§ 408 — Licenses; display; renewal; duplicates

New York § 408

• Jurisdiction: New York
• Law GBS: General Business
• Art. 27: Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology

Text

§ 408. Licenses; display; renewal; duplicates. 1. All licenses shall\nexpire four years from the date of issuance.\n 2. No license shall be assignable or transferrable except pursuant to\nthe provisions of this article.\n 3. An appearance enhancement business license may be assigned. When\nthe appearance enhancement business licensee is a partnership or a\nlimited liability company, or a corporation, the license may be assigned\nupon the consent of all members of a partnership or a majority of the\nvoting members of a limited liability company or the majority\nshareholders of a corporation, respectively. The application for such\ntransfer or assignment must be accompanied by proof satisfactory to the\ndepartment that the requirements herein provided have been complied\nwith. No assignment or transfer shall become effective unless and until\nthe endorsement has been made on the face of the license by the\ndepartment and such license, as endorsed, has been returned to the\nassignee or transferee. All such requests for endorsements shall be\naccompanied by a five dollar fee. A bona fide purchaser of a licensed\nappearance enhancement business may continue to use the license of the\nseller for a period of thirty days from the date of the sale, provided\nthere is endorsed on the face thereof the name of the purchaser, the\ndate of the sale, and the signatures of the seller and the purchaser;\nand provided further within five working days from the date of the sale\nan application, in accordance with the provisions of this article, shall\nbe presented by the purchaser to the secretary for an appearance\nenhancement business license.\n 4. An appearance enhancement business license issued to an individual\nor to a partnership may be used after the death of the licensed\nindividual or co-partner by the next of kin or duly appointed\nadministrator or executor in the name of the estate for a period of not\nmore than one hundred twenty days from the date of death of such\nindividual or co-partner provided that there is endorsed upon the face\nof the license certificate after the name of the decedent the word\n"deceased", the date of death and the name of the next of kin,\nadministrator or executor under whose authority the license is being\nused; the period of one hundred twenty days aforesaid may be extended\nupon application to the secretary of state and for good cause shown for\nan additional period not to exceed one hundred twenty days. Any license\nso continued which shall expire during such period of one hundred twenty\ndays or the extension thereof may be renewed by the next of kin,\nadministrator or executor for the balance of such period or the\nextension thereof.\n 5. A license certificate issued pursuant to this article shall be\nposted in some conspicuous place in the licensed premises or in the\nplace where the practice of an occupation licensed pursuant to this\narticle is conducted. At the entrance to each licensed premises or at\nthe entrance to any place where the practice of an occupation licensed\npursuant to this article is conducted, a sign shall be posted which\nshall include the rules and regulations governing such practice and a\nmanner in which aggrieved persons may register a complaint with the\ndepartment. The department shall prepare and furnish such sign to each\nlicensee.\n 6. Any license, which has not been suspended or revoked, may, upon the\npayment of the renewal fee, be renewed for additional periods of four\nyears from its application, without further examination, upon the filing\nof an application for such renewal, on a form to be prescribed by the\nsecretary. When an applicant seeks to renew their license, the\ndepartment shall notify applicants of voluntary domestic violence and\nsexual assault awareness education courses that can be accessed through\nthe department's website.\n 7. Any person failing to file for renewal of a license pursuant to the\nprovisions of this article within one year immediately following the\nexpiration of such person's last license shall pay an additional fee of\nten dollars, and if such person fails to file application and fee for\nrenewal within five years, such person shall be ineligible for such\nlicense until such person shall have again passed an examination.\n 8. A duplicate license certificate may be issued for one lost,\ndestroyed or mutilated upon the application therefor on a form\nprescribed by the secretary and the payment of the fee prescribed\ntherefor by this article. Each such duplicate license shall have the\nword "duplicate" stamped across the face thereof and shall bear the same\nnumber as the one it replaces.\n 9. Notice in writing shall be given the secretary at the office of the\nsecretary in Albany by the holder of an appearance enhancement business\nlicense of any change of address. The licensee shall correct the address\non the license upon the filing of such notice.\n 10. Any licensee who fails to file any notice of change in the status\nof a license required by the provisions of this article shall be subject\nto the monetary fines set forth in section four hundred ten of this\narticle.\n 11. Such license certificate shall contain a photograph of the\nlicensee and the licensee's name. Nowhere on the license shall be the\naddress of the licensee.\n