§ 438. Barber shop owners' license; requirements. 1. On and after\nOctober first, nineteen hundred forty-seven no person shall own or\noperate a barber shop unless a barber shop owners' license is first\nobtained from the secretary of state for each barber shop owned or\noperated.\n 2. The establishment of itinerant shops is hereby prohibited and the\nmaintenance of a bona fide establishment with a permanent and definite\nlocation shall be a prerequisite for the issuance of a barber shop\nowner's license.\n 2-a. The holder of a certificate of registration as an apprentice\nshall not be entitled to a barber shop owner's license.\n 3. An applicant for a barber shop owner's license must establish that\nhe or she is the real owner and possesses title to or is entitled to the\npossession of the shop. He or she must furnish satisfactory evidence of\nproper location of the shop, proper layout and adequate equipment for\nthe shop, sanitary conditions in the shop and its surroundings. Such\napplicant must also furnish satisfactory evidence of good moral\ncharacter, except that in determining an applicant's good moral\ncharacter, the secretary of state shall not automatically disqualify an\napplicant on the basis of a criminal conviction. The secretary shall\nreview such criminal history information in accordance with article\ntwenty-three-A of the correction law.\n 4. A license issued under this section must at all times during the\nterm thereof be displayed in the barber shop for which issued.\n 5. Notice in writing shall be given the secretary of state at his\noffice in Albany by the holder of a barber shop owner's license of any\nchange in address of the barber shop together with the return of\nlicense, whereupon a properly signed endorsement will be made on the\nface of the license as to such change and the license then returned to\nthe licensee. A change of address by a licensee without such notice and\nendorsement of license shall operate to cancel the license.\n
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