reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 412 - Penalties.

§  412.  Penalties. 1. The practice of nail specialty, waxing, natural
hair styling, esthetics or cosmetology without a license or while  under
suspension  or  revocation,  or  in  violation of an order directing the
cessation of unlicensed activity issued by  the  secretary  pursuant  to
section  four  hundred  ten or four hundred eleven of this article, is a
violation and is subject to a  civil  penalty  of  up  to  five  hundred
dollars  for the first violation; one thousand dollars for a second such
violation; and two thousand five hundred dollars for a  third  violation
and any subsequent violation.
2.  The  following violations shall be deemed separate offenses and be
deemed a misdemeanor,  and  upon  conviction,  shall  be  punishable  by
imprisonment  for  not  more  than six months, or by a fine of up to two
thousand five hundred dollars or by both such fine and imprisonment:
(a) the operation of an  appearance  enhancement  business  without  a
license or when such license has been suspended or revoked; or
(b)  the  operation of an appearance enhancement business in violation
of an order directing the cessation of unlicensed activity issued by the
secretary pursuant to section four hundred ten of this article.
3. The operation of an appearance enhancement business without  a  (a)
bond  or  (b) liability insurance or liability coverage which is covered
through a bond shall be punishable by a  civil  penalty  of  up  to  two
thousand  five  hundred dollars. The enforcement of this provision shall
require the department of financial services to certify  in  writing  to
the  secretary that any bonds or liability insurance that is required by
the department is readily available to appearance enhancement businesses
from the market place.
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 413 - Judicial Review.

§  413.  Judicial  review.  The action of the secretary in suspending,
  revoking or refusing to issue or renew a license, or  issuing  an  order
  directing  the  cessation  of  unlicensed activity or imposing a fine or
  reprimand may be appealed by a proceeding brought under and pursuant  to
  article seventy-eight of the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 414 - Official Acts Used as Evidence.

§  414.  Official  acts  used  as  evidence.  The official acts of the
  secretary and the department shall be prima facie evidence of the  facts
  therein  and shall be entitled to be received as evidence on all actions
  at law and other legal proceedings in any court  or  before  any  board,
  body or officer.
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 415 - Disposition of Moneys.

§ 415. Disposition of moneys. 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.
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 416 - Application of Article.

§  416.  Application of article. 1. This article shall not apply to or
  affect the practice of  the  profession  by  duly  licensed  physicians,
  osteopaths, dentists, optometrists, nurses or physiotherapists.
2.   This   article  shall  not  apply  to,  affect  or  prevent  home
  administration, without compensation  or  other  consideration,  of  any
  practices  defined  in  this  article,  nor shall the provisions of this
  article be construed to prevent the application  of  facial  creams  and
  lotions  by  persons  working  for  the  manufacturer of such creams and
  lotions in its establishment and  under  the  direction  of  a  licensed
  esthetician.   Also, this article shall not apply to the retail sale, or
  the trial demonstration by application  to  the  skin  for  purposes  of
  retail  sale,  of  tonics,  antiseptics,  powders, oils, clays, lotions,
  creams, cosmetics, cosmetic preparations or compounds.
2023 New York Laws › GBS - General Business › Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology › 417 - Separability Clause.

§  417.  Separability clause. If any part or provision of this article
  or the application thereof to any person  or  circumstance  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  been
  rendered and shall not affect or impair the validity of the remainder of
  this  article  or  application thereof to other persons or circumstances
  and the legislature hereby declares that  it  would  have  enacted  this
  article or the remainder thereof had the invalidity of such provision or
  application thereof been apparent.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 419 - Definitions.

