N.Y. General Business Law 439 – Licenses; display; renewal; duplicates
§ 439. Licenses; display; renewal; duplicates.
Terms Used In N.Y. General Business Law 439
- Apprentice: means a person pursuing in good faith a course of study in the practice of barbering under the tutelage, supervision and direction of a licensee and who assists such licensee in such practice. See N.Y. General Business Law 431
- Barber: means a person who engages in the practice of barbering. See N.Y. General Business Law 431
- Barber shop: means any store, establishment, place or premises or part thereof where the practice of barbering is engaged in. See N.Y. General Business Law 431
- barbering: means and includes the performance of the following practices upon the head of a human being for any purpose whatsoever except for the treatment of disease or of physical or mental ailments:
(a) Shaving or trimming the beard or cutting the hair of humans;
(b) Giving facial or scalp massage with oils, creams, lotions or other preparations, either by hand or mechanical appliances;
(c) Singeing, shampooing, arranging, dressing or dyeing the hair or applying hair tonic;
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face or neck. See N.Y. General Business Law 431 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Department: means the department of state. See N.Y. General Business Law 431
- Executor: A male person named in a will to carry out the decedent
- Licensee: means a person permitted to engage in the practice of barbering pursuant to this article. See N.Y. General Business Law 431
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, firm, company, partnership or corporation. See N.Y. General Business Law 431
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Satisfactory: means satisfactory to the secretary of state. See N.Y. General Business Law 431
1. All licenses, except temporary licenses, shall be for a period of four years.
2. No license or certificate shall be assignable or transferable except as hereinafter provided.
2-a. A license to conduct a barber shop issued to an individual may be assigned or transferred for the remainder of the licensed period to a partnership or corporation if such individual is a member of such partnership or an officer of such corporation at the time of such assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one member of such partnership, provided he obtains the consent of all of the other members of such partnership, or to a new partnership of which one or more members of the licensed partnership were members. A license issued to a corporation may be assigned or transferred for the remainder of the licensed period to any one individual officer of the corporation provided he obtains the consent of all of the other officers of such corporation. The application for such transfer or assignment must be accompanied by proof satisfactory to the department that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement of the transfer or assignment has been made on the face of the license by the department and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee. A bona fide purchaser of a barber shop from the holder of a license thereof may continue to use the license of the seller for a period of thirty days from the date of the sale, provided there is endorsed on the face thereof the name of the purchaser, the date of the sale, and the signature of the seller and the purchaser; and provided further within five days from the date of the sale an application, in accordance with the provisions of this article, shall be presented by the purchaser to the secretary of state for a license to conduct a barber shop.
2-b. A license to conduct a barber shop issued to an individual or to a partnership may be used after the death of the licensed individual or co-partner by his next of kin or duly appointed administrator or executor in the name of the estate for a period of not more than one hundred twenty days from the date of death of such individual or co-partner, provided that there is endorsed upon the face of the license after the name of the decedent the word "deceased", the date of death and the name of the next of kin, administrator or executor under whose authority the license is being used; the period of one hundred twenty days aforesaid may be extended upon application to the secretary of state and for good cause shown for an additional period not to exceed one hundred twenty days. Any license so continued which shall expire during such period of one hundred twenty days or the extension thereof may be renewed by the next of kin, administrator or executor for the balance of such period or the extension thereof.
3. Each license or certificate issued pursuant to this article shall be posted and kept posted in some conspicuous place in the barber shop in which the licensee or registrant is engaged in the practice of barbering or as an apprentice.
4. Any license or certificate, except a temporary license, which has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this article, be renewed for additional periods of four years from its expiration, without further examination, upon the filing of any application for such renewal, on a form to be prescribed by the secretary of state, accompanied by the certificate required by paragraph (c) and the certificate of completion required by paragraph (e-1) of subdivision one of section four hundred thirty-four of this article.
5. Any person failing to file application and fee for renewal of a license as a barber within one year immediately following the expiration of his last license shall pay an additional fee of ten dollars, and if he fail to file application and fee for renewal within five years he shall be ineligible for such license until he shall have again passed an examination but he shall not be required to pay such additional fee.
6. A duplicate license or certificate may be issued for one lost, destroyed or mutilated upon application therefor on a form prescribed by the secretary of state and the payment of the fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.