Section 439. Licenses; display; renewal; duplicates  


Latest version.
  • 1.  All  licenses, except temporary licenses, shall be for a period of
      two 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  two
      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.