§ 419. Definitions. When used in this article:
1. The  term  "applicant"  means  a  coin  processor  who has filed an
  application with the department for a license.
2. The  term  "coin  processor"  means  any  individual,  partnership,
  association  or  corporation  engaged  in the business of providing coin
  processing services.
3. The term "coin processing services" means the  taking  in,  holding
  and  counting  of coins received by other businesses and exchanging such
  coins for an equivalent amount of money, currency, coins  or  negotiable
  instruments for a negotiated service fee. This term does not include any
  corporations,  unincorporated associations, partnerships and individuals
  subject to the provisions of the banking law nor  does  it  include  any
  "food  processing  establishment"  as  defined  in  subdivision three of
  section two hundred fifty-one-z-two of the agriculture and  markets  law
  which  owns  a coin counting machine and makes this service available to
  its customers nor does it include any "armored car  carrier".  The  term
  "armored  car  carrier"  shall  have  the  same  meaning as such term is
  defined in section eighty-nine-bbb of this chapter.
4. The term "department" means the department of state.
5.  The  term  "division"  means  the  division  of  criminal  justice
  services.
6. The  term  "licensee" means a coin processor that has been issued a
  license in accordance with the provisions of this article.
7. The term "secretary" means the secretary of state.
8. The term "principal owner" means any person controlling an interest
  greater than  ten  percent  in  a  business  providing  coin  processing
  services,  or  any  person with a controlling interest in a company that
  has a controlling interest  in  a  business  providing  coin  processing
  services.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 420 - Doing Business Without License Prohibited.

§  420. Doing  business  without license prohibited. No coin processor
  shall operate in the state except as  authorized  by  this  article  and
  without  first  being  licensed  by  the department. All coin processors
  operating in the state after the effective date of  this  article  shall
  become licensed within one year of such date.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 421 - Application for Licenses.

§ 421. Application for licenses. 1. Application for a license required
  under  this  article  shall  be  in writing, under oath, and in the form
  prescribed by the secretary, and shall contain the following:
a. The exact name and the address of the applicant  and  its  date  of
  incorporation;
b. The name and the business and residential address of each principal
  and officer of the applicant;
c. The  complete  address where the business of the applicant is to be
  conducted, showing the street  and  number,  if  any,  post  office  and
  building  and  room number, if any, the office building and room number,
  if any, and the municipality and county;
d. If  the  applicant  has  one  or  more  branches,  subsidiaries  or
  affiliates  operating  in  the  state, the complete address of each such
  place of business; and
e. A complete set of two fingerprint  cards  for  each  principal  and
  officer  of the applicant on a standard fingerprint card approved by the
  division and a fee pursuant to  subdivision  eight-a  of  section  eight
  hundred  thirty-seven  of the executive law, and amendments thereto, for
  the cost of the division's full search and retain procedures, which  fee
  shall  be  remitted by the department to the division for deposit by the
  comptroller into the general fund. Before approving such application the
  secretary, or his or her  designee,  shall  forward  one  copy  of  such
  fingerprint  card and the processing fee to the division upon receipt of
  such fingerprints. The division shall forward to the secretary a  report
  with  respect to the applicant's previous criminal history, if any, or a
  statement that the applicant has no previous criminal history  according
  to  its  files.  If  additional  copies of fingerprints are required the
  applicant shall furnish them upon request.
2. Upon original application for  a  license  to  operate  as  a  coin
  processor, the applicant shall pay an application fee, in such amount as
  may be determined by the secretary, not to exceed three hundred dollars.
  Upon application for a license renewal, the licensee shall pay a renewal
  processing  fee  in such amount as shall be determined by the secretary,
  not to exceed three hundred dollars.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 422 - Conditions Precedent to Licensing.

§   422. Conditions   precedent   to  licensing.  Upon  filing  of  an
  application for a license, if the secretary shall be  satisfied  of  the
  good  character,  competency  and integrity of the applicant, and of the
  principals  and  officers  thereof  are  such  as  to  comply  with  the
  provisions of this article, he or she shall thereupon issue a license in
  duplicate  to  operate  as  a  coin  processor  in  accordance  with the
  provisions of this article. The secretary shall  transmit  one  copy  of
  such  license  to  the  licensee  and  file another in the office of the
  department. Such license shall remain in full force  and  effect  for  a
  period  of two years unless it is surrendered by the licensee or revoked
  or suspended as hereinafter provided; if  the  secretary  shall  not  so
  find, the secretary shall not issue such license and the secretary shall
  notify  the  applicant  of  the  denial  in writing. The secretary shall
  approve or deny every application for license  hereunder  within  ninety
  days from the filing thereof.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 423 - Licensing.

