Bill Text: CA SB896 | 2015-2016 | Regular Session | Enrolled
Bill Title: Barbering and cosmetology: nail care establishments: credit and debit cards.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB896 Detail]
Download: California-2015-SB896-Enrolled.html
BILL NUMBER: SB 896 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE MAY 23, 2016
AMENDED IN SENATE APRIL 25, 2016
AMENDED IN SENATE MARCH 17, 2016
INTRODUCED BY Senator Nguyen
(Coauthor: Senator Mendoza)
(Coauthors: Assembly Members Chiu and Gonzalez)
JANUARY 21, 2016
An act to add Section 7353.5 to the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 896, Nguyen. Barbering and cosmetology: nail care
establishments: credit and debit cards.
Existing law, the Barbering and Cosmetology Act, provides for the
licensure and regulation of barbers, cosmetologists, estheticians,
manicurists, electrologists, and apprentices by the State Board of
Barbering and Cosmetology. The act requires the licensure of any
person, firm, or corporation operating an establishment engaged in a
practice regulated by the board, as specified, and requires a
licensed establishment to comply with various requirements. A
violation of the Barbering and Cosmetology Act is generally a
misdemeanor.
Existing law declares that every gratuity, as defined, is the
sole property of the employee or employees to whom it was paid,
given, or left for. Existing law prohibits an employer from
collecting, taking, or receiving any gratuity, or part thereof, that
is paid, given to, or left for an employee by a patron, from
deducting any amount from wages due an employee on account of a
gratuity, or requiring an employee to credit the amount, or any part
thereof, of a gratuity against and as part of the wages due an
employee. Existing law also requires an employer that permits patrons
to pay gratuities by credit card to pay the employee the full amount
of the gratuity without any deductions for any credit card payment
processing or costs, and to pay a gratuity made by a patron using a
credit card to an employee not later than the next regular payday.
This bill would require an establishment offering nail care
services, if it accepts a debit or credit card as payment for nail
care services, to also accept a debit or credit card for payment of a
tip or gratuity, consistent with the above existing law regarding
gratuities. By expanding the scope of the criminal penalty provisions
of the Barbering and Cosmetology Act, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7353.5 is added to the Business and Professions
Code, to read:
7353.5. If an establishment offering nail care services accepts a
debit or credit card as payment for nail care services, the
establishment shall also accept a debit or credit card for payment of
a tip or gratuity, consistent with Section 351 of the Labor Code.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
