N.Y. General Business Law § 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. The commissioner shall make all forms required pursuant

to this article available to employment agencies in languages other than

English, including any other language that the commissioner determines,

in his or her discretion, based on the size of the New York population

that speaks each language and any other factor that the commissioner

deems relevant. An employment agency shall not be penalized for errors

or omissions in the non-English portions of any forms provided by the

commissioner.

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.