Section 408. Licenses; display; renewal; duplicates  


Latest version.
  • 1. All licenses shall
      expire two years from the date of issuance.
        2. No license shall be assignable or transferrable except pursuant  to
      the provisions of this article.
        3.  An  appearance  enhancement business license may be assigned. When
      the appearance enhancement business  licensee  is  a  partnership  or  a
      limited liability company, or a corporation, the license may be assigned
      upon  the  consent  of all members of a partnership or a majority of the
      voting  members  of  a  limited  liability  company  or   the   majority
      shareholders  of  a  corporation, respectively. 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  has  been  made  on  the  face  of  the license by the
      department and such license, as  endorsed,  has  been  returned  to  the
      assignee  or  transferee.  All  such  requests for endorsements shall be
      accompanied by a five dollar fee. A bona fide purchaser  of  a  licensed
      appearance  enhancement  business 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 signatures of the seller  and  the  purchaser;
      and  provided further within five working 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  for  an  appearance
      enhancement business license.
        4.  An appearance enhancement business license issued to an individual
      or to a partnership  may  be  used  after  the  death  of  the  licensed
      individual   or  co-partner  by  the  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  certificate  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.
        5.  A  license  certificate  issued  pursuant to this article shall be
      posted in some conspicuous place in the  licensed  premises  or  in  the
      place  where  the  practice  of  an occupation licensed pursuant to this
      article is conducted.  At the entrance to each licensed premises  or  at
      the  entrance  to any place where the practice of an occupation licensed
      pursuant to this article is conducted, a  sign  shall  be  posted  which
      shall  include  the  rules and regulations governing such practice and a
      manner in which aggrieved persons may  register  a  complaint  with  the
      department.  The  department shall prepare and furnish such sign to each
      licensee.
        6. Any license, which has not been suspended or revoked, may, upon the
      payment of the renewal fee, be renewed for  additional  periods  of  two
      years from its application, without further examination, upon the filing
      of  an  application  for such renewal, on a form to be prescribed by the
      secretary.
        7. Any person failing to file for renewal of a license pursuant to the
      provisions of this article within one  year  immediately  following  the
    
      expiration  of such person's last license shall pay an additional fee of
      ten dollars, and if such person fails to file application  and  fee  for
      renewal  within  five  years,  such  person shall be ineligible for such
      license until such person shall have again passed an examination.
        8.  A  duplicate  license  certificate  may  be  issued  for one lost,
      destroyed  or  mutilated  upon  the  application  therefor  on  a   form
      prescribed  by  the  secretary  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.
        9. Notice in writing shall be given the secretary at the office of the
      secretary  in Albany by the holder of an appearance enhancement business
      license of any change of address. The licensee shall correct the address
      on the license upon the filing of such notice.
        10. Any licensee who fails to file any notice of change in the  status
      of a license required by the provisions of this article shall be subject
      to  the  monetary  fines  set  forth in section four hundred ten of this
      article.
        11. Such  license  certificate  shall  contain  a  photograph  of  the
      licensee  and  the  licensee's name. Nowhere on the license shall be the
      address of the licensee.