H.B. 590
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 15, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30205-NBf-37
Short Title: Mobile Barbershops/Mobile Salons. (Public)
Sponsors: Representative Gailliard.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AUTHORIZE MOBILE SALONS FOR THE PRACTICE OF COSMETIC ART
3 AND MOBILE BARBERSHOPS FOR THE PRACTICE OF BARBERING.
4 The General Assembly of North Carolina enacts:
5
6 PART I. COSMETIC ART MOBILE SALONS
7 SECTION 1.(a) Chapter 88B of the General Statutes reads as rewritten:
8 "Chapter 88B.
9 "Cosmetic Art.
10 …
11 "§ 88B-2. Definitions.
12 The following definitions apply in this Chapter:
13 …
14 (8a)(9) Cosmetology. – The act of arranging, dressing, curling, waving, cleansing,
15 cutting, singeing, bleaching, coloring, or similar work upon the hair of a
16 person by any means, including the use of hands, mechanical or electrical
17 apparatus, or appliances or by use of cosmetic or chemical preparations or
18 antiseptics.
19 (9)(10) Cosmetology teacher. – An individual licensed by the Board to teach all parts
20 of cosmetic art.
21 (10)(11) Esthetician. – An individual licensed by the Board to practice only that part of
22 cosmetic art that constitutes skin care.
23 (11)(12) Esthetician teacher. – An individual licensed by the Board to teach only that
24 part of cosmetic art that constitutes skin care.
25 (11a)(13) Esthetics. – Refers to any of the following practices: giving facials; applying
26 makeup; performing skin care; removing superfluous hair from the body of a
27 person by use of creams, tweezers, or waxing; applying eyelashes to a person,
28 including the application of eyelash extensions, brow or lash color;
29 beautifying the face, neck, arms, or upper part of the human body by use of
30 cosmetic preparations, antiseptics, tonics, lotions, or creams; surface
31 manipulation in relation to skin care; or cleaning or stimulating the face, neck,
32 ears, arms, hands, bust, torso, legs, or feet of a person by means of hands,
33 devices, apparatus, or appliances along with the use of cosmetic preparations,
34 antiseptics, tonics, lotions, or creams.
35 (12)(14) Manicuring. – The care and treatment of the fingernails, toenails, cuticles on
36 fingernails and toenails, and the hands and feet, including the decoration of
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1 the fingernails and the application of nail extensions and artificial nails. The
2 term "manicuring" shall not include the treatment of pathologic conditions.
3 (13)(15) Manicurist. – An individual licensed by the Board to practice only that part of
4 cosmetic art that constitutes manicuring.
5 (14)(16) Manicurist teacher. – An individual licensed by the Board to teach
6 manicuring.
7 (17) Mobile salon. – A self-contained, enclosed mobile unit licensed for the
8 practice of cosmetic art.
9 (14a)(18) Natural hair care. – A service that results in tension on hair strands or roots by
10 twisting, wrapping, extending, or locking hair by hand or mechanical device.
11 For purposes of this definition, the phrase "natural hair care" shall include the
12 use of artificial or natural hair.
13 (14b)(19) Natural hair care specialist. – An individual licensed by the Board to practice
14 only that part of cosmetic art that constitutes natural hair care.
15 (14c)(20) Natural hair care teacher. – An individual licensed by the Board to teach
16 natural hair care.
17 (15)(21) Shampooing. – The application and removal of commonly used, room
18 temperature, liquid hair cleaning and hair conditioning products. Shampooing
19 does not include the arranging, dressing, waving, coloring, or other treatment
20 of the hair.
21 …
22 "§ 88B-4. Powers and duties of the Board.
23 …
24 (b) A member of the Board shall have the authority to inspect cosmetic art shops shops,
25 mobile salons, and cosmetic art schools at any reasonable hour to determine compliance with the
26 provisions of this Chapter if the inspection is made: (i) at the request of the Board, or with the
27 approval of the chair or the executive director as the result of a complaint made to the Board or
28 a problem reported by an inspector, or (ii) at the request of an inspector who deems it necessary
29 to request the assistance of a Board member and who has the prior approval of the chair or
30 executive director to do so. A Board member who makes an inspection pursuant to this subsection
31 shall file a report with the Board before requesting reimbursement for expenses.
32 …
33 "§ 88B-20. Fees required.
