Bill Text: NC S382 | 2017-2018 | Regular Session | Introduced
Bill Title: Mobile Beauty Salons
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2017-03-27 - Ref To Com On Rules and Operations of the Senate [S382 Detail]
Download: North_Carolina-2017-S382-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S D
SENATE BILL DRS45260-MQf-91 (03/16)
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Short Title: Mobile Beauty Salons. |
(Public) |
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Sponsors: |
Senators Krawiec, Gunn, and Dunn (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to provide for licensure of mobile beauty salons and to ensure the safe and hygienic operation thereof.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 88B of the General Statutes reads as rewritten:
"Chapter 88B.
"Cosmetic Art.
…
"§ 88B‑2. Definitions.
The following definitions apply in this Chapter:
(1) Apprentice. – A person who is not a manager or operator and who is engaged in learning the practice of cosmetic art under the direction and supervision of a cosmetologist.
(2) Board. – The North Carolina Board of Cosmetic Art Examiners.
(3) Booth. – A workstation located within a licensed cosmetic art shop that is operated primarily by one individual in performing cosmetic art services for consumers.
(4) Booth renter. – A person who rents a booth in a cosmetic art shop.
(5) Cosmetic art. – All or any part or combination of cosmetology, esthetics, natural hair care, or manicuring, including the systematic manipulation with the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands, and feet. Practices included within this subdivision shall not include the practice of massage or bodywork therapy as set forth in Article 36 of Chapter 90 of the General Statutes.
(6) Cosmetic art school. – Any building or part thereof where cosmetic art is taught.
(7) Cosmetic art shop. – Any building or part thereof where cosmetic art is practiced for pay or reward, whether direct or indirect.
(8) Cosmetologist. – Any individual who is licensed to practice all parts of cosmetic art.
(8a)(9) Cosmetology. – The
act of arranging, dressing, curling, waving, cleansing, cutting, singeing,
bleaching, coloring, or similar work upon the hair of a person by any means,
including the use of hands, mechanical or electrical apparatus, or appliances
or by use of cosmetic or chemical preparations or antiseptics.
(9)(10) Cosmetology
teacher. – An individual licensed by the Board to teach all parts of cosmetic
art.
(10)(11) Esthetician. –
An individual licensed by the Board to practice only that part of cosmetic art
that constitutes skin care.
(11)(12) Esthetician
teacher. – An individual licensed by the Board to teach only that part of
cosmetic art that constitutes skin care.
(11a)(13) Esthetics. –
Refers to any of the following practices: giving facials; applying makeup;
performing skin care; removing superfluous hair from the body of a person by
use of creams, tweezers, or waxing; applying eyelashes to a person, including
the application of eyelash extensions, brow or lash color; beautifying the
face, neck, arms, or upper part of the human body by use of cosmetic
preparations, antiseptics, tonics, lotions, or creams; surface manipulation in
relation to skin care; or cleaning or stimulating the face, neck, ears, arms,
hands, bust, torso, legs, or feet of a person by means of hands, devices,
apparatus, or appliances along with the use of cosmetic preparations,
antiseptics, tonics, lotions, or creams.
(12)(14) Manicuring. –
The care and treatment of the fingernails, toenails, cuticles on fingernails
and toenails, and the hands and feet, including the decoration of the
fingernails and the application of nail extensions and artificial nails. The
term "manicuring" shall not include the treatment of pathologic
conditions.
(13)(15) Manicurist. – An
individual licensed by the Board to practice only that part of cosmetic art
that constitutes manicuring.
(14)(16) Manicurist
teacher. – An individual licensed by the Board to teach manicuring.
(17) Mobile salon. – A self‑contained, enclosed mobile unit licensed for the practice of cosmetic art.
(14a)(18) Natural hair
care. – A service that results in tension on hair strands or roots by twisting,
wrapping, extending, or locking hair by hand or mechanical device. For purposes
of this definition, the phrase "natural hair care" shall include the
use of artificial or natural hair.
(14b)(19) Natural hair
care specialist. – An individual licensed by the Board to practice only that part
of cosmetic art that constitutes natural hair care.
(14c)(20) Natural hair
care teacher. – An individual licensed by the Board to teach natural hair care.
(15)(21) Shampooing. –
The application and removal of commonly used, room temperature, liquid hair
cleaning and hair conditioning products. Shampooing does not include the
arranging, dressing, waving, coloring, or other treatment of the hair.
…
"§ 88B‑4. Powers and duties of the Board.
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(b) A member of the Board
shall have the authority to inspect cosmetic art shops shops, mobile
salons, and cosmetic art schools at any reasonable hour to determine
compliance with the provisions of this Chapter if the inspection is made: (i)
at the request of the Board, or with the approval of the chair or the executive
director as the result of a complaint made to the Board or a problem reported
by an inspector, or (ii) at the request of an inspector who deems it necessary
to request the assistance of a Board member and who has the prior approval of
the chair or executive director to do so. A Board member who makes an
inspection pursuant to this subsection shall file a report with the Board
before requesting reimbursement for expenses.
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"§ 88B‑20. Fees required.
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(b) The Board may charge application fees as follows:
(1) Inspection of a newly established cosmetic art shop or mobile salon.. $ 25.00
(2) Reciprocity applicant under G.S. 88B‑13............................................ $ 15.00.
(c) The Board may charge license fees as follows:
(1) Cosmetologist.................................................................. $ 39.00 every 3 years
(2) Apprentice............................................................................... $ 10.00 per year
(3) Esthetician............................................................................... $ 10.00 per year
(4) Manicurist................................................................................ $ 10.00 per year
(4a) Natural hair care specialist....................................................... $ 10.00 per year
(5) Teacher............................................................................ $ 10.00 every 2 years
(6) Cosmetic art shop per active booth........................................... $ 3.00 per year
(6a) Mobile salon............................................................................ $ 25.00 per year
(7) Cosmetic art school................................................................. $ 50.00 per year
(8) Duplicate license.................................................................................... $ 1.00.
