81 - Employees.

NY Gen Bus L § 81 (2019) (N/A)
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(a) His full name, age and residence address.

(b) That the applicant for employment is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States.

(c) The business or occupation engaged in for the three years immediately preceding the date of the filing of the statement, setting forth the place or places where such business or occupation was engaged in, and the name or names of employers, if any.

(d) That he has not been convicted of a felony or of any offense involving moral turpitude or of any of the misdemeanors or offenses described in subdivision one of this section.

(e) Such further information as the department of state may by rule require to show the good character, competency, and integrity of the person executing the statement. 3. Immediately upon the verification of an employee's statement, the holder of a license certificate by whom such person has been or is to be employed shall cause two sets of fingerprints of the two hands of such person to be recorded in such manner as the department of state may by rule prescribe. The holder of a license certificate shall immediately stamp in indelible ink the employee's statement and each set of fingerprints with the name, year and license certificate number of such holder and a number, which number shall be determined by the number of such statements furnished to such holder and shall be in numerical sequence. 4. The holder of a license certificate shall affix one set of such fingerprints to the employee's statement in such manner that the prints can be examined without disclosing the contents of the employee's statement and shall retain such statement and prints so long as he shall be licensed under this article by the department of state. 5. The holder of a license certificate shall file the other set of fingerprints with the department of state by forwarding the same by registered mail to the office of the secretary of state, Albany, New York, within twenty-four hours of such employment. 6. Within five days after the filing of such fingerprints the secretary of state shall cause such fingerprints to be compared with fingerprints filed with the division of criminal justice services and, if he finds any record of any conviction as defined in the criminal procedure law of a felony or any other offense specified in subdivision one of this section, he shall immediately notify the holder of such license certificate and shall also refer the matter to the attorney-general. The secretary of state may also submit fingerprints to the federal bureau of investigation for a national criminal history record check and may, from time to time, cause such fingerprints to be checked against the fingerprints filed with the division of criminal justice services or of other official fingerprint files within or without this state, and if he finds that such person has been convicted of a felony or any other offense specified in subdivision one of this section he shall immediately notify the holder of such license certificate and shall also refer the matter to the attorney-general. The secretary of state shall at all times be given access to and may from time to time examine the fingerprints retained by the holder of a license certificate as provided in subdivision four of this section. 7. If any holder of a certificate shall file with the department of state the fingerprints of a person other than the person so employed, he shall be subject to a fine not exceeding five thousand dollars ($5,000) or to imprisonment not exceeding one year, or both. 8. The provisions of this section shall not be applicable to security guards or the employment of security guards by licensees.