No person shall engage in the practice of barbering in the city unless licensed by the Health Officer pursuant to this article.
A. 
For the purpose of this article, all persons who for compensation, engage in any one or any combination of the following practices performed upon the head or neck of the human body for cosmetic purposes and not for treatment of disease or physical or mental ailments, are engaged in the practice of barbering:
(1) 
Shaving, trimming the beard or cutting hair.
(2) 
Giving facial or scalp massage with oils, creams, lotions or other preparations either by hand or mechanical appliances pertaining to barbering.
(3) 
Singeing, shampooing or drying the hair or applying hair tonic.
(4) 
Applying cosmetic preparations, antiseptic powders, oils, clays or lotion to face, scalp or neck.
B. 
The above definition shall not be construed to include the following classes of persons: licensed physicians, osteopaths, nurses, dentists, optometrists and those engaged as licensed physiotherapists, cosmetologists or hair dressers, and this article shall not be construed to affect the practice of hairdressing or cosmetology as it is now conducted in beauty shops within the commonly accepted meaning of such terms or the operation of beauty shops or beauty culture schools.
A. 
Any person desiring a barber's license to engage in the practice of barbering in the city shall apply in writing to the Health Officer and shall submit therewith a certificate containing the following information:
(1) 
Date of issuance, number and expiration date of New York State barber's license of applicant.
(2) 
That the applicant is free of any infectious or communicable disease.
(3) 
That the applicant's state license is in full force and effect and has not been suspended or revoked.
B. 
Any person desiring a temporary barber's license to engage in the practice of barbering in the city shall apply in writing to the Health Officer and shall supply the same information as required in Subsection A herein except that the license certified to shall be a temporary license.
C. 
Any person desiring an apprentice barber's license to engage in the practice of barbering in the city shall apply in writing to the Health Officer and shall supply the same information as required in Subsection A herein except that the license referred to therein shall be a certificate of registration issued by the Secretary of State.
A. 
Upon the determination of the Health Officer that the facts certified in the application are true and upon the payment of the fee prescribed by this article, the Health Officer shall issue a license to practice barbering to such person, which license shall expire on the next following 31st day of December in the odd-numbered years.
B. 
Upon the determination of the Health Officer that the facts certified in the application are true and upon payment of the fee prescribed by this article, the Health Officer shall issue a barber's temporary license to such person, which license shall expire 30 days after date of issue.
C. 
Upon the determination of the Health Officer that the facts certified in the application are true and upon payment of the fee prescribed by this article, the Health Officer shall issue a barber's apprentice license to such person, which license shall expire on the next following 31st day of December in the odd-numbered years, which apprentice license shall be issued on the express condition that such person shall work at the practice of barbering only as an employee under the personal direction and supervision of a licensed barber.
D. 
All licenses issued pursuant to this article shall be subject to revocation as hereinafter provided, and a record of all licenses so issued shall be kept in the office of the Public Health Department.
All persons licensed pursuant to this article shall conform to the following regulations:
A. 
Shall not practice barbering while having a communicable disease.
B. 
Shall not habitually use a habit forming drug.
C. 
Shall not be an habitual drunkard.
D. 
Shall not be guilty of immoral or unprofessional conduct in the prosecution of his business.
E. 
Shall not use fraud or bribery in securing a license.
F. 
Shall not be guilty of gross malpractice or gross incompetence.
G. 
Shall not use a room for the practice of barbering not permitted by law.
H. 
Shall post and keep posted in a conspicuous place in the room where he practices barbering the license required by this chapter.
I. 
Shall obey all the rules and regulations of the Public Health Law and Sanitary Code of the State of New York and of the Health Officer of the city relating to barber shops and ordinances of the City Council relating to the practice of barbering.
J. 
Shall not engage in the practice of barbering on the first day of the week commonly called "Sunday."
K. 
The clear interior view of every room in which the practice of barbering is carried on shall in no way be obstructed by a screen, nontransparent glass, shade, blind, door, shutters, merchandise or other articles during hours of business.
L. 
It shall be unlawful for any person to conduct a barber shop, barber school or barber college within the city.
M. 
Every such establishment and each room used for barber purposes shall be provided with hot and cold running water; a wash basin of nonabsorbent material properly trapped and sewer connected shall be provided for use only for barber purposes.
N. 
All shades shall be up after working hours in every establishment and each room used for barber purposes.
A. 
The Health Officer may revoke any licenses issued or renewed by him pursuant to this article summarily in his discretion upon satisfactory proof being filed and without a hearing, that the holder of such license has been convicted of a violation of any of the provisions of this article or of the Sanitary Code of the State of New York relating to barber shops.
B. 
The Health Officer may after written notice to the licensee and an opportunity to be heard, revoke or suspend any license issued or renewed by him pursuant to this article or of the Sanitary Code of the State of New York.
No person employing barbers or apprentices in the business of barbering in the city shall employ a barber or an apprentice who is not licensed to engage in said business in the city in accordance with this article.
The use of any room for barbering and beauty culture which is also used for residential or business purposes (except the sale of hair tonic, lotions, creams, cutlery, toilet articles, cigars, tobacco, confectionery and such commodities as are used and sold in barber shops) is prohibited unless a substantial partition of ceiling height separates the portion used for residential or business purposes.
[Amended by Ord. No. 82-16, eff. 4-7-1981]
Fees for licenses which shall be paid to the Public Health Department are as follows:
A. 
Barber's license: $5.
B. 
Barber's apprentice license: $5.
C. 
Barber's temporary license: $5.
D. 
Renewal of barber's license and barber's apprentice license: $5.
[Amended by Ord. No. 72-12, eff. 7-5-1972]
Any violation of either this article or chapter, as the case may be, shall be punishable as provided in § 1-17 of Chapter 1, entitled "General Provisions," of this Code.