32-122.05. Certification of alarm businesses and controlling persons; applications; fingerprinting; fee; renewal

A. The board shall issue certificates to alarm businesses and controlling persons.  An alarm business may not operate until the alarm business and each of its controlling persons submit applications and receive certification from the board. A separate certificate is required for each business name under which an alarm business conducts business or advertises, except that one certificate may be used for two businesses with the same ownership. To obtain an alarm business certificate, each controlling person of the alarm business shall provide proof to the board of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. All alarm business certificates and controlling person certificates issued pursuant to this article are valid for three years from the date of issuance.

B. An application for an alarm business certificate and for a controlling person certificate shall include:

1. The name, business address, mailing address and telephone number of the alarm business. If the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, the applicant shall state the name of the alarm business exactly as shown in its articles of incorporation, charter, certificate of limited partnership, articles of organization or other organizational documents, as applicable, together with the state and date of incorporation and the name, residence address and date of birth of each controlling person. If one or more of the partners, members or shareholders of the applicant is a corporation or other legal entity, the provisions of this subsection relating to information required of a corporation apply.

2. If the alarm business is a corporation, general or limited partnership, limited liability company or other legal entity, designation of one of its designated controlling persons to have full authority, act as the alarm business's contact with the board and be responsible for the alarm business's compliance with this chapter. Each designated controlling person shall complete and sign all application forms required of an individual alarm agent applicant under this article.  The alarm business shall also provide a copy of the corporation, partnership or limited liability company formation documents to the board.

3. The name of the alarm business and each controlling person, any alias or other name used or by which the alarm business or any controlling person has been previously known and the current residence and business addresses, telephone numbers, including fax numbers, and e-mail addresses of each alarm business and each controlling person.

4. The names and addresses of the alarm agents who are employed by the alarm business.

5. Proof that the person submitting the application and each controlling person are at least eighteen years of age as indicated on a current driver license or other picture identification document that is issued by a governmental agency.

6. Two current two-inch by two-inch photographs of each controlling person.

7. Information as to whether the applicant or any controlling person, or the business on behalf of which the certificate is being applied for, has ever been refused or denied any similar registration, certificate, license or permit or has had any similar license or permit revoked, canceled or suspended and the reason or reasons for the revocation, cancellation or suspension.

8. Whether the person submitting the application or any controlling person has been convicted of a felony or misdemeanor.

C. In addition to the application requirements prescribed in subsection B of this section, an applicant for an alarm business certificate and an applicant for a controlling person certificate shall pay a fee as determined by the board.

D. An applicant for an initial alarm business certificate or an initial controlling person certificate or an applicant for a renewal of an alarm business certificate or a controlling person certificate shall notify the board, in writing, of any change in the information contained in the certificate application or renewal application, including the names of controlling persons or alarm agents that have left the applicant's employment. The applicant shall notify the board within fifteen calendar days after the occurrence of the change.

E. An alarm business and each controlling person shall file an application for a certificate renewal with the board no later than fourteen days before the expiration of the certificate that is currently in effect.  If a certificate expires without the alarm business or controlling persons having submitted a timely application for renewal, the alarm business may not operate until the holder of the expired certificate files a new application for an initial certificate.