1. Any person over the age of seventeen years who shall present to the secretary of state satisfactory evidence that he has been actually engaged in the practice of barbering in this state for at least one year within the period of three years immediately prior to July first, nineteen hundred forty-seven, shall be entitled to a license under this article without examination, provided that application therefor, accompanied by the photographs, evidence and the certificate required by paragraphs (a), (b) and (c), respectively, of subdivision one of section four hundred thirty-four of this article and the required annual license fee, is filed with the secretary of state not later than December thirty-first, nineteen hundred fifty-one. Nothing in this subdivision shall entitle any person to such license without examination who, since the effective date of this article, has taken and been unsuccessful in an examination conducted pursuant thereto.

Terms Used In N.Y. General Business Law 435

  • 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. See N.Y. Public Authorities Law 1621-F

  • Licensee: means a person permitted to engage in the practice of barbering pursuant to this article. See N.Y. Public Authorities Law 1621-F
  • Person: means an individual, firm, company, partnership or corporation. See N.Y. Public Authorities Law 1621-F
  • Satisfactory: means satisfactory to the secretary of state. See N.Y. Public Authorities Law 1621-F

2. The secretary of state shall issue a temporary license to any person over the age of seventeen years, who, upon taking effect of this article, has been actually and continuously engaged in the practice of barbering in this state for a period of not less than six months, as substantiated by sworn affidavits or other evidence satisfactory to the secretary of state and provided application therefor, accompanied by the photographs, evidence, and the certificate required by paragraphs (a), (b) and (c), respectively, of subdivision one of section four hundred thirty-four of this article and one-quarter of the required license fee, is filed with the secretary of state.

3. A temporary license issued under this section shall expire six months after the date of issuance and such temporary licensee shall not be entitled to any further license until he has taken a regularly scheduled examination and qualified for a regular license under the provisions of this article. The secretary of state may, however, in his discretion, for good cause shown, extend the term of such a temporary license for an additional period not exceeding six months upon the payment of an additional fee equivalent to one-half of the license fee prescribed by this article.

4. Any person who has duly applied for a license pursuant to subdivision one or subdivision two of this section may engage in the practice of barbering pending the determination of his application.

5. The secretary of state shall upon application and without examination, issue a license to any person over the age of seventeen years who has been duly licensed by any other state, territory, protectorate or dependency of the United States to engage in the practice of barbering upon compliance with standards and requirements not lower, in the judgment of the secretary of state, than those of this state, provided, however, that either such state extends similar reciprocity to licensees of this state or the applicant is a member of the household of a member of the armed forces of the United States, national guard or reserves and was a member of such household before such member relocated to the state. Such application shall be accompanied by the photographs, evidence and the certificate required by paragraphs (a), (b) and (c), respectively, of subdivision one of section four hundred thirty-four of this article and the required license fee.

6. If any person, eligible for any license, mentioned in this section, be in the military service at or during the time application for such license is required to be filed and license fee paid, according to the provisions of this section, the period within which said application may be filed and license fee may be paid, is extended in behalf of such person, until three months after the termination of said military

service, any provision contained in this article to the contrary, notwithstanding.

In the case of persons who are or were in the military service and have been or will be discharged under conditions other than dishonorable, the period of one year specified in subdivision one of this section and the period of six months specified in subdivision two of this section need not be continuous. The length of time such person was engaged in the practice of barbering before entering the military service may be added to any period of time during which such person was or is engaged in the practice of barbering after the termination of military service.