N.Y. Executive Law § 534-g: Stevedores

§ 534-g. Stevedores. 1. No person shall act as a stevedore within the

port of New York district in this state without having first obtained a

license from the commission or previously, from the bi-state commission,

and no person shall employ a stevedore to perform services as such

within the port of New York district in this state unless the stevedore

is so licensed.

2. Any person intending to act as a stevedore within the port of New

York district in this state shall file in the office of the commission a

written application for a license to engage in such occupation, duly

signed and verified as follows:

(a) If the applicant is a natural person, the application shall be

signed and verified by such person and if the applicant is a

partnership, the application shall be signed and verified by each

natural person composing or intending to compose such partnership. The

application shall state the full name, age, residence, business address,

if any, present and previous occupations of each natural person so

signing the same, and any other facts and evidence as may be required by

the commission to ascertain the character, integrity and identity of

each natural person so signing such application.

(b) If the applicant is a corporation, the application shall be signed

and verified by the president, secretary and treasurer thereof, and

shall specify the name of the corporation, the date and place of its

incorporation, the location of its principal place of business, the

names and addresses of, and the amount of the stock held by stockholders

owning five percent or more of any of the stock thereof, and of all

officers, including all members of the board of directors. The

requirements of paragraph (a) of this subdivision as to a natural person

who is a member of a partnership, and such requirements as may be

specified in rules and regulations promulgated by the commission, shall

apply to each such officer or stockholder and their successors in office

or interest.

(c) In the event of the death, resignation or removal of any officer,

and in the event of any change in the list of stockholders who shall own

five percent or more of the stock of the corporation, the secretary of

such corporation shall forthwith give notice of that fact in writing to

the commission certified by said secretary.

3. No such license shall be granted:

(a) If any person whose signature or name appears in the application

is not the real party in interest required by subdivision two of this

section to sign or to be identified in the application or if the person

so signing or named in the application is an undisclosed agent or

trustee for any such real party in interest;

(b) Unless the commission shall be satisfied that the applicant and

all members, officers and stockholders required by subdivision two of

this section to sign or be identified in the application for license

possess good character and integrity;

(c) Unless the applicant is either a natural person, partnership or

corporation;

(d) Unless the applicant shall be a party to a contract then in force

or which will take effect upon the issuance of a license, with a carrier

of freight by water for the loading and unloading by the applicant of

one or more vessels of such carrier at a pier within the port of New

York district in this state;

(e) If the applicant or any member, officer or stockholder required by

subdivision two of this section to sign or be identified in the

application for license has, without subsequent pardon, been convicted

by a court of the United States or any state or territory thereof of the

commission of, or the attempt or conspiracy to commit, treason, murder,

manslaughter or any crime punishable by death or imprisonment for a term

exceeding one year or any of the misdemeanors or offenses described in

paragraph (b) of subdivision three of section five hundred thirty-four-f

of this article. Any applicant ineligible for a license by reason of any

such conviction may submit satisfactory evidence to the commission that

the person whose conviction was the basis of ineligibility has for a

period of not less than five years, measured as hereinafter provided and

up to the time of application, so acted in a manner as to warrant the

grant of such license, in which event the commission may, in its

discretion issue an order removing such ineligibility. The aforesaid

period of five years shall be measured either from the date of payment

of any fine imposed upon such person or the suspension of sentence or

from the date of the person's unrevoked release from custody by parole,

commutation or termination of the person's sentence;

(f) If the applicant has paid, given, caused to have been paid or

given or offered to pay or give to any officer or employee of any

carrier of freight by water any valuable consideration for an improper

or unlawful purpose or to induce such person to procure the employment

of the applicant by such carrier for the performance of stevedoring

services;

(g) If the applicant has paid, given, caused to be paid or given or

offered to pay or give to any officer or representative of a labor

organization any valuable consideration for an improper or unlawful

purpose or to induce such officer or representative to subordinate the

interests of such labor organization or its members in the management of

the affairs of such labor organization to the interests of the

applicant.

(h) If the applicant has paid, given, caused to have been paid or

given or offered to pay or give to any agent of any carrier of freight

by water any valuable consideration for an improper or unlawful purpose

or, without the knowledge and consent of such carrier, to induce such

agent to procure the employment of the applicant by such carrier or its

agent for the performance of stevedoring services.

4. When the application shall have been examined and such further

inquiry and investigation made as the commission shall deem proper and

when the commission shall be satisfied therefrom that the applicant

possesses the qualifications and requirements prescribed in this

section, the commission shall issue and deliver a license to such

applicant. The commission may issue a temporary permit to any applicant

for a license under the provisions of this section pending final action

on an application made for such a license. Any such permit shall be

valid for a period not in excess of six months.

5. A stevedore's license granted pursuant to this section shall be for

a term of five years or fraction of such five year period, and shall

expire on the first day of December. In the event of the death of the

licensee, if a natural person, or its termination or dissolution by

reason of a death of a partner, if a partnership, or if the licensee

shall cease to be a party to any contract of the type required by

paragraph (d) of subdivision three of this section, the license shall

terminate ninety days after such event or upon its expiration date,

whichever shall be sooner. A license may be renewed by the commission

for successive five year periods upon fulfilling the same requirements

as are set forth in this section for an original application for a

stevedore's license.

6. Any license issued pursuant to this section may be revoked or

suspended for such period as the commission deems in the public interest

or the licensee thereunder may be reprimanded for any of the following

offenses on the part of the licensee or of any person required by

subdivision two of this section to sign or be identified in an original

application for a license:

(a) Conviction of a crime or other cause which would permit or require

disqualification of the licensee from receiving a license upon original

application;

(b) Fraud, deceit or misrepresentation in securing the license or in

the conduct of the licensed activity;

(c) Failure by the licensee to maintain a complete set of books and

records containing a true and accurate account of the licensee's

receipts and disbursements arising out of the licensee's activities

within the port of New York district in this state;

(d) Failure to keep said books and records available during business

hours for inspection by the commission and its duly designated

representatives until the expiration of the fifth calendar year

following the calendar year during which occurred the transactions

recorded therein;

(e) Any other offense described in paragraphs (c), (d), (e), (f), (g),

(h) and (i) of subdivision seven of section five hundred thirty-four-f

of this article.