S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    264
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  L. ROSENTHAL, FAHY, EPSTEIN, DICKENS,
   GONZALEZ-ROJAS, CARROLL,  SIMON,  REYES,  MAMDANI,  STIRPE,  DINOWITZ,
   GALLAGHER,  MITAYNES,  JACOBSON,  SEAWRIGHT,  BURDICK, JACKSON, STECK,
   HEVESI, ANDERSON, CLARK -- read once and referred to the Committee  on
   Economic Development

 AN  ACT  to amend the general business law, in relation to the licensing
   of nail salons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  400  of  the  general business law is amended by
 adding a new subdivision 12 to read as follows:
   12. "NAIL SALON" MEANS AN APPEARANCE ENHANCEMENT BUSINESS WHICH  PRAC-
 TICES NAIL SPECIALTY.
   §  2. Section 404-b of the general business law, as amended by chapter
 80 of the laws of 2015, is amended to read as follows:
   § 404-b. Nail specialty; owner responsibilities. 1. In addition to any
 rules and regulations establishing standards  for  practices  and  oper-
 ations  by  licensees under this article, in order to ensure the health,
 safety and welfare within appearance enhancement businesses, all  owners
 and  operators  of appearance enhancement businesses which practice nail
 specialty shall make available for use, gloves and  facemasks  for  nail
 [speciality]  SPECIALTY  licensees  and  trainees who work in such busi-
 nesses.
   2. A. OWNERS AND OPERATORS OF  NAIL  SALONS  SHALL  BE  PROVIDED  WITH
 EDUCATIONAL MATERIALS THAT CONTAIN ALL RELEVANT LOCAL, STATE AND FEDERAL
 LAWS AND PROVISIONS TO BE FOLLOWED BY SUCH OWNERS AND OPERATORS.  EDUCA-
 TIONAL MATERIALS SHALL CONTAIN, BUT ARE NOT LIMITED TO:
   (I) INFORMATION ON WAGES AND PAYMENTS TO EMPLOYEES; AND
   (II)  INFORMATION  TO  ENSURE  THE  HEALTH  AND  SAFETY OF THE PUBLIC,
 INCLUDING LICENSEES AND TRAINEES WHO ARE WORKING WITHIN SUCH BUSINESSES.
 SUCH INFORMATION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  HEALTH  REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02310-01-3
              

 A. 264                              2
 
 LATIONS TO BE ADHERED TO, INFORMATION ON HEALTH HAZARDS WITHIN THE WORK-
 PLACE,  A LIST OF SIDE EFFECTS FROM EXTENDED EXPOSURE TO CHEMICALS USED,
 AND PROPER PROCEDURES TO REDUCE HEALTH RISKS IF WORKERS INHALE  OR  COME
 INTO PHYSICAL CONTACT WITH CHEMICALS USED.
   B.  WRITTEN  MATERIALS  SHALL BE PROVIDED IN THE SAME LANGUAGES AS THE
 NAIL PRACTITIONER BILL OF RIGHTS REQUIRED PURSUANT TO 19  NYCRR  160.10,
 AND  A  HARD COPY SHALL BE GIVEN TO EVERY OWNER, MANAGER, SUPERVISOR AND
 EMPLOYEE OF THE BUSINESS.
   3. ALL OWNERS AND OPERATORS OF NAIL SALONS  SHALL  ATTEND  A  TWO-HOUR
 IN-PERSON  PROFESSIONAL  TRAINING,  APPROVED  BY  THE DEPARTMENT, WITHIN
 THIRTY DAYS OF NOTIFICATION OF APPROVAL OF SUCH  OWNER'S  OR  OPERATOR'S
 APPEARANCE   ENHANCEMENT   BUSINESS   LICENSE  ISSUED  PURSUANT  TO  THE
 PROVISIONS OF THIS ARTICLE. ALL OWNERS  AND  OPERATORS  OF  NAIL  SALONS
 SHALL ALSO ATTEND SUCH TRAINING PRIOR TO RENEWAL OF SUCH LICENSE.