(d) The Board may require payment of late fees and reinstatement fees as follows:
(1) Apprentice, cosmetologist, esthetician, manicurist,
natural hair care specialist, and teacher late renewal............................ $ 10.00
(2) Cosmetic art schools and shops and mobile salons late renewal.......... $ 10.00
(3) Reinstatement – cosmetic art schools and shops and mobile salons.... $ 25.00.
(e) The Board may prorate fees as appropriate.
"§ 88B‑21. Renewals; expired licenses; inactive status.
(a) Each license to operate a cosmetic art shop or mobile salon shall be renewed on or before the first day of February of each year. As provided in G.S. 88B‑20, a late fee shall be charged for licenses renewed after February 1. Any license not renewed by March 1 of each year shall expire. A cosmetic art shop or mobile salon whose license has been expired for one year or less shall have the license reinstated immediately upon payment of the reinstatement fee, the late fee, and all unpaid license fees. The licensee shall submit to the Board, as a part of the renewal process, a list of all licensed cosmetologists who practice cosmetic art in the shop or mobile salon and shall identify each as an employee or a booth renter.
…
"§ 88B‑22. Licenses required; criminal penalty.
(a) Except as provided in this Chapter, no person may practice or attempt to practice cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the Board.
(b) Except as provided in
this Chapter, no person may practice cosmetic art or any part of cosmetic art,
for pay or reward in any form, either directly or indirectly, outside of a
licensed cosmetic art shop.shop or mobile salon.
(c) No person may open or
operate a cosmetic art shop or mobile salon in this State unless a
license has been issued by the Board for that shop.shop or mobile salon.
(d) An individual licensed as an esthetician, natural hair care specialist, or manicurist may practice only that part of cosmetic art for which the individual is licensed.
(d1) No person may teach cosmetic art in a Board‑approved cosmetic art school unless the person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the requirements of this subsection upon approval by the Board.
(e) An apprentice licensed
under the provisions of this Chapter shall apprentice under the direct
supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.shop
or mobile salon.
(f) A violation of this Chapter is a Class 3 misdemeanor.
"§ 88B‑23. Licenses to be posted.
(a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist, and teacher licensed under this Chapter shall display the certificate of license issued by the Board within the shop or mobile salon in which the person works.
(b) Every certificate of
license to operate a cosmetic art shop or school shop, school, or
mobile salon shall be conspicuously posted in the shop or school shop,
school, or mobile salon for which it is issued.
…
"§ 88B‑26. Rules to be posted.
(a) The Board shall furnish
a copy of its rules relating to sanitary management of cosmetic art shops
and shops, cosmetic art schools schools, and mobile salons
to each shop and school shop, school, and mobile salon licensed
by the Board. Each shop and school shop, school, and mobile salon shall
post the rules in a conspicuous place.
…
"§ 88B‑27. Inspections.
Any inspector or other authorized
representative of the Board may enter any cosmetic art shop or school shop,
school, or mobile salon to inspect it for compliance with this Chapter and
the Board's rules. All persons practicing cosmetic art in a shop or school shop,
school, or mobile salon shall, upon request, present satisfactory proof of
identification. Satisfactory proof shall be in the form of a photographic
driver's license or photographic identification card issued by any state,
federal, or other government entity. The Board may require a cosmetic art shop
or school shop, school, or mobile salon to be inspected as a
condition for license renewal.
…."
SECTION 2. Chapter 88B of the General Statutes is amended by adding a new section to read:
"§ 88B‑15.1. Mobile salons.
(a) A motor home as defined in Article 1 of Chapter 20 of the General Statutes may be used as a mobile salon for the practice of cosmetic art.
(b) The Board shall issue a license to operate a mobile salon to any applicant who submits a properly completed application on a form approved by the Board, pays the required fee, and is determined after inspection to be in compliance with the provisions of this Chapter and the Board's rules.
(c) The Board shall adopt rules for the operation, licensure, and inspection of mobile salons, including standards for facilities, personnel, and safety and sanitary requirements. All licensure and operating requirements provided by this Chapter or by rules adopted by the Board pursuant to this Chapter that apply to cosmetic art shops shall also apply to mobile salons, except to the extent that the requirements conflict with this section or with any rules adopted by the Board pursuant to this section.
(d) In addition to the requirements of this Chapter, individuals and the vehicles they operate while providing mobile salon services shall be subject to the provisions of (i) Chapter 20 of the General Statutes, (ii) Chapter 19A of the North Carolina Administrative Code, (iii) all applicable requirements of the Americans with Disabilities Act, (iv) all applicable OSHA requirements, and (v) all local laws and ordinances regulating business establishments.
(e) A mobile salon must be equipped with a functional sink and toilet facilities and must maintain an adequate supply of clean water and waste water storage capacity.
(f) No cosmetic art or service may be performed in a mobile salon while the salon is moving. The mobile salon must be safely parked in a legal parking spot at all times while patrons are present inside the salon.
(g) A mobile salon owner must maintain a permanent business address at which records of appointments, itineraries, license numbers, and vehicle identification numbers for each mobile salon being operated shall be kept and made available for verification and inspection by the Board and at which all correspondence from the Board can be received.
(h) To facilitate periodic inspections of mobile salons, prior to the beginning of each month, the owner of the salon shall provide to the Board a written monthly itinerary listing locations, dates, and hours of operation for the salon."
SECTION 3. This act becomes effective July 1, 2017.
