N.Y. General Business Law Section 408

  • display
  • renewal
  • duplicates


All licenses shall expire four years from the date of issuance.


No license shall be assignable or transferrable except pursuant to the provisions of this article.


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.


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.


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.


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.


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.


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.


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.


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 § 410 (Administration)section four hundred ten of this article.


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.

Source: Section 408 — Licenses; display; renewal; duplicates, https://www.­nysenate.­gov/legislation/laws/GBS/408 (updated Jun. 19, 2020; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Jun. 19, 2020

§ 408’s source at nysenate​.gov

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