   4.  ALL  OWNERS  AND OPERATORS OF NAIL SALONS SHALL PROVIDE A BIENNIAL
 TWO-HOUR IN-PERSON PROFESSIONAL TRAINING APPROVED BY THE  DEPARTMENT  TO
 MANAGERS, SUPERVISORS AND EMPLOYEES.
   5.  A.  THE  TRAINING FOR OWNERS, OPERATORS, MANAGERS, SUPERVISORS AND
 EMPLOYEES REQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION  SHALL  BE
 CONDUCTED  BY ORGANIZATIONS THAT ARE APPROVED BY THE DEPARTMENT TO OFFER
 THE NAIL SPECIALTY TRAINEE COURSE PURSUANT TO 19 NYCRR  163.2  AND  HAVE
 SIGNIFICANT  EXPERIENCE  IN  TRAINING  NAIL  SALON WORKERS ON HEALTH AND
 SAFETY REGULATIONS. THIS TRAINING SHALL BE PROVIDED IN  ENGLISH  AND  IN
 THE  SAME  LANGUAGES  AS  THE  NAIL PRACTITIONER BILL OF RIGHTS REQUIRED
 PURSUANT TO 19 NYCRR 160.10 AND SHALL:
   (I) EDUCATE OWNERS, OPERATORS, MANAGERS, SUPERVISORS AND EMPLOYEES, ON
 WAGE AND HOUR LAWS, INCLUDING MINIMUM WAGE, OVERTIME PAY, AND PAID  SICK
 DAYS;
   (II)  EDUCATE  OWNERS,  OPERATORS, MANAGERS, SUPERVISORS AND EMPLOYEES
 REGARDING HEALTH AND SAFETY RULES AND REGULATIONS IN ORDER TO ENSURE THE
 HEALTH, SAFETY AND WELFARE OF THE PUBLIC INCLUDING LICENSEES AND  TRAIN-
 EES  WHEN  THEY  ARE  WORKING WITHIN A NAIL SALON, INFORMATION ON HEALTH
 HAZARDS WITHIN THE WORKPLACE, A LIST OF SIDE EFFECTS FROM EXTENDED EXPO-
 SURE TO CHEMICALS USED, AND PROPER PROCEDURES TO REDUCE HEALTH RISKS  IF
 A PERSON INHALES OR COMES INTO PHYSICAL CONTACT WITH CHEMICALS USED;
   (III)  EDUCATE  OWNERS, OPERATORS, MANAGERS, SUPERVISORS AND EMPLOYEES
 REGARDING PROTECTION FOR EMPLOYEES WHO REPORT A VIOLATION OF A STATE  OR
 FEDERAL LAW, RULE OR REGULATION; AND
   (IV)  EDUCATE  OWNERS  AND  OPERATORS  OF NAIL SALONS ON THE NECESSARY
 LEGAL AND OPERATIONAL REQUIREMENTS WHEN STARTING AND MAINTAINING A BUSI-
 NESS, INCLUDING BUT NOT LIMITED TO, THE REQUIREMENTS IMPOSED PURSUANT TO
 THIS ARTICLE.
   B. THE COST OF THE TRAINING REQUIRED PURSUANT TO THIS SECTION SHALL BE
 COVERED BY THE OWNER AND/OR OPERATOR OF THE NAIL SALON AND SHALL NOT  BE
 DEDUCTED FROM THE PAY OF AN EMPLOYEE.
