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SECTION 534-G
Stevedores
Executive (EXC) CHAPTER 18, ARTICLE 19-I
§ 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 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 section five hundred thirty-four-f
of this article.