TRANSFER OF LICENSE

S 176. Assignment or transfer of license; change of location; additional locations.
A license granted as provided in this article shall not be valid for any person other than the person to whom it is issued or any place other than that designated in the license and shall not be assigned or transferred without the consent of the commissioner. Applications for such consent shall be made in the same manner as an application for a license, and all the provisions of sections one hundred seventy-three and one hundred seventy-four shall apply to applications for such consent. The location of an employment agency shall not be changed without the consent of the commissioner, and such
change of location shall be indorsed upon the license. A person who has
obtained an employment agency license in accordance with the provisions
of this article, may apply for an additional license to conduct an
additional employment agency, in accordance with the provisions of
section one hundred seventy-three. The manner of application, and the
conditions and terms applicable to the issuance of such license shall be
the same as for an initial or original license except that the said
license shall not extend beyond the termination date of the original
license. An additional bond shall be furnished to the commissioner
issuing the additional license, and the terms of said bond shall be such
as to make it payable as well to the people of the state of New York or
of the city of New York, as the case may be.
Application for License

S 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.
S 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 counselor 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 therefore;
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.
Department of Consumer Affairs
Title 6, Subchapter M
Employment Agencies
5-242 Applications for License – Corporation.
(a) A corporate applicant for a license shall list on the original application, or a renewal application, the names and addresses of all its officers and all stockholders holding ten percent (10%) or more of the stock of said corporation. A true and certified copy of the minutes electing such officers shall be attached to the application.
(b) The licensee shall notify the Department of Consumer Affairs within thirty (30) days in writing of any change of its officers or principal stockholders. In the event of a change of officers a true and certified copy of the minutes shall be attached to such notification.