Gov. Cuomo signed legislation Wednesday that makes it a crime to skip out on barbers and beauticians, closing a loophole that bedeviled the small businesses for years.
Previously, not paying for a service, such as a haircut, was not a crime under the state Penal Code. The new law makes it a Class A misdemeanor to get a haircut or other service from a barber shop, beauty shop or salon without settling the bill.
“Beauty salons and barber shops are no different than other small businesses whose livelihoods depend on the support of their communities,” Cuomo said in a statement.
“This legislation closes a nonsensical loophole [and] gives these businesses equal protection under the law once and for all.”
Both legislative chambers in Albany passed the bill with little controversy during their most recent session.
Those convicted of bilking their haircutters will now face up to a year in jail or three years’ probation and a fine of $1,000.
“I’m delighted to see that legislators are continuing to push the ideas that I championed during my tenure in the New York state Senate,” said Rep. Adriano Espaillat (D-Manhattan), who left his state office nearly two years ago when elected to Congress.
“Shop owners work hard and usually on a razor-thin margin to stay within their monthly budgets. They cannot afford to have shoplifters walk out of their establishments with merchandise, products or services.”
The bill was carried in the state Senate by Espaillat’s replacement, Marisol Alcantara (D-Manhattan), and in the Assembly by Alicia Hyndman (D-Queens).
The startling loophole in the Penal Code got renewed attention in part thanks to a story in an upstate newspaper about a customer who walked out on a $130 beauty-salon tab.
The customer claimed she didn’t bring enough cash and promised to return with the money.
When she didn’t, owner Wolters Tejera tried to file charges — only to learn there was nothing that could be done under the then-law.
“Why is this any different from a restaurant?” Tejera asked the Olean Times Herald in January.
“You’re consuming something that we have to pay for. At a restaurant, you’re eating the food, so if you eat the food you can’t return the food and then leave.”
