§ 177 — Bonds and license fees

§ 177. Bonds and license fees. 1. Every person licensed under the\nprovisions of this article to carry on the business of an employment\nagency shall pay to the commissioner a license fee in accordance with\nthe following schedule before such license is issued. The minimum fee\nfor said license shall be five hundred dollars, and for an agency\noperating with more than four placement employees, seven hundred\ndollars, provided, however, that if the license is to run less than one\nyear, the fee shall be two hundred fifty dollars and three hundred fifty\ndollars respectively, and if the license is to run less than six months,\nthe fee shall be one hundred twenty-five dollars and one hundred\nseventy-five dollars respectively. For the purpose of determining the\nlicense fee which an employment agency shall pay, the applicant for such\nlicense shall state in his application to the commissioner the average\nnumber of placement employees employed by the applicant's employment\nagency during the preceding calendar year; or, in the event that the\napplicant has not previously conducted an employment agency under the\nprovisions of this article, he or she shall state the average number of\nplacement employees which he or she reasonably expects will be employed\nby the employment agency during the calendar year in which the license\nis issued. If the application for a license is denied or withdrawn,\none-half of the license fee provided herein shall be returned to the\napplicant. He or she shall also deposit before such license is issued,\nwith the commissioner, a bond in the penal sum of five thousand dollars\nwith two or more sureties or a duly authorized surety company, to be\napproved by the commissioner, provided, however, that if the applicant\nwill engage in the recruitment of domestic or household employees from\noutside the continental United States, or will conduct a modeling agency\nthe bond shall be in the penal sum of ten thousand dollars.\n 2. The bond executed as provided in subdivision one of this section\nshall be payable to the people of the state of New York or of the city\nof New York, as the case may be, and shall be conditioned that the\nperson applying for the license will comply with this article, and shall\npay all damages occasioned to any person by reason of any misstatement,\nmisrepresentation, fraud or deceit, or any unlawful act or omission of\nany licensed person, his agents or employees, while acting within the\nscope of their employment, made, committed or omitted in the business\nconducted under such license, or caused by any other violation of this\narticle in carrying on the business for which such license is granted.\nThe bond also shall be conditioned that the person applying for the\nlicense shall pay the commissioner all fines imposed pursuant to section\none hundred eighty-nine of this article.\n 3. If at any time the surety or sureties become financially\nirresponsible in the judgment of the commissioner or insolvent the\nlicensed person shall, upon notice from the commissioner, file a new\nbond, subject to the provisions of this section. The failure to file a\nnew bond, within ten days after such notice, in the discretion of the\ncommissioner, shall operate as a revocation of such license and the\nlicense shall be thereupon returned to the commissioner.\n