Title GBS, General Business

§ 411. Denial of license; complaints; notice of hearing. 1. Denial of\nlicense or registration. The department shall, before making a final\ndetermination to deny an application for a license or registration,\nnotify the applicant in writing of the reasons for such proposed deni…

§ 412. Penalties. 1. The practice of nail specialty, waxing, natural\nhair styling, esthetics or cosmetology without a license or while under\nsuspension or revocation, or in violation of an order directing the\ncessation of unlicensed activity issued by the secretary pursuant t…

§ 413. Judicial review. The action of the secretary in suspending,\nrevoking or refusing to issue or renew a license, or issuing an order\ndirecting the cessation of unlicensed activity or imposing a fine or\nreprimand may be appealed by a proceeding brought under and pursuant t…

§ 414. Official acts used as evidence. The official acts of the\nsecretary and the department shall be prima facie evidence of the facts\ntherein and shall be entitled to be received as evidence on all actions\nat law and other legal proceedings in any court or before any board,…

§ 415. Disposition of moneys. All moneys derived from the operation of\nthis article shall be deposited to the credit of the business and\nlicensing services account established pursuant to section\nninety-seven-y of the state finance law.\n

§ 416. Application of article. 1. This article shall not apply to or\naffect the practice of the profession by duly licensed physicians,\nosteopaths, dentists, optometrists, nurses or physiotherapists.\n 2. This article shall not apply to, affect or prevent home\nadministration,…

§ 417. Separability clause. If any part or provision of this article\nor the application thereof to any person or circumstance be adjudged\ninvalid by any court of competent jurisdiction, such judgment shall be\nconfined in its operation to the part, provision or application dir…

§ 418. Short title. This article shall be known and may be cited as\nthe "coin processor licensing act".\n

§ 419. Definitions. When used in this article:\n 1. The term "applicant" means a coin processor who has filed an\napplication with the department for a license.\n 2. The term "coin processor" means any individual, partnership,\nassociation or corporation engaged in the business …

§ 42. Action on bond. If any person shall be aggrieved by the\nmisconduct of any such licensed collateral loan broker, and shall\nrecover judgment against him therefor, such person may, after the return\nunsatisfied, either in whole or in part, of any execution issued upon\nsaid…

§ 420. Doing business without license prohibited. No coin processor\nshall operate in the state except as authorized by this article and\nwithout first being licensed by the department. All coin processors\noperating in the state after the effective date of this article shall\nb…

§ 421. Application for licenses. 1. Application for a license required\nunder this article shall be in writing, under oath, and in the form\nprescribed by the secretary, and shall contain the following:\n a. The exact name and the address of the applicant and its date of\nincorp…

§ 422. Conditions precedent to licensing. Upon filing of an\napplication for a license, if the secretary shall be satisfied of the\ngood character, competency and integrity of the applicant, and of the\nprincipals and officers thereof are such as to comply with the\nprovisions o…

§ 423. Licensing. 1. Each license issued under this article shall\nstate the address or addresses at which the business is to be conducted\nand shall state fully the name of the licensee, and the date and place\nof its incorporation and the expiration date of the license. A copy…

§ 424. Grounds for denial, suspension or revocation of license;\nprocedure. 1. The secretary shall have the power to suspend or revoke a\nlicense or, in lieu thereof, to impose a fine not exceeding one thousand\ndollars payable to the department, or reprimand any licensee or den…

§ 425. Insurance. 1. Every coin processor shall obtain a minimum of\nten million dollars all risk insurance coverage and such additional\namounts as are sufficient to cover the value of coins consigned to such\ncoin processor for counting. In addition, each such coin processor s…

§ 426. Violations and penalties. 1. Any person, partnership,\nassociation or corporation and the several members, principals,\nofficers, directors, agents and employees thereof, who knowingly and\nwillfully makes material misstatements in the application for a renewal\nof a lice…

§ 427. Preemption. 1. The provisions of this article shall exclusively\ngovern all coin processors notwithstanding the provisions of any other\nlaw to the contrary and further, no local law shall be enacted which\nshall require any fee or license for the licensure or registratio…

§ 428. Regulations. The secretary is hereby authorized and empowered\nto make such rules and regulations necessary for the proper conduct of\nthe business authorized under this article, and not inconsistent\nherewith.\n

§ 429. Separability. In the event it is determined by a court of\ncompetent jurisdiction that any phrase, clause, part, subdivision,\nparagraph or section, or any of the provisions of this article is\nunconstitutional or otherwise invalid or inoperative, such determination\nshal…

§ 43. Certain entries to be made in book. Every such collateral loan\nbroker shall keep a book in which shall be fairly written, at the time\nof such loan, an account and description of the goods, articles or\nthings pawned or pledged, the amount of money loaned thereon, the tim…

§ 430. Purpose of article. The need for technical skill, training and\nexperience, good health, good moral character and other fundamental\nqualities and qualifications in persons engaged in the practice of\nbarbering, as herein defined, having been unquestionably established an…

§ 431. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Department" means the department of state.\n 2. "Person" means an individual, firm, company, partnership or\ncorporation.\n 3. "Barber" means a person who engages in the practice of barber…

§ 432. Practice of barbering; license required; apprentices. No\nperson shall engage for compensation in the practice of barbering and no\nperson shall maintain or operate a barber shop after October first,\nnineteen hundred forty-seven, or hold himself out as being able so to d…

§ 433. Powers of the secretary of state. In addition to the powers and\nduties elsewhere prescribed in this article, the secretary of state\nshall have power: 1. To appoint an adequate number of assistants,\ninspectors and other employees as may be necessary to carry out the\npr…

§ 434. License after examination; application to take. 1. Any person\nover the age of seventeen years, desiring a license to engage in the\npractice of barbering under this article, may make application to the\nsecretary of state therefor. The application shall be subscribed and…