34 …
35 (b) The Board may charge application fees as follows:
36 (1) Inspection of a newly established cosmetic art shop or
37 mobile salon ........................................................................................ $ 25.00
38 (2) Reciprocity applicant under G.S. 88B-13 ........................................... $ 15.00.
39 (c) The Board may charge license fees as follows:
40 (1) Cosmetologist..................................................................$ 39.00 every 3 years
41 (2) Apprentice ............................................................................... $ 10.00 per year
42 (3) Esthetician ............................................................................... $ 10.00 per year
43 (4) Manicurist ............................................................................... $ 10.00 per year
44 (4a) Natural hair care specialist ...................................................... $ 10.00 per year
45 (5) Teacher ............................................................................$ 10.00 every 2 years
46 (6) Cosmetic art shop per active booth ........................................... $ 3.00 per year
47 (6a) Mobile salon ............................................................................ $ 25.00 per year
48 (7) Cosmetic art school ................................................................. $ 50.00 per year
49 (8) Duplicate license ................................................................................... $ 1.00.
50 (d) The Board may require payment of late fees and reinstatement fees as follows:
51 (1) Apprentice, cosmetologist, esthetician, manicurist,
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1 natural hair care specialist, and teacher late renewal .......................... $ 10.00
2 (2) Cosmetic art schools and shops and mobile salons late
3 renewal ................................................................................................ $ 10.00
4 (3) Reinstatement – cosmetic art schools and shops and
5 mobile salons....................................................................................... $ 25.00.
6 (e) The Board may prorate fees as appropriate.
7 "§ 88B-21. Renewals; expired licenses; inactive status.
8 (a) Each license to operate a cosmetic art shop or mobile salon shall be renewed on or
9 before the first day of February of each year. As provided in G.S. 88B-20, a late fee shall be
10 charged for licenses renewed after February 1. Any license not renewed by March 1 of each year
11 shall expire. A cosmetic art shop or mobile salon whose license has been expired for one year or
12 less shall have the license reinstated immediately upon payment of the reinstatement fee, the late
13 fee, and all unpaid license fees. The licensee shall submit to the Board, as a part of the renewal
14 process, a list of all licensed cosmetologists who practice cosmetic art in the shop or mobile salon
15 and shall identify each as an employee or a booth renter.
16 …
17 "§ 88B-22. Licenses required; criminal penalty.
18 (a) Except as provided in this Chapter, no person may practice or attempt to practice
19 cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed
20 as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the
21 Board.
22 (b) Except as provided in this Chapter, no person may practice cosmetic art or any part
23 of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed
24 cosmetic art shop.shop or mobile salon.
25 (c) No person may open or operate a cosmetic art shop or mobile salon in this State unless
26 a license has been issued by the Board for that shop.shop or mobile salon.
27 (d) An individual licensed as an esthetician, natural hair care specialist, or manicurist
28 may practice only that part of cosmetic art for which the individual is licensed.
29 (d1) No person may teach cosmetic art in a Board-approved cosmetic art school unless the
30 person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the
31 requirements of this subsection upon approval by the Board.
32 (e) An apprentice licensed under the provisions of this Chapter shall apprentice under the
33 direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.shop
34 or mobile salon.
35 (f) A violation of this Chapter is a Class 3 misdemeanor.
36 "§ 88B-23. Licenses to be posted.
37 (a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist,
38 and teacher licensed under this Chapter shall display the certificate of license issued by the Board
39 within the shop or mobile salon in which the person works.
40 (b) Every certificate of license to operate a cosmetic art shop or school shop, school, or
41 mobile salon shall be conspicuously posted in the shop or school shop, school, or mobile salon
42 for which it is issued.
43 …
44 "§ 88B-26. Rules to be posted.
45 (a) The Board shall furnish a copy of its rules relating to sanitary management of
46 cosmetic art shops and shops, cosmetic art schools schools, and mobile salons to each shop and
47 school shop, school, and mobile salon licensed by the Board. Each shop and school shop, school,
48 and mobile salon shall post the rules in a conspicuous place.
49 …
50 "§ 88B-27. Inspections.
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1 Any inspector or other authorized representative of the Board may enter any cosmetic art
2 shop or school shop, school, or mobile salon to inspect it for compliance with this Chapter and
3 the Board's rules. All persons practicing cosmetic art in a shop or school shop, school, or mobile
4 salon shall, upon request, present satisfactory proof of identification. Satisfactory proof shall be
5 in the form of a photographic driver's license or photographic identification card issued by any
6 state, federal, or other government entity. The Board may require a cosmetic art shop or school
7 shop, school, or mobile salon to be inspected as a condition for license renewal.
