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This entry was published on 2020-06-19
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SECTION 408
Licenses; display; renewal; duplicates
General Business (GBS) CHAPTER 20, ARTICLE 27
§ 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.