   6.  THE  DEPARTMENT SHALL CONSIDER THE NON-PROFIT STATUS, AS DESCRIBED
 IN SECTION 501(C) OF THE INTERNAL REVENUE CODE OF THE UNITED STATES  (26
 U.S.C. 501(C)) WHEN APPROVING ORGANIZATIONS TO PROVIDE THE TRAINING. THE
 DEPARTMENT SHALL PROMULGATE RULES TO CONSIDER ORGANIZATIONS WITHOUT SUCH
 NON-PROFIT STATUS IF:
   A.  NO  ORGANIZATION  WITH NON-PROFIT STATUS IS AVAILABLE WITHIN FIFTY
 MILES  OF  AN  APPEARANCE  ENHANCEMENT  BUSINESS  WHICH  PRACTICES  NAIL
 SPECIALTY;
   B.  NONE  HAVE OFFERED THEIR SERVICES WITHIN FIFTY MILES OF AN APPEAR-
 ANCE ENHANCEMENT BUSINESS WHICH PRACTICES NAIL SPECIALTY; OR
 A. 264                              3
 
   C. USING A FOR-PROFIT ORGANIZATION WOULD  ALLEVIATE  SIGNIFICANT  TIME
 DELAYS  OF  FOUR  WEEKS  OR  MORE  IN BETWEEN TRAINING AVAILABILITIES OF
 EXISTING ORGANIZATIONS WITH NON-PROFIT STATUS.
   7.  THE  SECRETARY SHALL ESTABLISH A TRAINING COMMITTEE TO PREPARE THE
 WRITTEN EDUCATIONAL MATERIALS  AND  CURRICULUM  FOR  THE  TRAINING.  THE
 TRAINING  COMMITTEE  SHALL ALSO RECOMMEND QUALIFIED ORGANIZATIONS TO THE
 SECRETARY TO PROVIDE  PROFESSIONAL  TRAINING.  SUCH  TRAINING  COMMITTEE
 SHALL BE COMPOSED AS FOLLOWS:
   A.  A  MEMBER OF A HEALTH AND SAFETY ORGANIZATION THAT HAS SIGNIFICANT
 EXPERIENCE IN TRAINING NAIL SPECIALTY WORKERS ON HEALTH AND SAFETY REGU-
 LATIONS IN THE NAIL SALON INDUSTRY AND ON  OBTAINING  A  NAIL  SPECIALTY
 LICENSE;
   B. A MEMBER OF A LABOR UNION THAT HAS SIGNIFICANT EXPERIENCE IN TRAIN-
 ING NAIL SPECIALTY WORKERS ON WAGE AND HOUR LAWS;
   C.  A  MEMBER  OF  A BUSINESS ASSOCIATION FOR NAIL SALON OWNERS IN THE
 STATE OF NEW YORK; AND
   D. A MEMBER OF A COMMUNITY  CENTER  THAT  HAS  SIGNIFICANT  EXPERIENCE
 WORKING  WITHIN  THE  NAIL  SALON  INDUSTRY  AND  HAS  A MEMBERSHIP THAT
 INCLUDES BOTH WORKERS AND OWNERS IN NEW YORK.
   8. THE SECRETARY SHALL CONVENE THE TRAINING COMMITTEE  NO  LATER  THAN
 SIXTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION. THE TRAINING
 COMMITTEE SHALL PROPOSE THE REQUIREMENTS FOR THE  EDUCATIONAL  MATERIALS
 AND  TRAINING AND SHALL RECOMMEND QUALIFIED ORGANIZATIONS TO CONDUCT THE
 TRAINING TO THE SECRETARY NO LATER THAN SIXTY  DAYS  AFTER  THE  INITIAL
 MEETING  OF SUCH COMMITTEE. THE SECRETARY SHALL ISSUE OFFICIAL MATERIALS
 AND A LIST OF APPROVED TRAINING ORGANIZATIONS NO LATER THAN  SIXTY  DAYS
 AFTER  RECEIVING RECOMMENDATIONS FROM THE TRAINING COMMITTEE. NAIL SALON
 OWNERS SHALL ATTEND A TRAINING AND PROVIDE A TRAINING TO  THE  EMPLOYEES
 OF SUCH NAIL SALON WITHIN ONE HUNDRED EIGHTY DAYS OF THE SECRETARY ISSU-
 ING A LIST OF APPROVED ORGANIZATIONS.
