§ 534-G — Stevedores

New York § 534-G

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-I: Waterfront Commission Act

Text

§ 534-g. Stevedores. 1. No person shall act as a stevedore within the\nport of New York district in this state without having first obtained a\nlicense from the commission or previously, from the bi-state commission,\nand no person shall employ a stevedore to perform services as such\nwithin the port of New York district in this state unless the stevedore\nis so licensed.\n 2. Any person intending to act as a stevedore within the port of New\nYork district in this state shall file in the office of the commission a\nwritten application for a license to engage in such occupation, duly\nsigned and verified as follows:\n (a) If the applicant is a natural person, the application shall be\nsigned and verified by such person and if the applicant is a\npartnership, the application shall be signed and verified by each\nnatural person composing or intending to compose such partnership. The\napplication shall state the full name, age, residence, business address,\nif any, present and previous occupations of each natural person so\nsigning the same, and any other facts and evidence as may be required by\nthe commission to ascertain the character, integrity and identity of\neach natural person so signing such application.\n (b) If the applicant is a corporation, the application shall be signed\nand verified by the president, secretary and treasurer thereof, and\nshall specify the name of the corporation, the date and place of its\nincorporation, the location of its principal place of business, the\nnames and addresses of, and the amount of the stock held by stockholders\nowning five percent or more of any of the stock thereof, and of all\nofficers, including all members of the board of directors. The\nrequirements of paragraph (a) of this subdivision as to a natural person\nwho is a member of a partnership, and such requirements as may be\nspecified in rules and regulations promulgated by the commission, shall\napply to each such officer or stockholder and their successors in office\nor interest.\n (c) In the event of the death, resignation or removal of any officer,\nand in the event of any change in the list of stockholders who shall own\nfive percent or more of the stock of the corporation, the secretary of\nsuch corporation shall forthwith give notice of that fact in writing to\nthe commission certified by said secretary.\n 3. No such license shall be granted:\n (a) If any person whose signature or name appears in the application\nis not the real party in interest required by subdivision two of this\nsection to sign or to be identified in the application or if the person\nso signing or named in the application is an undisclosed agent or\ntrustee for any such real party in interest;\n (b) Unless the commission shall be satisfied that the applicant and\nall members, officers and stockholders required by subdivision two of\nthis section to sign or be identified in the application for license\npossess good character and integrity;\n (c) Unless the applicant is either a natural person, partnership or\ncorporation;\n (d) Unless the applicant shall be a party to a contract then in force\nor which will take effect upon the issuance of a license, with a carrier\nof freight by water for the loading and unloading by the applicant of\none or more vessels of such carrier at a pier within the port of New\nYork district in this state;\n (e) If the applicant or any member, officer or stockholder required by\nsubdivision two of this section to sign or be identified in the\napplication for license has, without subsequent pardon, been convicted\nby a court of the United States or any state or territory thereof of the\ncommission of, or the attempt or conspiracy to commit, treason, murder,\nmanslaughter or any crime punishable by death or imprisonment for a term\nexceeding one year or any of the misdemeanors or offenses described in\nparagraph (b) of subdivision three of section five hundred thirty-four-f\nof this article. Any applicant ineligible for a license by reason of any\nsuch conviction may submit satisfactory evidence to the commission that\nthe person whose conviction was the basis of ineligibility has for a\nperiod of not less than five years, measured as hereinafter provided and\nup to the time of application, so acted in a manner as to warrant the\ngrant of such license, in which event the commission may, in its\ndiscretion issue an order removing such ineligibility. The aforesaid\nperiod of five years shall be measured either from the date of payment\nof any fine imposed upon such person or the suspension of sentence or\nfrom the date of the person's unrevoked release from custody by parole,\ncommutation or termination of the person's sentence;\n (f) If the applicant has paid, given, caused to have been paid or\ngiven or offered to pay or give to any officer or employee of any\ncarrier of freight by water any valuable consideration for an improper\nor unlawful purpose or to induce such person to procure the employment\nof the applicant by such carrier for the performance of stevedoring\nservices;\n (g) If the applicant has paid, given, caused to be paid or given or\noffered to pay or give to any officer or representative of a labor\norganization any valuable consideration for an improper or unlawful\npurpose or to induce such officer or representative to subordinate the\ninterests of such labor organization or its members in the management of\nthe affairs of such labor organization to the interests of the\napplicant.\n (h) If the applicant has paid, given, caused to have been paid or\ngiven or offered to pay or give to any agent of any carrier of freight\nby water any valuable consideration for an improper or unlawful purpose\nor, without the knowledge and consent of such carrier, to induce such\nagent to procure the employment of the applicant by such carrier or its\nagent for the performance of stevedoring services.\n 4. When the application shall have been examined and such further\ninquiry and investigation made as the commission shall deem proper and\nwhen the commission shall be satisfied therefrom that the applicant\npossesses the qualifications and requirements prescribed in this\nsection, the commission shall issue and deliver a license to such\napplicant. The commission may issue a temporary permit to any applicant\nfor a license under the provisions of this section pending final action\non an application made for such a license. Any such permit shall be\nvalid for a period not in excess of six months.\n 5. A stevedore's license granted pursuant to this section shall be for\na term of five years or fraction of such five year period, and shall\nexpire on the first day of December. In the event of the death of the\nlicensee, if a natural person, or its termination or dissolution by\nreason of a death of a partner, if a partnership, or if the licensee\nshall cease to be a party to any contract of the type required by\nparagraph (d) of subdivision three of this section, the license shall\nterminate ninety days after such event or upon its expiration date,\nwhichever shall be sooner. A license may be renewed by the commission\nfor successive five year periods upon fulfilling the same requirements\nas are set forth in this section for an original application for a\nstevedore's license.\n 6. Any license issued pursuant to this section may be revoked or\nsuspended for such period as the commission deems in the public interest\nor the licensee thereunder may be reprimanded for any of the following\noffenses on the part of the licensee or of any person required by\nsubdivision two of this section to sign or be identified in an original\napplication for a license:\n (a) Conviction of a crime or other cause which would permit or require\ndisqualification of the licensee from receiving a license upon original\napplication;\n (b) Fraud, deceit or misrepresentation in securing the license or in\nthe conduct of the licensed activity;\n (c) Failure by the licensee to maintain a complete set of books and\nrecords containing a true and accurate account of the licensee's\nreceipts and disbursements arising out of the licensee's activities\nwithin the port of New York district in this state;\n (d) Failure to keep said books and records available during business\nhours for inspection by the commission and its duly designated\nrepresentatives until the expiration of the fifth calendar year\nfollowing the calendar year during which occurred the transactions\nrecorded therein;\n (e) Any other offense described in paragraphs (c), (d), (e), (f), (g),\n(h) and (i) of subdivision seven of section five hundred thirty-four-f\nof this article.\n