§  423. Licensing.  1.  Each  license  issued under this article shall
  state the address or addresses at which the business is to be  conducted
  and  shall  state fully the name of the licensee, and the date and place
  of its incorporation and the expiration date of the license. A  copy  of
  such  license  shall  be prominently posted in each place of business of
  the licensee. Such license shall not be transferable or assignable.
2. In the event the location at which the business is to be  conducted
  shall  be  changed, the licensee shall forthwith notify the secretary in
  writing, who shall thereupon without charge  attach  to  the  license  a
  rider setting forth such changed location.
3. In the event that there shall be any change among the principals or
  officers  of  any  licensee,  the  licensee  shall  forthwith notify the
  secretary in writing, of the name and address of each new  principal  or
  officer,  and  shall  submit a complete set of two fingerprint cards for
  each such principal or officer in  accordance  with  the  provisions  of
  paragraph  e  of  subdivision  one of section four hundred twenty-one of
  this article.
4. Prior to or upon the sale or transfer of all or the majority of the
  stock or assets of any coin processor, the new  principals  or  officers
  shall apply for a new license with the department in accordance with the
  provisions  of  section four hundred twenty-one and section four hundred
  twenty-two of this article. Such application shall be made within  sixty
  days of such sale or transfer.
5. A  license  granted  under  the  provisions  of this article may be
  renewed by the department upon application therefor by the licensee,  in
  such   form   as  the  department  may  prescribe,  accompanied  by  the
  non-refundable renewal processing fee pursuant  to  subdivision  two  of
  section  four  hundred  twenty-one  of  this  article.  In no event will
  renewal be granted more than six months after the date of expiration  of
  a  license.  No  person, firm, company, partnership or corporation shall
  carry on any business subject to this article during  any  period  which
  may  exist  between  the date of expiration of a license and the renewal
  thereof.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 424 - Grounds for Denial, Suspension or Revocation of License; Procedure.

§  424. Grounds  for  denial,  suspension  or  revocation  of license;
  procedure. 1. The secretary shall have the power to suspend or revoke  a
  license or, in lieu thereof, to impose a fine not exceeding one thousand
  dollars  payable to the department, or reprimand any licensee or deny an
  application for a license or renewal thereof upon proof:
a. that the applicant or licensee has violated any of  the  provisions
  of this article or the rules and regulations promulgated hereunder;
b. that  the  applicant  or  licensee  has  practiced fraud, deceit or
  misrepresentation;
c. that the applicant or licensee has made a material misstatement  in
  the application for or renewal of his or her license; or
d. that  the  applicant  or  licensee has demonstrated incompetence or
  untrustworthiness in his or her actions.
2. No license shall be  revoked  or  suspended  except  after  written
  notice and a hearing as set forth in subdivisions two, three, four, five
  and six of section seventy-nine of this chapter.
3. Every  license  issued  hereunder  shall  remain  in full force and
  effect for a period of  two  years  unless  the  same  shall  have  been
  surrendered,  revoked  or suspended in accordance with the provisions of
  this article, but the secretary shall  have  authority  to  reinstate  a
  suspended  license or to issue a new license to a licensee whose license
  shall have been revoked if no fact or condition then exists which  would
  have  warranted  the  secretary  in  refusing  originally  to issue such
  license under this article.
4. Whenever the secretary shall revoke or  suspend  a  license  issued
  pursuant  to  this  article,  the  secretary  shall forthwith execute in
  duplicate a written order to that effect. The secretary shall  file  one
  copy  of  such order in the office of the department and shall forthwith
  serve the other copy upon the licensee. Any such order may  be  reviewed
  in  the  manner  provided by article seventy-eight of the civil practice
  law and rules.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 425 - Insurance.

