N.Y. General Business Law 412 – Penalties
§ 412. Penalties. 1. The practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology without a license or while under suspension or revocation, or in violation of an order directing the cessation of unlicensed activity issued by the secretary pursuant to section four hundred ten or four hundred eleven of this article, is a violation and is subject to a civil penalty of up to five hundred dollars for the first violation; one thousand dollars for a second such violation; and two thousand five hundred dollars for a third violation and any subsequent violation.
Terms Used In N.Y. General Business Law 412
- Appearance enhancement business: means the business of providing any or all of the services licensed pursuant to this article at a fixed location. See N.Y. General Business Law 400
- Conviction: A judgement of guilt against a criminal defendant.
- cosmetology: means providing the services described in subdivisions four, five and six of this section, providing service to the hair, head, face, neck or scalp of a human being, including but not limited to shaving, trimming, and cutting the hair or beard either by hand or mechanical appliances and the application of antiseptics, powders, oil, clays, lotions or applying tonics to the hair, head, or scalp, and in addition includes providing, for a fee or any consideration or exchange, whether direct or indirect, services for the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair of a human being. See N.Y. General Business Law 400
- Department: means the department of state. See N.Y. General Business Law 400
- esthetics: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology. See N.Y. General Business Law 400
- nail specialty: means providing services for a fee or any consideration or exchange to cut, shape or to enhance the appearance of the nails of the hands or feet. See N.Y. General Business Law 400
- natural hair styling: means providing for a fee, or any consideration or exchange, whether direct or indirect, any of the following services to the hair of a human being: shampooing, arranging, dressing, twisting, wrapping, weaving, extending, locking or braiding the hair or beard by either hand or mechanical appliances. See N.Y. General Business Law 400
- Secretary: means the secretary of state. See N.Y. General Business Law 400
- waxing: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, or shoulders of a human being by the removal of hair by the use of depilatories, waxes or tweezing but shall not include the practice of electrology. See N.Y. General Business Law 400
2. The following violations shall be deemed separate offenses and be deemed a misdemeanor, and upon conviction, shall be punishable by imprisonment for not more than six months, or by a fine of up to two thousand five hundred dollars or by both such fine and imprisonment:
(a) the operation of an appearance enhancement business without a license or when such license has been suspended or revoked; or
(b) the operation of an appearance enhancement business in violation of an order directing the cessation of unlicensed activity issued by the secretary pursuant to section four hundred ten of this article.
3. The operation of an appearance enhancement business without a (a) bond or (b) liability insurance or liability coverage which is covered through a bond shall be punishable by a civil penalty of up to two thousand five hundred dollars. The enforcement of this provision shall require the department of financial services to certify in writing to the secretary that any bonds or liability insurance that is required by the department is readily available to appearance enhancement businesses from the market place.