§ 439 — Licenses; display; renewal; duplicates

§ 439. Licenses; display; renewal; duplicates.\n 1. All licenses, except temporary licenses, shall be for a period of\nfour years.\n 2. No license or certificate shall be assignable or transferable\nexcept as hereinafter provided.\n 2-a. A license to conduct a barber shop issued to an individual may be\nassigned or transferred for the remainder of the licensed period to a\npartnership or corporation if such individual is a member of such\npartnership or an officer of such corporation at the time of such\nassignment or transfer. A license issued to a partnership may be\nassigned or transferred for the remainder of the license period to any\none member of such partnership, provided he obtains the consent of all\nof the other members of such partnership, or to a new partnership of\nwhich one or more members of the licensed partnership were members. A\nlicense issued to a corporation may be assigned or transferred for the\nremainder of the licensed period to any one individual officer of the\ncorporation provided he obtains the consent of all of the other officers\nof such corporation. The application for such transfer or assignment\nmust be accompanied by proof satisfactory to the department that the\nrequirements herein provided have been complied with. No assignment or\ntransfer shall become effective unless and until the endorsement of the\ntransfer or assignment has been made on the face of the license by the\ndepartment and such license, so endorsed, has been returned to the\nassignee or transferee. All such endorsements shall be made without\npayment of any fee. A bona fide purchaser of a barber shop from the\nholder of a license thereof 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 signature of the seller and the purchaser; and\nprovided further within five days from the date of the sale an\napplication, in accordance with the provisions of this article, shall be\npresented by the purchaser to the secretary of state for a license to\nconduct a barber shop.\n 2-b. A license to conduct a barber shop issued to an individual or to\na partnership may be used after the death of the licensed individual or\nco-partner by his next of kin or duly appointed administrator or\nexecutor in the name of the estate for a period of not more than one\nhundred twenty days from the date of death of such individual or\nco-partner, provided that there is endorsed upon the face of the license\nafter the name of the decedent the word "deceased", the date of death\nand the name of the next of kin, administrator or executor under whose\nauthority the license is being used; the period of one hundred twenty\ndays aforesaid may be extended upon application to the secretary of\nstate and for good cause shown for an additional period not to exceed\none hundred twenty days. Any license so continued which shall expire\nduring such period of one hundred twenty days or the extension thereof\nmay be renewed by the next of kin, administrator or executor for the\nbalance of such period or the extension thereof.\n 3. Each license or certificate issued pursuant to this article shall\nbe posted and kept posted in some conspicuous place in the barber shop\nin which the licensee or registrant is engaged in the practice of\nbarbering or as an apprentice.\n 4. Any license or certificate, except a temporary license, which has\nnot been suspended or revoked, may, upon the payment of the renewal fee\nprescribed by this article, be renewed for additional periods of four\nyears from its expiration, without further examination, upon the filing\nof any application for such renewal, on a form to be prescribed by the\nsecretary of state, accompanied by the certificate required by paragraph\n(c) and the certificate of completion required by paragraph (e-1) of\nsubdivision one of section four hundred thirty-four of this article.\n 5. Any person failing to file application and fee for renewal of a\nlicense as a barber within one year immediately following the expiration\nof his last license shall pay an additional fee of ten dollars, and if\nhe fail to file application and fee for renewal within five years he\nshall be ineligible for such license until he shall have again passed an\nexamination but he shall not be required to pay such additional fee.\n 6. A duplicate license or certificate may be issued for one lost,\ndestroyed or mutilated upon application therefor on a form prescribed by\nthe secretary of state and the payment of the fee prescribed therefor by\nthis article. Each such duplicate license shall have the word\n"duplicate" stamped across the face thereof and shall bear the same\nnumber as the one it replaces.\n