§  425. Insurance.  1.  Every coin processor shall obtain a minimum of
  ten million dollars all risk  insurance  coverage  and  such  additional
  amounts  as are sufficient to cover the value of coins consigned to such
  coin processor for counting. In addition, each such coin processor shall
  obtain comprehensive general liability  insurance  coverage  for  death,
  personal  injury  and  property  damage  in  the  minimum amount of five
  hundred thousand dollars per occurrence and one million dollars  in  the
  aggregate.
2. A  written  certificate  or  certificates  of  insurance  shall  be
  provided to the  secretary  by  all  coin  processors  as  part  of  the
  application  for  licenses  process  set  forth  in section four hundred
  twenty-one of this article.
3. Failure by a coin processor to keep  such  all  risk  insurance  or
  comprehensive  general  liability  insurance  coverage in full force and
  effect, shall be grounds for the secretary to refuse to issue or renew a
  license or to suspend or revoke such license,  in  accordance  with  the
  provisions of section four hundred twenty-four of this article.
4. All  such  insurance required by this section shall be issued by an
  insurer authorized to do business in the state or otherwise be  procured
  by  an  excess  line  broker  duly  licensed  pursuant to the applicable
  provisions of the insurance law.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 426 - Violations and Penalties.

§   426. Violations   and   penalties.  1.  Any  person,  partnership,
  association  or  corporation  and  the  several   members,   principals,
  officers,  directors,  agents  and  employees thereof, who knowingly and
  willfully makes material misstatements in the application for a  renewal
  of  a  license  in  this article shall be guilty of a misdemeanor, which
  upon conviction shall be punishable by imprisonment for  not  more  than
  six  months  or  by  a fine of not more than one thousand dollars, or by
  both such fine and imprisonment, upon the first conviction and by a term
  of imprisonment not to exceed one year, or by a fine of  not  less  than
  one  thousand  dollars  and  not  to  exceed  two  thousand five hundred
  dollars, or by both  such  fine  and  imprisonment,  upon  a  subsequent
  conviction.
2.  Any  licensee  who shall knowingly and willfully fail to surrender
  his or her license within five days of receipt of notice of  suspension,
  revocation  or  non-renewal  thereof  by  the  secretary, or the officer
  designated by the secretary to preside over the hearing, pursuant to the
  provisions of section four hundred twenty-four of this article, shall be
  guilty of a violation, punishable by a fine not to  exceed  two  hundred
  fifty dollars, in addition to any other penalty prescribed by law.
3.  Notwithstanding the provisions of subdivision two of this section,
  when it is determined after a hearing pursuant to section  four  hundred
  twenty-four  of  this article that the licensee has violated one or more
  provisions of this article, the secretary may, in lieu of revocation  or
  suspension  of  such  license,  impose a fine not to exceed one thousand
  dollars for each violation payable to the department.
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 427 - Preemption.

§ 427. Preemption. 1. The provisions of this article shall exclusively
  govern  all  coin processors notwithstanding the provisions of any other
  law to the contrary and further, no local law  shall  be  enacted  which
  shall  require  any  fee or license for the licensure or registration of
  coin processors.
2. The provisions of this article shall not apply to any subsidiary of
  an entity organized and operating pursuant to the Bank  Holding  Company
  Act of 1956 (12 USCA 1841 et seq.).
2023 New York Laws › GBS - General Business › Article 27-A - Licensing of Coin Processors › 429 - Separability.

§  429. Separability.  In  the  event  it  is determined by a court of
  competent jurisdiction  that  any  phrase,  clause,  part,  subdivision,
  paragraph  or  section,  or  any  of  the  provisions of this article is
  unconstitutional or otherwise invalid or inoperative, such determination
  shall not affect the validity or effect of the remaining  provisions  of
  this article.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 430 - Purpose of Article.

§ 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 shops  of  our  state  and  because  of  the  evils
  connected  with  itinerant  barbers  and barber shops and because of the
  inadequacy of local regulation, it is the purpose of the legislature, in
  enacting this article, to safeguard and  protect  the  barbers  of  this
  state  from  the  evils  of  itinerant  barbers  and barber shops and to
  safeguard and protect the lives, health and well being of those  persons
  who patronize the barber shops of our state by making adequate provision
  for  the  examination,  licensing and regulation of the barber shops and
  the barbers and apprentices to whom such persons submit  themselves  for
  barber work.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 431 - Definitions.

