§ 74D-2. License requirements.
§ 74D‑2. Licenserequirements.
(a) License Required. No person, firm, association, corporation, or department or division of a firm,association or corporation, shall engage in or hold itself out as engaging inan alarm systems business without first being licensed in accordance with thisChapter. A department or division of a firm, association, or corporation may beseparately licensed under this Chapter if the distinct department or division,as opposed to the firm, association, or corporation as a whole, engages in analarm systems business. The department or division shall ensure strictconfidentiality of private security information, and the private securityinformation of the department or division must, at a minimum, be physicallyseparated from other premises of the firm, association, or corporation. Forpurposes of this Chapter an "alarm systems business" is defined asany person, firm, association or corporation that does any of the following:
(1) Sells or attempts tosell an alarm system device by engaging in a personal solicitation at aresidence or business to advise, design, or consult on specific types andspecific locations of alarm system devices.
(2) Installs, services,monitors, or responds to electrical, electronic or mechanical alarm signaldevices, burglar alarms, monitored access control, or cameras used to detectburglary, breaking or entering, intrusion, shoplifting, pilferage, theft, orother unauthorized or illegal activity. This provision shall not apply to alocking device that records entry and exit data and does not transmit the datain real time to an on‑site or off‑site monitoring location,provided the installer is duly licensed by the North Carolina LocksmithLicensing Board.
(b) Repealed by SessionLaws 1989, c. 730, s. 1.
(c) Qualifying Agent. A business entity that engages in the alarm systems business is subject to allof the requirements listed in this subsection with respect to a qualifyingagent. For purposes of this Chapter, a "qualifying agent" is anindividual in a management position who is licensed under this Chapter andwhose name and address have been registered with the Board. The requirementsare:
(1) The business entityshall employ a designated resident qualifying agent who meets the requirementsfor a license issued under and who is, in fact, licensed under the provisionsof this Chapter, unless otherwise approved by the Board. Provided, however,that this approval shall not be given unless the business entity has andcontinuously maintains in this State a registered agent who shall be anindividual resident in this State. Service upon the registered agent appointedby the business entity of any process, notice or demand required by orpermitted by law to be served upon the business entity by the Alarm SystemsLicensing Board shall be binding upon the business entity and the licensee.Nothing herein contained shall limit or affect the right to serve any process,notice or demand required or permitted by law to be served upon a businessentity in any other manner or hereafter permitted by law.
(2) Repealed by SessionLaws 2009‑328, s. 15, effective October 1, 2009.
(3) In the event thatthe qualifying agent upon whom the business entity relies in order to dobusiness ceases to perform his duties as qualifying agent, the business entityshall notify the board in writing within 10 working days. The business entitymust obtain a substitute qualifying agent within 90 days after the originalqualifying agent ceases to serve as qualifying agent.
(4) The license certificateshall list the name of the qualifying agent. No licensee shall serve as thequalifying agent for more than one business entity without the prior approvalof the Board.
(5) Repealed by SessionLaws 2009‑328, s. 15, effective October 1, 2009.
(d) Criminal RecordCheck. An applicant must meet all of the following requirements andqualifications determined by a background investigation conducted by the Boardin accordance with G.S. 74D‑2.1 and upon receipt of an application:
(1) The applicant is atleast 18 years of age.
(2) The applicant is ofgood moral character and temperate habits. The following shall be prima facieevidence that the applicant does not have good moral character or temperatehabits: conviction by any local, State, federal, or military court of any crimeinvolving the illegal use, carrying, or possession of a firearm; conviction ofany crime involving the illegal use, possession, sale, manufacture,distribution or transportation of a controlled substance, drug, narcotic, oralcoholic beverages; conviction of a crime involving felonious assault or anact of violence; conviction of a crime involving unlawful breaking or entering,burglary, larceny, or of any offense involving moral turpitude; or a history ofaddiction to alcohol or a narcotic drug; provided that, for purposes of thissubsection, "conviction" means and includes the entry of a plea ofguilty, plea of no contest, or a verdict rendered in open court by a judge orjury.
(3) The applicant hasthe necessary training, qualifications and experience to be licensed.
(e) Examination. TheBoard may require the applicant to demonstrate the applicant's qualificationsby examination.
(f) Confidentiality. Except for purposes of administering the provisions of this section and for lawenforcement purposes, the home address or telephone number of an applicant,licensee, or the spouse, children, or parents of an applicant or licensee isconfidential under G.S. 132‑1.2, and the Board shall not disclose thisinformation unless the applicant or licensee consents to the disclosure. Theprovisions of this subsection shall not apply when a licensee's home address ortelephone number is also the licensee's business address and telephone number.Violation of this subsection shall constitute a Class 3 misdemeanor. (1983, c. 786, s. 1; 1985,c. 561, s. 1; 1989, c. 730, s. 1; 1991 (Reg. Sess., 1992), c. 953, s. 1; 1999‑446,s. 2; 2002‑147, s. 4; 2009‑328, s. 15; 2009‑557, s. 1.)