2006 New York Code - Procedure Upon Application; Grant Of License.

 
    §  174.  Procedure  upon  application; grant of license.   1. Upon the
  receipt of an application for a license, the  commissioner  shall  cause
  the  name  and  address  of  the  applicant,  the  name  under which the
  employment agency is to be conducted, and the street and number  of  the
  place where the agency is to be conducted, to be posted in a conspicuous
  place  in his public office. Such agency shall be used exclusively as an
  employment agency and  for  no  other  purpose,  except  as  hereinafter
  provided. The commissioner shall investigate or cause to be investigated
  the character and responsibility of the applicant and agency manager and
  shall  examine  or  cause to be examined the premises designated in such
  application as the place in which it is proposed to conduct such agency.
  The commissioner shall require all applicants for  licenses  and  agency
  managers  to  be  fingerprinted. Such fingerprints shall be submitted to
  the division of criminal justice services for a state  criminal  history
  record  check,  as  defined in subdivision one of section three thousand
  thirty-five of the education law, and may be submitted  to  the  federal
  bureau of investigation for a national criminal history record check.
    2.  Any  person may file, within one week after such application is so
  posted in the said office, a written protest  against  the  issuance  of
  such  license. Such protest shall be in writing and signed by the person
  filing the same or his authorized agent or  attorney,  and  shall  state
  reasons  why  the said license should not be granted. Upon the filing of
  such protest the commissioner shall appoint a time  and  place  for  the
  hearing  of  such application, and shall give at least five days' notice
  of such time and place to the  applicant  and  the  person  filing  such
  protest.  The  commissioner may administer oaths, subpoena witnesses and
  take testimony in respect to the matters contained in  such  application
  and  protests  or  complaints  of  any  character  for violation of this
  article, and may receive evidence in the form of  affidavits  pertaining
  to  such  matters.  If  it  shall  appear  upon such hearing or from the
  inspection, examination or investigation made by the  commissioner  that
  the  applicant  or  agency  manager is not a person of good character or
  responsibility; or that he or the agency manager has not  had  at  least
  two  years  experience as a placement employee, vocational counsellor or
  in related activities, or other satisfactory business  experience  which
  similarly  tend to establish the competence of such individual to direct
  and operate the placement activities of the agency; or  that  the  place
  where  such  agency is to be conducted is not a suitable place therefor;
  or that the applicant has not  complied  with  the  provisions  of  this
  article; the said application shall be denied and a license shall not be
  granted.  Each  application  should  be granted or refused within thirty
  days from the date of its filing.
    3. Any license heretofore issued shall run to the first Tuesday of May
  next following the date thereof and no later, unless sooner  revoked  by
  the  commissioner. On and after May first, nineteen hundred seventy-six,
  licenses  shall  run  to  May  first,  nineteen  hundred  seventy-eight;
  thereafter  to  May first of every second year. A separate license shall
  be required for each branch of any agency.
    4. No license shall be granted to a person to conduct the business  of
  an employment agency in rooms used for living purposes or where boarders
  or  lodgers are kept or where meals are served or where persons sleep or
  in connection with a building or premises where intoxicating liquors are
  sold to be consumed on the premises, excepting cafes and restaurants  in
  office buildings. No license shall be granted to a person to conduct the
  business of an employment agency where the name of the employment agency
  directly   or   indirectly   expresses   or   connotes  any  limitation,
  specification or discrimination as to  race,  creed,  color,  age,  sex,
  national origin, disability or marital status, and the lack of intent on
  the  part  of the applicant for the license to make any such limitation,
  specification or discrimination shall be  immaterial,  except  that  any
  presently  licensed  employment  agency bearing a name which directly or
  indirectly  expresses  or connotes any such limitation, specification or
  discrimination may continue to use its present name  and  may  have  its
  license  renewed  using its present name, provided that it display under
  such name, wherever it appears, a  statement  to  the  effect  that  its
  services    are    rendered   without   limitation,   specification   or
  discrimination as to race, creed,  color,  age,  sex,  national  origin,
  disability or marital status.