Section 438. Barber shop owners' license; requirements

1. On and after
  October first, nineteen hundred  forty-seven  no  person  shall  own  or
  operate  a  barber  shop  unless  a barber shop owners' license is first
  obtained from the secretary of state  for  each  barber  shop  owned  or
  operated.
    2.  The  establishment of itinerant shops is hereby prohibited and the
  maintenance of a bona fide establishment with a permanent  and  definite
  location  shall  be  a  prerequisite  for  the issuance of a barber shop
  owner's license.
    2-a. The holder of a certificate  of  registration  as  an  apprentice
  shall not be entitled to a barber shop owner's license.
    3.  An applicant for a barber shop owner's license must establish that
  he or she is the real owner and possesses title to or is entitled to the
  possession of the shop. He or she must furnish satisfactory evidence  of
  proper  location  of  the shop, proper layout and adequate equipment for
  the shop, sanitary conditions in the shop  and  its  surroundings.  Such
  applicant   must  also  furnish  satisfactory  evidence  of  good  moral
  character,  except  that  in  determining  an  applicant's  good   moral
  character,  the secretary of state shall not automatically disqualify an
  applicant on the basis of a criminal  conviction.  The  secretary  shall
  review  such  criminal  history  information  in accordance with article
  twenty-three-A of the correction law.
    4. A license issued under this section must at all  times  during  the
  term thereof be displayed in the barber shop for which issued.
    5.  Notice  in  writing  shall  be given the secretary of state at his
  office in Albany by the holder of a barber shop owner's license  of  any
  change  in  address  of  the  barber  shop  together  with the return of
  license, whereupon a properly signed endorsement will  be  made  on  the
  face  of  the license as to such change and the license then returned to
  the licensee.  A change of address by a licensee without such notice and
  endorsement of license shall operate to cancel the license.