8 …."
9 SECTION 1.(b) Chapter 88B of the General Statutes is amended by adding a new
10 section to read:
11 "§ 88B-15.1. Mobile salons.
12 (a) A motor home as defined in Article 1 of Chapter 20 of the General Statutes may be
13 used as a mobile salon for the practice of cosmetic art.
14 (b) The Board shall issue a license to operate a mobile salon to any applicant who submits
15 a properly completed application on a form approved by the Board, pays the required fee, and is
16 determined after inspection to be in compliance with the provisions of this Chapter and the
17 Board's rules.
18 (c) The Board shall adopt rules for the operation, licensure, and inspection of mobile
19 salons, including standards for facilities, personnel, and safety and sanitary requirements. All
20 licensure and operating requirements provided by this Chapter or by rules adopted by the Board
21 pursuant to this Chapter that apply to cosmetic art shops shall also apply to mobile salons, except
22 to the extent that the requirements conflict with this section or with any rules adopted by the
23 Board pursuant to this section.
24 (d) In addition to the requirements of this Chapter, individuals and the vehicles they
25 operate while providing mobile salon services shall be subject to the provisions of (i) Chapter 20
26 of the General Statutes, (ii) Title 19A of the North Carolina Administrative Code, (iii) all
27 applicable OSHA requirements, and (iv) all local laws and ordinances regulating business
28 establishments.
29 (e) A mobile salon must be equipped with a functional sink and toilet facilities and must
30 maintain an adequate supply of clean water and wastewater storage capacity.
31 (f) No cosmetic art or service may be performed in a mobile salon while the salon is
32 moving. The mobile salon must be safely parked in a legal parking spot at all times while patrons
33 are present inside the salon.
34 (g) A mobile salon owner must maintain a permanent business address at which records
35 of appointments, itineraries, license numbers, and vehicle identification numbers for each mobile
36 salon being operated shall be kept and made available for verification and inspection by the Board
37 and at which all correspondence from the Board can be received.
38 (h) To facilitate periodic inspections of mobile salons, prior to the beginning of each
39 month, the owner of the salon shall provide to the Board a written monthly itinerary listing
40 locations, dates, and hours of operation for the salon."
41
42 PART II. MOBILE BARBERSHOPS FOR BARBERING
43 SECTION 2.(a) Chapter 86A of the General Statutes reads as rewritten:
44 "§ 86A-1. Necessity for certificate of registration and shop or school permit.
45 No person or combination of persons shall, either directly or indirectly, practice or attempt
46 to practice barbering in the State of North Carolina without first obtaining a certificate of
47 registration either as a registered apprentice or as a registered barber issued pursuant to provisions
48 of this Chapter by the State Board of Barber Examiners. No person or combination of persons,
49 or corporation, shall operate, manage or attempt to operate or manage a barber school,
50 barbershop, mobile barbershop, or any other place where barber services are rendered, after July
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1 1, 1945, without first obtaining a shop permit, or school permit, issued by the State Board of
2 Barber Examiners, pursuant to the provisions of this Chapter.
3 …
4 "§ 86A-5. Powers and duties of the Board.
5 (a) The Board has the following powers and duties:
6 (1) To see that inspections of mobile barbershops, barbershops and schools are
7 conducted to determine compliance with sanitary regulations. The Board may
8 appoint inspectors as necessary.
9 (2) To adopt sanitary regulations concerning barber schools and shops schools,
10 barbershops, and mobile barbershops and procedural rules in accordance with
11 the guidelines established in G.S. 86A-15.
12 …
13 "§ 86A-13. Barbershop Barbershop, mobile barbershops, and barber school permits.
14 (a) Any person, firm or corporation, before establishing or opening a barbershop
15 barbershop, mobile barbershop, or barber school not heretofore licensed by the State or the Board
16 shall make application to the Board on forms to be furnished by the Board, for a permit to operate
17 a barbershop barbershop, mobile barbershop, or barber school, and the shop or school of the
18 applicant shall be inspected and approved by the State Board of Barber Examiners or an agent
19 designated for that purpose by the Board, before the barbershop barbershop, mobile barb