§ 430. Purpose of article. The need for technical skill, training and experience, good health, good moral character and other fundamental qualities and qualifications in persons engaged in the practice of barbering, as herein defined, having been unquestionably established and demonstrated and in order to safeguard the health of the persons who patronize the barber […]
§ 431. Definitions. As used in this article, unless the context requires otherwise: 1. “Department” means the department of state. 2. “Person” means an individual, firm, company, partnership or corporation. 3. “Barber” means a person who engages in the practice of barbering. 4. “Practice of barbering” or “barbering” means and includes the performance of the […]
§ 432. Practice of barbering; license required; apprentices. No person shall engage for compensation in the practice of barbering and no person shall maintain or operate a barber shop after October first, nineteen hundred forty-seven, or hold himself out as being able so to do after such date unless he is licensed therefor pursuant to […]
§ 433. Powers of the secretary of state. In addition to the powers and duties elsewhere prescribed in this article, the secretary of state shall have power: 1. To appoint an adequate number of assistants, inspectors and other employees as may be necessary to carry out the provisions of this article, to prescribe their duties, […]
§ 434. License after examination; application to take. 1. Any person over the age of seventeen years, desiring a license to engage in the practice of barbering under this article, may make application to the secretary of state therefor. The application shall be subscribed and affirmed by the applicant as true under the penalties of […]
§ 435. License without examination; temporary licenses. 1. Any person over the age of seventeen years who shall present to the secretary of state satisfactory evidence that he has been actually engaged in the practice of barbering in this state for at least one year within the period of three years immediately prior to July […]
§ 436. Sanitary rules. All barber shops shall be maintained and operated in accordance with the provisions of the state sanitary code, except in the city of New York where the city health code shall apply, and all licensees or persons employed or engaged therein or in connection therewith shall comply with the provisions of […]
§ 437. Apprentices. 1. Each applicant for a certificate of registration as an apprentice shall make an application which shall include the physician’s certificate required by paragraph (c) and the certificate of completion required by paragraph (e-1) of subdivision one of section four hundred thirty-four, two recent photographs, and which certificate shall contain such other […]
§ 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 […]
§ 439. Licenses; display; renewal; duplicates. 1. All licenses, except temporary licenses, shall be for a period of four 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 […]
§ 440. Fees. 1. The fee for a license to engage in the practice of barbering shall be forty dollars and for each renewal thereof the fee shall be forty dollars. 2. The fee for a license to conduct a barber shop shall be sixty dollars and for each renewal thereof the fee shall be […]
§ 441. Suspension and revocation of licenses and certificates. (a) A license to engage in the practice of barbering or to conduct a barber shop or a certificate of an apprentice may be suspended or revoked or in lieu thereof a fine not exceeding five hundred dollars payable to the department of state or a […]
§ 442. Hearing on charges; decision. No license or certificate shall be suspended or revoked or any fine or reprimand imposed upon the holder thereof until after a hearing had before an officer or employee of the department designated for such purpose by the secretary of state, upon notice to the licensee of at least […]
§ 443. Judicial review. The action of the secretary of state in suspending, revoking or refusing to issue or renew a license or certificate or imposing any fine or reprimand upon the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules.
§ 444. Violations and penalties. Any person who shall directly or indirectly engage in the practice of barbering or hold himself out to the public as being able so to do, or conduct a barber shop without a license therefor, or who shall violate any of the provisions of this article, or having had his […]
§ 444-a. Official acts used as evidence. The official acts of the secretary of state and department, shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in any court or before any board, body or officer.
§ 445. Disposition of moneys derived from operation of article. All moneys derived from the operation of this article shall be deposited to the credit of the business and licensing services account established pursuant to section ninety-seven-y of the state finance law.
§ 446. Application of article. 1. This article shall not apply to or affect the practice of their professions by duly licensed physicians, osteopaths, dentists, optometrists, nurses or physiotherapists, or to the practice of their vocations by hairdressers or cosmetologists, nor to any hospital which operates a barber shop solely for the convenience of its […]
§ 447. Separability clause. If any part or provision of this article or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have […]
