§ 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.