§  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 following practices upon the head of  a  human  being
for  any  purpose  whatsoever  except for the treatment of disease or of
physical or mental ailments:
(a) Shaving or trimming the beard or cutting the hair of humans;
(b) Giving facial or scalp massage with oils, creams, lotions or other
preparations, either by hand or mechanical appliances;
(c) Singeing, shampooing, arranging, dressing or dyeing  the  hair  or
applying hair tonic;
(d)  Applying cosmetic preparations, antiseptics, powders, oils, clays
or lotions to scalp, face or neck.
5. "Licensee" means a person permitted to engage in  the  practice  of
barbering pursuant to this article.
6. "Satisfactory" means satisfactory to the secretary of state.
7.  "Apprentice"  means  a  person  pursuing in good faith a course of
study in the practice of barbering under the tutelage,  supervision  and
direction of a licensee and who assists such licensee in such practice.
8.  "Barber shop" means any store, establishment, place or premises or
part thereof where the practice of barbering is engaged in.
9. "Barber shop owner" is a person who operates or conducts  a  barber
shop as defined by subdivision eight of this section.
10.  "Fee",  "examination  fee", "license fee", "registration fee" and
"renewal fee" mean the fees required to  accompany  an  application  for
examination  for  or  issuance  of  any  license  or  for  registration,
including any temporary or  renewal  license  or  renewal  registration,
pursuant to this article. Such fees shall be non-refundable.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 432 - Practice of Barbering; License Required; Apprentices.

§  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 this article.
  After  such  date  no  person  shall act as an apprentice or perform any
  service as such unless he is registered pursuant to this article.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 433 - Powers of the Secretary of State.

§ 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, and to fix  their
  compensation within the amount appropriated therefor.
2.  To  examine  into the qualifications and fitness of applicants for
  licenses or  certificates  and  of  prospective  applicants  under  this
  article.
3. To require all persons licensed or registered under this article to
  submit  to  physical  examination  by  a physician or nurse practitioner
  selected by the secretary of state.
4. To keep records of all licenses issued, suspended or revoked.
5. To prepare a manual of rules and regulations  for  the  conduct  of
  examinations  and to furnish copies thereof to persons desiring the same
  upon payment of a reasonable fee therefor.
6. To adopt such rules  and  regulations  not  inconsistent  with  the
  provisions of this article, as may be necessary with respect to the form
  and  content  of  applications  for licenses, the reception thereof, the
  investigation  and  examination   of   applicants   and/or   prospective
  applicants  taking  examinations and their qualifications, and the other
  matters incidental or appropriate to the secretary of state's powers and
  duties as prescribed by this article and for the  proper  administration
  and  enforcement  of  the  provisions  of  this article, and to amend or
  repeal any of such rules and regulations.
7. To  grant  a  temporary  license  to  engage  in  the  practice  of
  barbering,  in  his  own discretion, where a situation exists which will
  render a hardship on a community to be without a licensed  barber.  Such
  temporary  license  shall  be  granted  to  a holder of a certificate of
  registration as an apprentice who has had some training or experience in
  the practice of barbering and  shall  be  valid  only  as  long  as  the
  secretary  of  state  may  decide,  or as long as the hardship condition
  exists.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 436 - Sanitary Rules.

§  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 such rules.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 437 - Apprentices.

§   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  information  required  by such
  section and in such form as the secretary of state may prescribe.
2. A certificate of registration as  an  apprentice  shall  be  for  a
  period of four years.
3. Each certificate of registration issued as provided in this section
  shall  be  posted  in some conspicuous place in the barber shop in which
  the apprentice is actually engaged in the practice of  barbering  as  an
  apprentice.
4.  A  certificate of registration expiring in any year, which has not
  been revoked, may, upon payment of the fee prescribed by  this  article,
  be  renewed  for  additional  periods  of  four  years  upon  filing  an
  application therefor and the certificate mentioned in subdivision two on
  condition, however, that no certificate of registration  may  be  issued
  after  one  renewal,  unless  the  applicant  for  such  certificate  of
  registration has complied  with  all  the  provisions  of  this  article
  relating to apprentices.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 438 - Barber Shop Owners' License; Requirements.

