2013 New York Consolidated Laws
GBS - General Business
Article 11 - (170 - 194) EMPLOYMENT AGENCIES.
173 - Application for license.

 
    §  173.  Application  for  license. 1. An application for such license
  shall be  made  to  the  commissioner  of  labor,  except  that  if  the
  employment  agency  is  to  be  conducted  in  the  city of New York the
  application for such license  shall  be  made  to  the  commissioner  of
  consumer  affairs  of such city. If the employment agency is owned by an
  individual such application shall be made by such individual; if  it  is
  owned  by  a partnership such application shall be made by all partners;
  if it is owned by an association or society, such application  shall  be
  made   by  the  president  and  treasurer  thereof,  by  whatever  title
  designated; if it is owned by a corporation, such application  shall  be
  made  by  all  its  officers  and,  if  the  stock of the corporation is
  publicly traded, by all stockholders holding ten percent or more of  the
  stock  of  such  corporation.  A  conformed  or  photostatic copy of the
  minutes showing the election of such officers shall be attached to  such
  application.
    If  the  applicant  will conduct business under a trade name or if the
  applicant is a partnership, the  application  for  a  license  shall  be
  accompanied  by a copy of the trade name or partnership certificate duly
  certified by the clerk of the county in whose office said certificate is
  filed. Such trade name shall not be similar or identical to that of  any
  existing licensed agency.
    2.  a. Such application shall be written and in the form prescribed by
  the commissioner and shall state truthfully the name and address of  the
  applicant;  the  name  under  which  the  employment  agency  is  to  be
  conducted; the street and number of the  building  or  place  where  the
  business  is  to be conducted; the business or occupations engaged in by
  the applicant theretofore; the name and address of  the  individual  who
  will  be  responsible  for  the direction and operation of the placement
  activities of the agency, whether such individual be  the  applicant  or
  another;  the  length  of  time such individual has spent as a placement
  employee; a description  of  the  duties  of  such  individual  when  so
  engaged;  the  name  and  present address of the last employer to employ
  such individual as a placement employee; and such other  information  as
  may  be  prescribed  by  the commissioner. If such individual is not the
  applicant, the application for a license  shall  be  accompanied  by  an
  application  for  an agency manager permit by the individual who will be
  responsible for the direction and operation of the placement  activities
  of  the  agency. An application for an agency manager permit shall be on
  such form as prescribed by the commissioner.
    b. The application for a license shall be accompanied  by  samples  or
  accurate  facsimiles  of  each  and every form which the applicant for a
  license will require applicants for  employment  to  execute,  and  such
  forms  must  be  approved  by  the  commissioner before a license may be
  issued. The commissioner shall approve any such forms which  fairly  and
  clearly  represent contractual terms and conditions between the proposed
  employment agency and applicants for employment, such as  are  permitted
  by this article.
    c.  If  the  applicant  for  a  license intends to recruit persons who
  reside in a state outside this  state  for  employment  as  domestic  or
  household  employees, or to recruit persons from outside the continental
  United States for domestic or household employment, or is to provide  or
  arrange  for lodging of applicants for employment or other persons doing
  business with the agency, he shall so state in  the  application  for  a
  license,  and give the address where such lodging will be provided. Such
  application shall be accompanied by  the  statements  of  at  least  two
  reputable  residents  of  the  state,  subscribed  and  affirmed by such
  residents as true under the penalties of perjury, except that where  the
  agency  is  to be conducted in New York city, the statements shall be of

  at least two reputable persons who reside or do business in  such  city,
  to the effect that the applicant is a person of good moral character.