   9. THE TRAINING COMMITTEE SHALL MEET AT LEAST QUARTERLY THE FIRST YEAR
 AFTER THEIR INITIAL MEETING AND BIANNUALLY THEREAFTER TO MAKE ANY NECES-
 SARY  CHANGES  TO THE CURRICULUM AND DISCUSS ISSUES IN THE INDUSTRY.  AT
 LEAST ONE ANNUAL MEETING SHALL BE OPEN  TO  OTHER  NAIL  SALON  WORKERS,
 ADVOCATES,  AND  OWNERS  TO PROVIDE FEEDBACK ON THE TRAINING AND DISCUSS
 OTHER ISSUES IN THE INDUSTRY.
   10. AN APPROVED ORGANIZATION  SHALL  NOTIFY  THE  DEPARTMENT  FOR  THE
 PURPOSE OF UPDATING THE PUBLICLY ACCESSIBLE REGISTRY, PURSUANT TO SUBDI-
 VISION  EIGHT  OF SECTION FOUR HUNDRED SIX-A OF THIS ARTICLE, WITHIN ONE
 WEEK OF A NAIL SALON OWNER COMPLETING THE TRAINING REQUIRED PURSUANT  TO
 THIS  SECTION  OR  A NAIL SALON OWNER HAS PROVIDED SUCH TRAINING FOR THE
 EMPLOYEES OF SUCH NAIL SALON.
   § 3. The general business law is amended by adding a new section 406-a
 to read as follows:
   § 406-A. NAIL SALON LICENSE APPLICATION; PROCEDURE;  REQUIREMENTS.  1.
 ANY PERSON, EIGHTEEN YEARS OF AGE OR OLDER, OR ANY FIRM, LIMITED LIABIL-
 ITY COMPANY, PARTNERSHIP OR CORPORATION HAVING AT LEAST ONE MEMBER EIGH-
 TEEN  YEARS  OF AGE OR OLDER MAY APPLY TO THE SECRETARY FOR A NAIL SALON
 LICENSE.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE A NAIL SALON WITHOUT
 A NAIL SALON LICENSE.
   3. ALL LICENSES ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR TWO
 YEARS.
   4. EACH APPLICANT APPLYING FOR A NAIL SALON LICENSE OR RENEWAL THEREOF
 SHALL FILE AN APPLICATION IN SUCH FORM AND MANNER AS PRESCRIBED  BY  THE
 SECRETARY  AND  SHALL PAY A FEE OF SIXTY DOLLARS FOR EACH LOCATION WHERE
 A. 264                              4
 
 SUCH APPLICANT'S NAIL SALON OPERATES. THE FOLLOWING INFORMATION SHALL BE
 REQUIRED ON AN APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION:
   A.  IF  THE  APPLICANT  IS  AN  INDIVIDUAL, THEIR NAME, DATE OF BIRTH,
 PERMANENT HOME ADDRESS, AND TELEPHONE NUMBER, AS WELL AS ANY OTHER NAMES
 BY WHICH HE OR SHE HAS CONDUCTED A BUSINESS AT ANY TIME;
   B. IF THE APPLICANT IS A CORPORATION, THE CORPORATE NAME OF THE APPLI-
 CANT, ITS PLACE OF INCORPORATION, ADDRESSES OF ALL LOCATIONS  WHERE  THE
 BUSINESS  OPERATES,  OTHER  NAMES  BY  WHICH  IT  HAS  BEEN KNOWN OR HAS
 CONDUCTED BUSINESS AT  ANY  TIME,  ITS  TELEPHONE  NUMBER,  ITS  FEDERAL
 EMPLOYER  IDENTIFICATION  NUMBER,  AND  THE  NAMES  AND  PERMANENT  HOME
 ADDRESSES OF ITS DIRECTORS, OFFICERS AND SHAREHOLDERS;
   C. IF THE APPLICANT IS A  PARTNERSHIP,  ITS  NAME,  ADDRESSES  OF  ALL
 LOCATIONS  WHERE THE BUSINESS OPERATES, OTHER NAMES BY WHICH IT HAS BEEN
 KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE  NUMBER,  ITS
 FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES AND PERMANENT HOME
 ADDRESSES OF EACH OF ITS PARTNERS;
   D.  IF  THE APPLICANT INTENDS TO OPERATE IN A CITY COVERED BY SUBDIVI-
 SION NINE OF THIS SECTION,  SUCH  APPLICANT  SHALL  ATTACH  AN  APPROVED
 APPLICATION  TO  OPERATE  IN  SUCH  CITY,  PURSUANT TO THE PROVISIONS OF
 SUBDIVISION NINE OF THIS SECTION;
   E. ANY JUDGMENTS, INJUNCTIONS, LIENS, ADMINISTRATIVE  ORDERS,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  JUDGMENTS  BASED ON TAXES OWED, FINES, AND
 PENALTIES ASSESSED BY ANY GOVERNMENT AGENCY DURING THE FIVE YEARS  PRIOR
 TO LICENSURE OR RENEWAL THEREOF AGAINST THE APPLICANT OR ANY PERSON THAT
 HAS AN OWNERSHIP INTEREST IN THE APPLICANT OF MORE THAN FIVE PERCENT;
   F.  WRITTEN  PROOF OF COMPLIANCE WITH ANY BOND REQUIREMENTS PRESCRIBED
 BY THE SECRETARY;
   G. SIGNED CERTIFICATION BY THE APPLICANT THAT THERE ARE NO OUTSTANDING
 FINAL JUDGMENTS OR WARRANTS AGAINST THE APPLICANT, IN ANY ACTION ARISING
 OUT OF A VIOLATION OF THE PROVISIONS OF THIS ARTICLE  OR  ANY  RULES  OR
 REGULATIONS PROMULGATED THEREUNDER;
   H.  CERTIFICATES  OF INSURANCE FOR WORKERS' COMPENSATION, UNEMPLOYMENT
 INSURANCE AND DISABILITY INSURANCE COVERAGE;
   I. ORIGINAL OR TRUE COPIES OF LIABILITY INSURANCE POLICIES OR  CERTIF-
 ICATES  OF  INSURANCE  FOR LIABILITY INSURANCE CARRIED BY THE APPLICANT;
 AND
   J. WRITTEN PROOF OF COMPLIANCE  WITH  THE  TRAINING  REQUIREMENTS,  AS
 PRESCRIBED IN SECTION FOUR HUNDRED FOUR-B OF THIS ARTICLE.
   5. ANY APPLICATION FOR RENEWAL OF A NAIL SALON LICENSE SHALL BE ACCOM-
 PANIED  BY  A  CERTIFICATION  SIGNED BY THE APPLICANT AND AFFIRMED UNDER
 PENALTY OF PERJURY THAT SUCH APPLICANT IS IN COMPLIANCE  WITH  ALL  LAWS
 RELATING TO THE PROTECTION OF WORKERS' RIGHTS, INCLUDING, BUT NOT LIMIT-
 ED  TO NEW YORK STATE LABOR LAW AND NEW YORK STATE WORKERS' COMPENSATION
 LAW AND IS IN COMPLIANCE WITH ALL APPLICABLE TAX LAWS.
   6. THE SECRETARY SHALL ALSO CONSIDER COMMENTS FROM NAIL SALON  EMPLOY-
 EES  WHEN  DECIDING  WHETHER  TO  ISSUE  OR  RENEW  A LICENSE UNDER THIS
 SECTION.  ALL EMPLOYEES UNDER A NAIL SALON LICENSE SHALL BE  ALLOWED  TO
 SUBMIT COMMENTS TO THE SECRETARY AS PART OF THE LICENSE RENEWAL PROCESS.
 THE  APPLICANT  SHALL  BE GIVEN REDACTED COPIES OF ANY COMMENT RECEIVED,
 WITH THE NAME OF THE EMPLOYEE REMOVED. THE  APPLICANT  SHALL  PROVIDE  A
 MITIGATION  PLAN  TO ADDRESS ANY ISSUE IN THE COMMENTS, AND SHALL SUBMIT
 THE PLAN TO THE SECRETARY. THE EMPLOYEE AND/OR  THEIR  ORGANIZATION  MAY
 ALSO  SUBMIT  COMMENTS  REGARDING  THE MITIGATION PLAN TO THE SECRETARY.