§  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 and the
  maintenance of a bona fide establishment with a permanent  and  definite
  location  shall  be  a  prerequisite  for  the issuance of a barber shop
  owner's license.
2-a. The holder of a certificate  of  registration  as  an  apprentice
  shall not be entitled to a barber shop owner's license.
3.  An applicant for a barber shop owner's license must establish that
  he or she is the real owner and possesses title to or is entitled to the
  possession of the shop. He or she must furnish satisfactory evidence  of
  proper  location  of  the shop, proper layout and adequate equipment for
  the shop, sanitary conditions in the shop  and  its  surroundings.  Such
  applicant   must  also  furnish  satisfactory  evidence  of  good  moral
  character,  except  that  in  determining  an  applicant's  good   moral
  character,  the secretary of state shall not automatically disqualify an
  applicant on the basis of a criminal  conviction.  The  secretary  shall
  review  such  criminal  history  information  in accordance with article
  twenty-three-A of the correction law.
4. A license issued under this section must at all  times  during  the
  term thereof be displayed in the barber shop for which issued.
5.  Notice  in  writing  shall  be given the secretary of state at his
  office in Albany by the holder of a barber shop owner's license  of  any
  change  in  address  of  the  barber  shop  together  with the return of
  license, whereupon a properly signed endorsement will  be  made  on  the
  face  of  the license as to such change and the license then returned to
  the licensee.  A change of address by a licensee without such notice and
  endorsement of license shall operate to cancel the license.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 440 - Fees.

§  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 sixty dollars.
3. The fee for taking a written or practical  examination  under  this
  article shall be fifteen dollars.
4.  The fee for the registration or the renewal of the registration of
  an apprentice shall be twenty dollars.
5. The fee for issuing a duplicate license  in  substitution  for  one
  lost, destroyed or mutilated shall be ten dollars.
6. The fee for changing a name on a license shall be thirty dollars.
7. The fee for changing the address on a license shall be ten dollars.
8.  The  fees hereinabove set forth shall be those for licenses issued
  for the license period of four years. Notwithstanding the provisions  of
  subdivision  one  of  section  four hundred thirty-nine of this article,
  after April first, two thousand eleven, the  secretary  of  state  shall
  assign  staggered  expiration  dates  for outstanding licenses that have
  been previously renewed and such licenses shall thereafter  expire  four
  years  from  the  assigned  date  unless renewed. The secretary of state
  shall assign dates to existing licenses in a manner which  shall  result
  in a term of not less than four years.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 441 - Suspension and Revocation of Licenses and Certificates.

§  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 reprimand may be imposed by  the  secretary  of
state, for any one or more of the following causes:
1. Refusal  to  submit  to  physical  examination  when ordered by the
secretary of state,  pursuant  to  subdivision  three  of  section  four
hundred thirty-three.
2. Practice by a person having an infectious or communicable disease.
3. Habitual drunkenness or unlawful use of a habit-forming drug.
4. Fraud  or  bribery in securing a certificate by an apprentice or in
securing a license or permission to take an examination therefor.
5. The making of any false statement as to a material  matter  in  any
application or other statement or certificate required by or pursuant to
this article.
6. Incompetency.
7. Failure  to  display the license or certificate as provided in this
article.
8. Violation of any provision of this  article,  or  of  any  rule  or
regulation adopted hereunder, or of any applicable sanitary code.
9. Conviction of any crime or offense involving moral turpitude.
10.  Conviction  under  subdivision  one  of section sixty-five of the
alcoholic beverage control law where such conviction was for the sale of
alcohol to a person actually under the age of twenty-one and the offense
occurred at the barber's place of business.
(b) Whenever the license to  practice  barbering  or  the  license  to
conduct  a  barber  shop or the certificate of an apprentice is revoked,
such license or certificate shall not be reinstated  or  reissued  until
after  the  expiration  of  a  period  of one year from the date of such
revocation.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 442 - Hearing on Charges; Decision.

