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This entry was published on 2014-09-22
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SECTION 439
Licenses; display; renewal; duplicates
General Business (GBS) CHAPTER 20, ARTICLE 28
§ 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 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 four
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.