N.Y. General Business Law 441 – Suspension and revocation of licenses and certificates
§ 441. Suspension and revocation of licenses and certificates. (a) A license to engage in the practice of barbering or to conduct a barber shop or a certificate of an apprentice may be suspended or revoked or in lieu thereof a fine not exceeding five hundred dollars payable to the department of state or a reprimand may be imposed by the secretary of state, for any one or more of the following causes:
Terms Used In N.Y. General Business Law 441
- Apprentice: means a person pursuing in good faith a course of study in the practice of barbering under the tutelage, supervision and direction of a licensee and who assists such licensee in such practice. See N.Y. General Business Law 431
- Barber: means a person who engages in the practice of barbering. See N.Y. General Business Law 431
- Barber shop: means any store, establishment, place or premises or part thereof where the practice of barbering is engaged in. See N.Y. General Business Law 431
- 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. General Business Law 431 - Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of state. See N.Y. General Business Law 431
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, firm, company, partnership or corporation. See N.Y. General Business Law 431
1. Refusal to submit to physical examination when ordered by the secretary of state, pursuant to subdivision three of section four hundred thirty-three.
2. Practice by a person having an infectious or communicable disease.
3. Habitual drunkenness or unlawful use of a habit-forming drug.
4. Fraud or bribery in securing a certificate by an apprentice or in securing a license or permission to take an examination therefor.
5. The making of any false statement as to a material matter in any application or other statement or certificate required by or pursuant to this article.
6. Incompetency.
7. Failure to display the license or certificate as provided in this article.
8. Violation of any provision of this article, or of any rule or regulation adopted hereunder, or of any applicable sanitary code.
9. Conviction of any crime or offense involving moral turpitude.
10. Conviction under subdivision one of § 65 of the alcoholic beverage control law where such conviction was for the sale of alcohol to a person actually under the age of twenty-one and the offense occurred at the barber's place of business.
(b) Whenever the license to practice barbering or the license to conduct a barber shop or the certificate of an apprentice is revoked, such license or certificate shall not be reinstated or reissued until after the expiration of a period of one year from the date of such revocation.