§  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 ten days. The notice shall be  served
  either  personally  or  by  certified  mail and shall state the date and
  place of hearing and set forth the ground or  grounds  constituting  the
  charges  against the licensee. The licensee or registrant shall be heard
  in his defense either in person or by counsel and may produce  witnesses
  and testify in his behalf. A stenographic record of the hearing shall be
  taken and preserved. The hearing may be adjourned from time to time. The
  person  conducting  the  hearing  shall  make  a  written  report of his
  findings and a recommendation to the secretary of  state  for  decision.
  The secretary of state shall review such findings and the recommendation
  and,  after  due deliberation, shall issue an order accepting, modifying
  or rejecting such recommendation and dismissing the charges,  suspending
  or  revoking  the  license  or certificate or in lieu thereof imposing a
  fine or reprimand upon the licensee. For the purpose  of  this  article,
  the  secretary  of  state  or  any officer or employee of the department
  designated by  him,  may  administer  oaths,  take  testimony,  subpoena
  witnesses  and  compel  the  production  of  books,  papers, records and
  documents deemed pertinent to the subject of investigation.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 443 - Judicial Review.

§  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.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 444 - Violations and Penalties.

§  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 license suspended or revoked, shall continue
  to engage in the practice of barbering or  who  directly  or  indirectly
  employs,  permits  or  authorizes  an unlicensed person to engage in the
  practice of barbering or who directly or indirectly employs, permits  or
  authorizes  an unregistered apprentice to act as an apprentice, shall be
  guilty of a misdemeanor and, upon conviction,  shall  be  punishable  by
  imprisonment for not more than six months, or by a fine of not more than
  five hundred dollars or by both such fine and imprisonment and each such
  violation shall be deemed a separate offense.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 444-A - Official Acts Used as Evidence.

§  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.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 445 - Disposition of Moneys Derived From Operation of Article.

§  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.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 446 - Application of Article.

§  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 patients and which is not open to the public.
2. This article shall not be construed to apply to, affect or  prevent
  the  practice  of beauty culture as now conducted in the beauty shops of
  the state, or the operation of beauty shops and barber schools.
3. The provisions of this section shall not be construed to furnish  a
  means of evading the provisions of this article relating to the practice
  of  barbering  and  in  any  prosecution  for  a  violation  of any such
  provision, the terms "hairdresser, " "cosmetologist,  "  "beauty  shop,"
  and "practice of hairdressing and cosmetology" shall have their commonly
  accepted meanings.
2023 New York Laws › GBS - General Business › Article 28 - Practice of Barbering › 447 - Separability Clause.

§  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  been
  rendered and shall not affect or impair the validity of the remainder of
  this   article   or   the   application  thereof  to  other  persons  or
  circumstances and the legislature hereby declares  that  it  would  have
  enacted this article or the remainder thereof had the invalidity of such
  provision or application thereof been apparent.
2023 New York Laws › GBS - General Business › Article 28-A - Cemetery Property and Funeral Services › 450 - Unlawful Acts Relating to Sales of Cemetery Property.

§  450. Unlawful acts relating to sales of cemetery property. The sale
  or procuring any agreement for sale of cemetery lots  or  plots,  or  of
  crypts or niches in a community mausoleum, or niches in a columbarium or
  crematorium,  upon  the promise, representation or inducement of re-sale
  at a financial profit is hereby prohibited.   Any person  or  individual
  who  shall  make,  or  attempt  to  make, either on his own behalf or on
  behalf of another  a  sale  conveyance  or  agreement  contrary  to  the
  provisions of this act shall be guilty of a misdemeanor.
2023 New York Laws › GBS - General Business › Article 28-A - Cemetery Property and Funeral Services › 450-A - Unauthorized Sale of Cemetery Markers and Flag Holders.

