applicant is a partnership; and the officers,
principals, directors, and stockholders owning more than ten percent of
the outstanding stock of the corporation if the applicant is a
corporation. Any person required to be fingerprinted hereunder shall
furnish to the department three current passport-size photographs of
such person. Notwithstanding the foregoing, the commissioner need not
require applicants for licenses required under this subchapter to be
fingerprinted if criminal history records concerning such applicants are
not available from the state division of criminal justice services.
Section 20-306.1
§ 20-306.1 Refusal to issue or renew, or suspension or revocation
based on criminal conviction. In addition to any of the powers that may
be exercised by the commissioner pursuant to this subchapter or chapter
one of this title, the commissioner, after notice and an opportunity to
be heard, may refuse to issue or renew, or may suspend or revoke, a
license required under this subchapter if the applicant or licensee, or
any of its principals, officers or directors, or any of its stockholders
owning more than ten percent of the outstanding stock of the corporation
has been convicted of a crime which, in the judgment of the
commissioner, has a direct relationship to such person's fitness or
ability to perform any of the activities for which a license is required
under this subchapter or has been convicted of any other crime which, in
accordance with article twenty-three-a of the correction law, would
provide a justification for the commissioner to refuse to issue or
renew, or to suspend or revoke, such license.
Section 20-307
§ 20-307 Exemptions. a. Members of city, state or federal departments,
who are assigned to locksmith work wholly within their respective
departments or divisions, shall be exempt from the operation of this
subchapter.
b. No person shall be employed by a duly licensed locksmith as an
apprentice or trainee unless such person shall have a trainee-license,
the annual fee for which shall be ten dollars, and during the time in
which such person is so employed he or she shall be under the direct
supervision of said licensed locksmith and such person may perform the
duties of a locksmith. Such apprentice or training period shall not
exceed thirty-six months. Each such licensed locksmith employer shall be
responsible for notifying the department as to the termination or other
change in the employment of any such apprentice or trainee.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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