 TAKING THE COMMENTS FROM  APPLICANT  AND  EMPLOYEES  INTO  ACCOUNT,  THE
 SECRETARY MAY:
   A. DENY THE REQUEST FOR RENEWAL;
 A. 264                              5
 
   B. APPROVE THE REQUEST FOR RENEWAL;
   C.  APPROVE  THE REQUEST FOR RENEWAL, PROVIDED THAT CERTAIN CONDITIONS
 ARE MET; OR
   D. ISSUE A TEMPORARY  LICENSE  UNTIL  FINAL  ADJUDICATIONS  OF  CLAIMS
 RELATING TO THE RENEWAL OF THE LICENSE ARE REACHED.
   7.  IN  ADDITION  TO  ANY  OF  THE POWERS THAT MAY BE EXERCISED BY THE
 SECRETARY PURSUANT TO THIS SECTION OR ANY RULES PROMULGATED  THEREUNDER,
 THE SECRETARY MAY DENY ISSUANCE OR RENEWAL OF A LICENSE PURSUANT TO THIS
 SECTION UPON A FINDING THAT:
   A.  THE  APPLICANT  HAS  FAILED  TO  SATISFY ANY FINE OR CIVIL PENALTY
 ORDERED AGAINST SUCH APPLICANT IN A JUDICIAL OR ADMINISTRATIVE  PROCEED-
 ING  ARISING OUT OF A VIOLATION OF THIS ARTICLE OR ANY RULES PROMULGATED
 THEREUNDER;
   B. A NAIL SALON TO WHICH THE APPLICANT IS A SUCCESSOR, AS SUCH TERM IS
 DESCRIBED IN SUBDIVISION ELEVEN OF THIS SECTION, HAS FAILED  TO  SATISFY
 ANY  FINE  OR CIVIL PENALTY ORDERED AGAINST SUCH ENTITY IN A JUDICIAL OR
 ADMINISTRATIVE PROCEEDING ARISING OUT OF A VIOLATION OF THIS ARTICLE  OR
 ANY RULES PROMULGATED THEREUNDER;
   C.  A  PERSON OR ENTITY THAT IS PART OF THE OWNERSHIP STRUCTURE OF THE
 APPLICANT HAS FAILED TO  SATISFY  ANY  FINE  OR  CIVIL  PENALTY  ORDERED
 AGAINST  SUCH  ENTITY IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING ARISING
 OUT OF A VIOLATION OF THIS ARTICLE OR ANY RULES PROMULGATED  THEREUNDER;
 OR
   D.  THE  APPLICANT OR A PERSON OR ENTITY THAT IS PART OF THE OWNERSHIP
 STRUCTURE OF SUCH APPLICANT LACKS GOOD MORAL CHARACTER. IN  MAKING  SUCH
 DETERMINATION, THE SECRETARY MAY CONSIDER, BUT IS NOT LIMITED TO, ANY OF
 THE FOLLOWING FACTORS:
   (I)  FAILURE  BY  SUCH  APPLICANT  TO  PROVIDE TRUTHFUL INFORMATION OR
 DOCUMENTATION IN CONNECTION WITH THE APPLICATION OR  OTHER  REQUEST  FOR
 INFORMATION;
   (II)  FINDINGS  OF  LIABILITY  IN  A CIVIL, CRIMINAL OR ADMINISTRATIVE
 ACTION INVOLVING EGREGIOUS OR REPEATED  NONPAYMENT  OR  UNDERPAYMENT  OF
 WAGES  OR  OTHER ILLEGAL ACTS OR OMISSIONS BEARING A DIRECT RELATIONSHIP
 TO THE FITNESS OF THE APPLICANT TO CONDUCT THE BUSINESS  FOR  WHICH  THE
 LICENSE  IS  SOUGHT;  EXCEPT  THAT THE SECRETARY SHALL TAKE INTO ACCOUNT
