No person shall operate or maintain a hairdressing or cosmetology shop or establishment or engage in the practice of hairdressing or cosmetology in the city without having obtained and having in full force and effect a license from the Health Officer issued pursuant to the provisions of this article.
A. 
For the purpose of this article, the following terms shall have the meanings indicated in this section:
COSMETOLOGIST
Any person who with hands or mechanical or electric apparatus or appliance or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams engages for compensation in any one or any combination of the practice of massaging, cleansing, stimulating, manipulating, exercising, beautifying or doing other similar work on the scalp, face, neck, arms, bust or upper part of the body of removing superfluous hair by the use of electricity or otherwise, of any female, or manicuring the nails of a male or female, or massaging the scalp, face or neck of a male or female.
HAIRDRESSER
Any person who, except while engaged in demonstrating the use of any machine and/or process used, or designed to be used in the practice of either or both of the professions of cosmetology or hairdressing, engages for compensation in any one or any combination of the practice of cutting, curling, trimming, singeing, bleaching, coloring, waving or doing other similar work on the hair of any female, or cleansing or treating the hair or scalp of a male or female.
HAIRDRESSING OR COSMETOLOGY SHOP OR ESTABLISHMENT
All premises upon which the business of hairdressing or cosmetology is practiced or carried on, or the portion of such premises so used, or wherein any person represents to the public that the occupation or business of hairdressing or cosmetology is conducted or carried on.
B. 
The above definitions shall not be construed to include the following classes: licensed physicians, osteopaths, nurses, dentists, optometrists and those engaged as physiotherapists or barbers, and this article shall not be construed to affect the practice of barbering as it is now conducted in the barber shops within the city within the commonly accepted meaning of such terms or in the operation of such barber shops.
A. 
Any person desiring to engage in the practice of hairdressing or cosmetology in the city shall make application therefor 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 hairdresser's and/or cosmetologist'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 hairdresser's or cosmetologist's license to practice hairdressing or cosmetology 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 to operate or maintain a hairdressing or cosmetology establishment in the city shall make application for a license therefor to the Health Officer and shall submit therewith a certificate containing the same information as contained in Subsection A herein except that the license referred to shall be a state license to operate and maintain a hairdressing or cosmetology establishment.
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 hairdressing or cosmetology to such person, which license shall expire on the 31st day of December after date of issue.
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 temporary license for the practice of hairdressing or cosmetology 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 to such person a license for the maintenance and operation of a hairdressing or cosmetology establishment or shop, for which a permit has been obtained pursuant to the provisions of Chapter 350 entitled "Zoning," which license shall expire on the 31st day of December after date of issue.
D. 
Renewal of licenses shall be issued under the same terms and conditions as hereinabove stated.
All persons licensed pursuant to this article shall conform to the following regulations:
A. 
Shall not practice hairdressing or cosmetology 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 or her business.
E. 
Shall not use fraud or bribery in securing license.
F. 
Shall not be guilty of gross malpractice or gross incompetence.
G. 
Shall post and keep posted in a conspicuous place in the room where he or she practices hairdressing or cosmetology the licenses required by this article.
H. 
Shall obey all of the rules and regulations of the Public Health Law and Sanitary Code of the State of New York relating to the practice of hairdressing or cosmetology and maintenance or operation of hairdressing or cosmetology establishments or shops, and all ordinances of the City Council relative thereto.
I. 
Shall not maintain or operate a hairdressing or cosmetology establishment or shop in which any person practices hairdressing or cosmetology without having procured a license pursuant to this article.
J. 
Shall not engage in the practice of hairdressing or cosmetology on Sunday except on works of necessity or charity as provided in § 5 of the General Business Law.
The Health Officer may revoke any license issued pursuant to this article summarily in his discretion, upon satisfactory proof being filed with him that the holder of such license has been convicted of a violation of any of the provisions of this article or the Sanitary Code or Public Health Law of the State of New York.
[Amended by Ord. No. 82-14, eff. 4-7-1982; Ord. No. 82-20, eff. 5-5-1982]
A. 
Hairdresser and/or cosmetologist license: $5.
B. 
Hairdresser and/or cosmetologist temporary license: $5.
C. 
Hairdressing and/or cosmetology establishment or shop license: $5; which fee shall cover the right to maintain such shop or establishment and one proprietor, the fee for each additional proprietor to be $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.