N.Y.
Executive Law Section 534-G
Stevedores
1.
No person shall act as a stevedore within the port of New York district in this state without having first obtained a license from the commission or previously, from the bi-state commission, and no person shall employ a stevedore to perform services as such within the port of New York district in this state unless the stevedore is so licensed.2.
Any person intending to act as a stevedore within the port of New York district in this state shall file in the office of the commission a written application for a license to engage in such occupation, duly signed and verified as follows:(a)
If the applicant is a natural person, the application shall be signed and verified by such person and if the applicant is a partnership, the application shall be signed and verified by each natural person composing or intending to compose such partnership. The application shall state the full name, age, residence, business address, if any, present and previous occupations of each natural person so signing the same, and any other facts and evidence as may be required by the commission to ascertain the character, integrity and identity of each natural person so signing such application.(b)
If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, the names and addresses of, and the amount of the stock held by stockholders owning five percent or more of any of the stock thereof, and of all officers, including all members of the board of directors. The requirements of paragraph (a) of this subdivision as to a natural person who is a member of a partnership, and such requirements as may be specified in rules and regulations promulgated by the commission, shall apply to each such officer or stockholder and their successors in office or interest.(c)
In the event of the death, resignation or removal of any officer, and in the event of any change in the list of stockholders who shall own five percent or more of the stock of the corporation, the secretary of such corporation shall forthwith give notice of that fact in writing to the commission certified by said secretary.3.
No such license shall be granted:(a)
If any person whose signature or name appears in the application is not the real party in interest required by subdivision two of this section to sign or to be identified in the application or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest;(b)
Unless the commission shall be satisfied that the applicant and all members, officers and stockholders required by subdivision two of this section to sign or be identified in the application for license possess good character and integrity;(c)
Unless the applicant is either a natural person, partnership or corporation;(d)
Unless the applicant shall be a party to a contract then in force or which will take effect upon the issuance of a license, with a carrier of freight by water for the loading and unloading by the applicant of one or more vessels of such carrier at a pier within the port of New York district in this state;(e)
If the applicant or any member, officer or stockholder required by subdivision two of this section to sign or be identified in the application for license has, without subsequent pardon, been convicted by a court of the United States or any state or territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any crime punishable by death or imprisonment for a term exceeding one year or any of the misdemeanors or offenses described in paragraph (b) of subdivision three of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article. Any applicant ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that the person whose conviction was the basis of ineligibility has for a period of not less than five years, measured as hereinafter provided and up to the time of application, so acted in a manner as to warrant the grant of such license, in which event the commission may, in its discretion issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of the person’s unrevoked release from custody by parole, commutation or termination of the person’s sentence;(f)
If the applicant has paid, given, caused to have been paid or given or offered to pay or give to any officer or employee of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or to induce such person to procure the employment of the applicant by such carrier for the performance of stevedoring services;(g)
If the applicant has paid, given, caused to be paid or given or offered to pay or give to any officer or representative of a labor organization any valuable consideration for an improper or unlawful purpose or to induce such officer or representative to subordinate the interests of such labor organization or its members in the management of the affairs of such labor organization to the interests of the applicant.(h)
If the applicant has paid, given, caused to have been paid or given or offered to pay or give to any agent of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or, without the knowledge and consent of such carrier, to induce such agent to procure the employment of the applicant by such carrier or its agent for the performance of stevedoring services.4.
When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed in this section, the commission shall issue and deliver a license to such applicant. The commission may issue a temporary permit to any applicant for a license under the provisions of this section pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of six months.5.
A stevedore’s license granted pursuant to this section shall be for a term of five years or fraction of such five year period, and shall expire on the first day of December. In the event of the death of the licensee, if a natural person, or its termination or dissolution by reason of a death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type required by paragraph (d) of subdivision three of this section, the license shall terminate ninety days after such event or upon its expiration date, whichever shall be sooner. A license may be renewed by the commission for successive five year periods upon fulfilling the same requirements as are set forth in this section for an original application for a stevedore’s license.6.
Any license issued pursuant to this section may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses on the part of the licensee or of any person required by subdivision two of this section to sign or be identified in an original application for a license:(a)
Conviction of a crime or other cause which would permit or require disqualification of the licensee from receiving a license upon original application;(b)
Fraud, deceit or misrepresentation in securing the license or in the conduct of the licensed activity;(c)
Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee’s receipts and disbursements arising out of the licensee’s activities within the port of New York district in this state;(d)
Failure to keep said books and records available during business hours for inspection by the commission and its duly designated representatives until the expiration of the fifth calendar year following the calendar year during which occurred the transactions recorded therein;(e)
Any other offense described in paragraphs (c), (d), (e), (f), (g), (h) and (i) of subdivision seven of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article.
Source:
Section 534-G — Stevedores, https://www.nysenate.gov/legislation/laws/EXC/534-G (updated Jul. 5, 2024; accessed Oct. 26, 2024).