 MITIGATING FACTORS INCLUDING: (1) THE PASSAGE OF TIME SINCE  SUCH  FIND-
 INGS  OF  LIABILITY OR OTHER ILLEGAL ACTS OR OMISSIONS AT ISSUE; (2) THE
 SEVERITY OF SUCH FINDINGS OF LIABILITY OR OTHER ILLEGAL  ACTS  OR  OMIS-
 SIONS;  (3) WHETHER ANY SUCH FINDINGS OR OTHER ILLEGAL ACTS OR OMISSIONS
 WERE RESOLVED OR ARE STILL PENDING; AND (4) ANY CHANGE  IN  CIRCUMSTANCE
 THAT  MIGHT REDUCE THE LIKELIHOOD OF SUCH FINDINGS OR OTHER ILLEGAL ACTS
 OR OMISSIONS RECURRING DURING THE PERIOD  OF  LICENSURE,  INCLUDING  THE
 FACT THAT SUCH FINDINGS OR OTHER ILLEGAL ACTS OR OMISSIONS AT ISSUE TOOK
 PLACE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION;
   (III) A PRIOR REVOCATION BY THE SECRETARY OF A NAIL SALON LICENSE HELD
 BY THE APPLICANT; AND
   (IV)  A  FINDING THAT WITHIN THE LAST TEN YEARS AN ENTITY TO WHICH THE
 APPLICANT IS A SUCCESSOR, AS SUCH TERM IS DESCRIBED IN SUBDIVISION ELEV-
 EN OF THIS SECTION, HAS BEEN DENIED THE ISSUANCE OR RENEWAL OF A LICENSE
 PURSUANT TO THIS SUBDIVISION OR HAS HAD A LICENSE  REVOKED  PURSUANT  TO
 SECTION FOUR HUNDRED TEN OF THIS ARTICLE.
   8. THE DEPARTMENT SHALL MAINTAIN A PUBLICLY ACCESSIBLE REGISTRY OF ALL
 LICENSED  NAIL  SALONS WHICH SHALL BE UPDATED NO LESS THAN MONTHLY. SUCH
 REGISTRY SHALL IDENTIFY:
 A. 264                              6
 
   A. THE NAMES OF  ALL  PERSONS  THAT  OWN,  CONTROL  AND/OR  OPERATE  A
 LICENSED  NAIL  SALON  AND,  IF  APPLICABLE, THE PERCENTAGE OF OWNERSHIP
 INTERESTS HELD BY SUCH PERSONS;
   B.  ANY  JUDGMENTS,  INJUNCTIONS,  LIENS,  OR  ADMINISTRATIVE  ORDERS,
 INCLUDING, BUT NOT LIMITED TO, JUDGMENTS BASED ON TAXES OWED, FINES, AND
 PENALTIES ASSESSED BY ANY GOVERNMENT AGENCY DURING THE FIVE YEARS  PRIOR
 TO  LICENSURE  OR  RENEWAL THEREOF AGAINST A LICENSEE OR ANY PERSON THAT
 HAS AN OWNERSHIP INTEREST IN THE LICENSED NAIL SALON OF MORE  THAN  FIVE
 PERCENT;
   C.  THE  ADDRESSES OF ALL LOCATIONS FOR WHICH A LICENSEE IS AUTHORIZED
 TO OPERATE AND THE NUMBER OF EMPLOYEES EMPLOYED AT EACH SUCH LOCATION;
   D. THE MOST RECENT DATE THAT A LICENSEE COMPLETED THE REQUISITE TRAIN-
 ING, PURSUANT TO SECTION FOUR HUNDRED FOUR-B OF THIS ARTICLE; AND
   E. THE MOST RECENT DATE THAT  A  LICENSEE  PROVIDED  TRAINING  TO  THE
 EMPLOYEES WITHIN THE NAIL SALON, PURSUANT TO SECTION FOUR HUNDRED FOUR-B
 OF THIS ARTICLE.