§ 435. License without examination; temporary licenses. 1. Any person\nover the age of seventeen years who shall present to the secretary of\nstate satisfactory evidence that he has been actually engaged in the\npractice of barbering in this state for at least one year within th…

§ 436. Sanitary rules. All barber shops shall be maintained and\noperated in accordance with the provisions of the state sanitary code,\nexcept in the city of New York where the city health code shall apply,\nand all licensees or persons employed or engaged therein or in\nconnec…

§ 437. Apprentices. 1. Each applicant for a certificate of\nregistration as an apprentice shall make an application which shall\ninclude the physician's certificate required by paragraph (c) and the\ncertificate of completion required by paragraph (e-1) of subdivision one\nof se…

§ 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\noperate…

§ 439. Licenses; display; renewal; duplicates.\n 1. All licenses, except temporary licenses, shall be for a period of\nfour years.\n 2. No license or certificate shall be assignable or transferable\nexcept as hereinafter provided.\n 2-a. A license to conduct a barber shop issued…

§ 44. Memorandum to be given. 1. Every such collateral loan broker\nshall at the time of each loan deliver to the person pawning or pledging\nany goods, article or thing, a memorandum or note signed by him\ncontaining the substance of the entry required to be made in his book by…

§ 440. Fees. 1. The fee for a license to engage in the practice of\nbarbering shall be forty dollars and for each renewal thereof the fee\nshall be forty dollars.\n 2. The fee for a license to conduct a barber shop shall be sixty\ndollars and for each renewal thereof the fee sha…

§ 441. Suspension and revocation of licenses and certificates. (a) A\nlicense to engage in the practice of barbering or to conduct a barber\nshop or a certificate of an apprentice may be suspended or revoked or in\nlieu thereof a fine not exceeding five hundred dollars payable t…

§ 442. Hearing on charges; decision. No license or certificate shall\nbe suspended or revoked or any fine or reprimand imposed upon the holder\nthereof until after a hearing had before an officer or employee of the\ndepartment designated for such purpose by the secretary of stat…

§ 443. Judicial review. The action of the secretary of state in\nsuspending, revoking or refusing to issue or renew a license or\ncertificate or imposing any fine or reprimand upon the holder thereof\nmay be reviewed by a proceeding brought under and pursuant to article\nseventy…

§ 444. Violations and penalties. Any person who shall directly or\nindirectly engage in the practice of barbering or hold himself out to\nthe public as being able so to do, or conduct a barber shop without a\nlicense therefor, or who shall violate any of the provisions of this\n…

§ 444-a. Official acts used as evidence. The official acts of the\nsecretary of state and department, shall be prima facie evidence of the\nfacts therein and shall be entitled to be received in evidence in all\nactions at law and other legal proceedings in any court or before an…

§ 445. Disposition of moneys derived from operation of article. All\nmoneys derived from the operation of this article shall be deposited to\nthe credit of the business and licensing services account established\npursuant to section ninety-seven-y of the state finance law.\n

§ 446. Application of article. 1. This article shall not apply to or\naffect the practice of their professions by duly licensed physicians,\nosteopaths, dentists, optometrists, nurses or physiotherapists, or to\nthe practice of their vocations by hairdressers or cosmetologists, …

§ 447. Separability clause. If any part or provision of this article\nor the application thereof to any person or circumstances be adjudged\ninvalid by any court of competent jurisdiction, such judgment shall be\nconfined in its operation to the part, provision or application di…

§ 45. Book to be open to inspection. The said book and any and all\nother books and records regularly kept by such collateral loan broker\nshall at all reasonable times be open to the inspection of the attorney\ngeneral, the state comptroller, the mayor or local licensing author…

§ 450. Unlawful acts relating to sales of cemetery property. The sale\nor procuring any agreement for sale of cemetery lots or plots, or of\ncrypts or niches in a community mausoleum, or niches in a columbarium or\ncrematorium, upon the promise, representation or inducement of r…

§ 450-a. Unauthorized sale of cemetery markers and flag holders.\nExcept for a veterans' organization, those businesses which normally\ncarry on such trade, or are authorized by veterans' organizations to do\nso, it shall be unlawful for any person, firm, association or\ncorpora…

§ 451. Cemetery to state true location. Any cemetery corporation or\nemployee or agent thereof that shall advertise in a newspaper, magazine\nor other publication or in the form of a book, notice, circular,\npamphlet, letter, poster, card, or over any radio station, or in any\no…

§ 452. Unauthorized charges in connection with permits for burials or\nerection of monuments. It shall be unlawful for a society or fraternal\norganization or a representative thereof to obtain, receive or exact or\nattempt to obtain, receive or exact, a fee or thing of value in…

§ 453. Moneys paid in connection with agreements for funeral\nmerchandise or services in advance of need to be kept on deposit pending\nuse or repayment. 1. (a) Any and all moneys paid to a funeral firm,\nfuneral director, undertaker, cemetery, or any other person, firm or\ncorp…

§ 454. Sale of monuments and memorials. 1. Definitions. As used in\nthis section, the following words shall have the following meanings:\n (a) "Consumer" means any natural person who is solicited to purchase\nor who purchases a memorial. The term shall not include a person makin…

§ 454-a. Unsolicited offers for monuments or memorials. 1. (a) Except\nas provided in paragraph (b) of this subdivision, it shall be unlawful\nto provide any offer for monuments or memorials by mail unless such\noffer has first been solicited by the individual to which it is sen…

§ 455. Definitions. 1. Budget planning, as used in this article, means\nthe making of a contract between a person or entity engaged in the\nbusiness of budget planning with a particular debtor whereby (i) the\ndebtor agrees to pay a sum or sums of money in any manner or form and…