Sec. 76.4. Branch offices

(a) A branch office of a drivers' school is an office in a building other than the main office, utilizing the same business name, where some of the business functions of the drivers' school are transacted. A drivers' school desiring to open one or more branch offices must do so by filing an application for permission to operate a branch office. If the application is approved, the commissioner will issue a branch office license which must be permanently displayed in such office at all times. Such branch office license will be issued for a period expiring at the same time as the license of such drivers' school; and for the issuance and each renewal thereof there shall be paid a fee of $1.50 for each full year or any part thereof.

(b) Where the applicant for a branch office is conducting business under an assumed name, and the branch office is to be located in a county other than that in which the business is presently located, the applicant must submit with his application a copy of the certificate of assumed business name, certified by the clerk of the county in which such branch office is to be located, or a copy of the filing receipt obtained from the Secretary of State's office.

(c) No branch office may be removed to a new location without prior permission from the commissioner. If a branch office is discontinued, the license must be surrendered within 10 days after termination of business to the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York which issued such license, together with all certificates of instructors, if any, whose employment by or association with the licensee has been terminated upon the discontinuance of such branch office; there should also be filed a notice on form MV-526 signed by the school manager for each and every instructor whose certificate is so voided, setting forth his name, address and certificate number and the total amount of logged time rendered by such instructor in behind-the-wheel instruction for the account of the school.

(d) Each branch office must be equipped to, and shall, perform at such location substantially the same services as are supplied at the principal place of business.

(e) No branch office license will be issued unless there shall be designated in the application therefor a manager of such branch who shall not be the manager of the main office or of another branch. However, in the case of an individual proprietorship, the proprietor, and in the case of a partnership, one of the partners, if to be actively engaged as the manager of such branch, as certified by the application for such branch license, may be designated as such branch manager.

(f) The issuance of any branch license shall be subject to each and every of the same requirements and conditions as are set forth in section 76.2 of this Part.