   9.  A  CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHOR-
 IZED TO ADOPT AND AMEND LOCAL LAWS THAT ALLOW  FOR  ADDITIONAL  REQUIRE-
 MENTS  FOR NAIL SALONS LOCATED WITHIN SUCH CITY. SUCH CITY MAY IMPLEMENT
 APPLICATION REQUIREMENTS THAT PROMOTE COMPLIANCE WITH CITY,  STATE,  AND
 FEDERAL LAWS RELATING TO THE NAIL SALON INDUSTRY AND NAIL SALON WORKERS.
 IF  ANY  SUCH  CITY ADOPTS REQUIREMENTS PURSUANT TO THIS SUBDIVISION, AN
 APPLICANT FOR A NAIL SALON LICENSE PURSUANT TO THIS SECTION SHALL SUBMIT
 AN APPLICATION FOR APPROVAL TO OPERATE IN SUCH CITY  TO  THE  REGULATORY
 AUTHORITY  DESIGNATED BY SUCH CITY IN A FORM AND MANNER TO BE PRESCRIBED
 BY SUCH CITY. THE SECRETARY SHALL NOT APPROVE A LICENSE PURSUANT TO THIS
 SECTION THAT PERMITS OPERATION IN ANY SUCH CITY UNLESS THE APPLICANT HAS
 BEEN APPROVED BY THE CITY PRIOR TO SUBMISSION OF AN APPLICATION  TO  THE
 SECRETARY.
   10.  ALL  APPLICANTS WHO ARE ISSUED A LICENSE UNDER THIS SECTION SHALL
 SUBMIT A MONTHLY PAYROLL RECORD WHICH IS ATTESTED TO BY  THE  APPLICANT,
 OR  AN  AUTHORIZED  AGENT OF THE APPLICANT WITHIN TEN DAYS OF THE END OF
 EACH MONTH. SUCH RECORD SHALL BE IN A FORM PRESCRIBED BY THE  SECRETARY,
 WHICH  SHALL  AT  A  MINIMUM  INCLUDE FOR EACH EMPLOYEE, SUCH EMPLOYEE'S
 NAME; NAIL SPECIALTY LICENSE NUMBER; HOURLY RATE OF PAY; DAILY, OVERTIME
 AND WEEKLY HOURS WORKED; GROSS PAY; ITEMIZED  DEDUCTIONS;  AND  NET  PAY
 PAID TO THE EMPLOYEE.
   11.  AN APPLICANT SHALL BE CONSIDERED A SUCCESSOR TO A NAIL SALON UPON
 A FINDING THAT SUCH APPLICANT SATISFIES TWO OR  MORE  OF  THE  FOLLOWING
 CRITERIA:
   A.  THE  APPLICANT  USES THE SAME FACILITY, FACILITIES OR WORKFORCE TO
 OFFER SUBSTANTIALLY THE SAME SERVICES AS THE NAIL SALON;
   B. THE APPLICANT SHARED  IN  THE  OWNERSHIP,  OR  OTHERWISE  EXERCISED
 CONTROL OVER, THE MANAGEMENT OF THE NAIL SALON;
   C.  THE  APPLICANT  EMPLOYS  IN  A  MANAGERIAL CAPACITY ANY PERSON WHO
 CONTROLLED THE WAGES, HOURS,  OR  WORKING  CONDITIONS  OF  THE  AFFECTED
 EMPLOYEES OF THE NAIL SALON; OR
   D.  THE  APPLICANT  IS AN IMMEDIATE FAMILY MEMBER, INCLUDING A PARENT,
 STEP-PARENT, CHILD, OR STEP, FOSTER OR  ADOPTED  CHILD,  OF  ANY  OWNER,
 PARTNER,  OFFICER,  OR  DIRECTOR OF THE NAIL SALON, OR OF ANY PERSON WHO
 HAD A FINANCIAL INTEREST IN THE NAIL SALON.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 A. 264                              7
 
 sentence, paragraph, section, or part thereof directly involved  in  the
 controversy in which such judgment shall have been rendered.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.