N.Y. General Business Law § 408: Licenses; display; renewal; duplicates

§ 408. Licenses; display; renewal; duplicates. 1. All licenses shall

expire four years from the date of issuance.

2. No license shall be assignable or transferrable except pursuant to

the provisions of this article.

3. An appearance enhancement business license may be assigned. When

the appearance enhancement business licensee is a partnership or a

limited liability company, or a corporation, the license may be assigned

upon the consent of all members of a partnership or a majority of the

voting members of a limited liability company or the majority

shareholders of a corporation, respectively. 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 has been made on the face of the license by the

department and such license, as endorsed, has been returned to the

assignee or transferee. All such requests for endorsements shall be

accompanied by a five dollar fee. A bona fide purchaser of a licensed

appearance enhancement business 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 signatures of the seller and the purchaser;

and provided further within five working 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 for an appearance

enhancement business license.

4. An appearance enhancement business license issued to an individual

or to a partnership may be used after the death of the licensed

individual or co-partner by the 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 certificate 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.

5. A license certificate issued pursuant to this article shall be

posted in some conspicuous place in the licensed premises or in the

place where the practice of an occupation licensed pursuant to this

article is conducted. At the entrance to each licensed premises or at

the entrance to any place where the practice of an occupation licensed

pursuant to this article is conducted, a sign shall be posted which

shall include the rules and regulations governing such practice and a

manner in which aggrieved persons may register a complaint with the

department. The department shall prepare and furnish such sign to each

licensee.

6. Any license, which has not been suspended or revoked, may, upon the

payment of the renewal fee, be renewed for additional periods of four

years from its application, without further examination, upon the filing

of an application for such renewal, on a form to be prescribed by the

secretary. When an applicant seeks to renew their license, the

department shall notify applicants of voluntary domestic violence and

sexual assault awareness education courses that can be accessed through

the department's website.

7. Any person failing to file for renewal of a license pursuant to the

provisions of this article within one year immediately following the

expiration of such person's last license shall pay an additional fee of

ten dollars, and if such person fails to file application and fee for

renewal within five years, such person shall be ineligible for such

license until such person shall have again passed an examination.

8. A duplicate license certificate may be issued for one lost,

destroyed or mutilated upon the application therefor on a form

prescribed by the secretary 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.

9. Notice in writing shall be given the secretary at the office of the

secretary in Albany by the holder of an appearance enhancement business

license of any change of address. The licensee shall correct the address

on the license upon the filing of such notice.

10. Any licensee who fails to file any notice of change in the status

of a license required by the provisions of this article shall be subject

to the monetary fines set forth in section four hundred ten of this

article.

11. Such license certificate shall contain a photograph of the

licensee and the licensee's name. Nowhere on the license shall be the

address of the licensee.