NY Gen Bus L § 173 (2021)
2021 New York Laws GBS - General Business Article 11 - 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. 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.