§  450-a.  Unauthorized  sale  of  cemetery  markers and flag holders.
  Except for a veterans' organization,  those  businesses  which  normally
  carry  on such trade, or are authorized by veterans' organizations to do
  so,  it  shall  be  unlawful  for  any  person,  firm,  association   or
  corporation to engage in the buying or selling of metal cemetery markers
  and  flag  holders  bearing  the  insignia of any veterans' organization
  placed upon the graves of veterans. A violation  of  the  provisions  of
  this  section  shall constitute a violation and shall be punishable by a
  fine of not more than five hundred dollars or not more than fifteen days
  imprisonment or both.
2023 New York Laws › GBS - General Business › Article 28-A - Cemetery Property and Funeral Services › 451 - Cemetery to State True Location.

§  451.  Cemetery to state true location.  Any cemetery corporation or
  employee or agent thereof that shall advertise in a newspaper,  magazine
  or  other  publication  or  in  the  form  of  a book, notice, circular,
  pamphlet, letter, poster, card, or over any radio  station,  or  in  any
  other way for the purpose of selling lots, plots or parts thereof in its
  cemetery  shall in such advertisement state the location of the cemetery
  grounds, including the city, town or village, and the county and  state.
  A  violation  of  the  provisions  of  this  section  shall constitute a
  misdemeanor and shall be punishable by a fine  of  not  more  than  five
  hundred dollars or not more than six months imprisonment or both.
2023 New York Laws › GBS - General Business › Article 28-A - Cemetery Property and Funeral Services › 452 - Unauthorized Charges in Connection With Permits for Burials or Erection of Monuments.

§  452. Unauthorized charges in connection with permits for burials or
  erection of monuments.  It shall be unlawful for a society or  fraternal
  organization  or a representative thereof to obtain, receive or exact or
  attempt to obtain, receive or exact, a fee or thing of value in addition
  to the regular dues or charges required  to  be  paid  pursuant  to  the
  by-laws,   constitution,   or   rules   of  such  society  or  fraternal
  organization as a condition to granting  a  permit  for  or  consent  to
  burial  in  or the erection of a monument or memorial upon a lot or plot
  in  a  cemetery.  A  violation  of  this  section  shall  constitute   a
  misdemeanor  and  shall  be  punishable  by a fine of not more than five
  hundred dollars or not more than six months imprisonment or both.
2023 New York Laws › GBS - General Business › Article 28-A - Cemetery Property and Funeral Services › 454-A - Unsolicited Offers for Monuments or Memorials.

§  454-a. Unsolicited offers for monuments or memorials. 1. (a) Except
as provided in paragraph (b) of this subdivision, it shall  be  unlawful
to  provide  any  offer  for  monuments or memorials by mail unless such
offer has first been solicited by the individual to which it is sent.
(b) Provided, however, such an offer is permissible where,  in  large,
bold-face  type  at  the  top  of  such offer, "SOLICITATION" is clearly
printed.
2. Whenever there shall be a  violation  of  the  provisions  of  this
section,  an application may be made by the attorney general in the name
of the people of the state of New York to  a  court  or  justice  having
jurisdiction to issue an injunction, and upon notice to the defendant of
not  less  than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the  court  or  the
justice  that the defendant has violated this section, an injunction may
be issued by the court or justice, enjoining and restraining any further
violation, without requiring proof that any person  has,  in  fact  been
injured  or  damaged thereby. In any such proceeding, the court may make
allowances to the attorney general  as  provided  in  paragraph  six  of
subdivision  (a)  of  section  eight thousand three hundred three of the
civil practice law and rules and direct restitution. In connection  with
any  such  proposed  application,  the attorney general is authorized to
take proof and make a determination of the relevant facts and  to  issue
subpoenas  in accordance with the civil practice law and rules. Whenever
the court shall determine that a violation of this section has occurred,
the court may impose a civil penalty of up to five hundred  dollars  for
the  first  violation  and  up to one thousand dollars for the second or
subsequent violation within an eighteen month period.
3. The  provisions  of  this  section  shall  not  apply  to  cemetery
corporations  as  defined  and  regulated  by  article  fifteen  of  the
not-for-profit  corporation  law   and   the   regulations   promulgated
thereunder.