GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 2
SENATE BILL 504
Commerce Committee Substitute Adopted 4/23/15
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Short Title: Mobile Beauty Salons. |
(Public) |
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Sponsors: |
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Referred to: |
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March 26, 2015
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.
(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.
"§ 88B‑20. Fees required.
(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 schoolshop, school, or mobile salon shall be
conspicuously posted in the shop or schoolshop, 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 schoolshop, 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 schoolshop, 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 schoolshop, 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 schoolshop, 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, 2015.