FILED SENATE
Feb 23, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 131
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15035-NBf-59
Short Title: Mobile Beauty Salons. (Public)
Sponsors: Senators Krawiec, Mayfield, and Waddell (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROVIDE LICENSURE OF MOBILE BEAUTY SALONS AND ENSURE
3 THEIR SAFE AND HYGIENIC OPERATION.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) Chapter 88B of the General Statutes reads as rewritten:
6 "Chapter 88B.
7 "Cosmetic Art.
8 …
9 "§ 88B-2. Definitions.
10 The following definitions apply in this Chapter:
11 (1) Apprentice. – A person who is not a manager or operator and who is engaged
12 in learning the practice of cosmetic art under the direction and supervision of
13 a cosmetologist.
14 (2) Board. – The North Carolina Board of Cosmetic Art Examiners.
15 (3) Booth. – A workstation located within a licensed cosmetic art shop that is
16 operated primarily by one individual in performing cosmetic art services for
17 consumers.
18 (4) Booth renter. – A person who rents a booth in a cosmetic art shop.
19 (5) Cosmetic art. – All or any part or combination of cosmetology, esthetics,
20 natural hair care, or manicuring, including the systematic manipulation with
21 the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands,
22 and feet. Practices included within this subdivision shall not include the
23 practice of massage or bodywork therapy as set forth in Article 36 of Chapter
24 90 of the General Statutes.
25 (6) Cosmetic art school. – Any building or part thereof where cosmetic art is
26 taught.
27 (7) Cosmetic art shop. – Any building or part thereof where cosmetic art is
28 practiced for pay or reward, whether direct or indirect.
29 (8) Cosmetologist. – Any individual who is licensed to practice all parts of
30 cosmetic art.
31 (8a)(9) Cosmetology. – The act of arranging, dressing, curling, waving, cleansing,
32 cutting, singeing, bleaching, coloring, or similar work upon the hair of a
33 person by any means, including the use of hands, mechanical or electrical
34 apparatus, or appliances or by use of cosmetic or chemical preparations or
35 antiseptics.
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General Assembly Of North Carolina Session 2021
1 (9)(10) Cosmetology teacher. – An individual licensed by the Board to teach all parts
2 of cosmetic art.
3 (10)(11) Esthetician. – An individual licensed by the Board to practice only that part of
4 cosmetic art that constitutes skin care.
5 (11)(12) Esthetician teacher. – An individual licensed by the Board to teach only that
6 part of cosmetic art that constitutes skin care.
7 (11a)(13) Esthetics. – Refers to any of the following practices: giving facials; applying
8 makeup; performing skin care; removing superfluous hair from the body of a
9 person by use of creams, tweezers, or waxing; applying eyelashes to a person,
10 including the application of eyelash extensions, brow or lash color;
11 beautifying the face, neck, arms, or upper part of the human body by use of
12 cosmetic preparations, antiseptics, tonics, lotions, or creams; surface
13 manipulation in relation to skin care; or cleaning or stimulating the face, neck,
14 ears, arms, hands, bust, torso, legs, or feet of a person by means of hands,
15 devices, apparatus, or appliances along with the use of cosmetic preparations,
16 antiseptics, tonics, lotions, or creams.
17 (12)(14) Manicuring. – The care and treatment of the fingernails, toenails, cuticles on
18 fingernails and toenails, and the hands and feet, including the decoration of
19 the fingernails and the application of nail extensions and artificial nails. The
20 term "manicuring" shall not include the treatment of pathologic conditions.
21 (13)(15) Manicurist. – An individual licensed by the Board to practice only that part of
22 cosmetic art that constitutes manicuring.
23 (14)(16) Manicurist teacher. – An individual licensed by the Board to teach
24 manicuring.
25 (17) Mobile salon. – A self-contained, enclosed mobile unit licensed for the
26 practice of cosmetic art.
27 (14a)(18) Natural hair care. – A service that results in tension on hair strands or roots by
28 twisting, wrapping, extending, or locking hair by hand or mechanical device.
29 For purposes of this definition, the phrase "natural hair care" shall include the
30 use of artificial or natural hair.
31 (14b)(19) Natural hair care specialist. – An individual licensed by the Board to practice
32 only that part of cosmetic art that constitutes natural hair care.
33 (14c)(20) Natural hair care teacher. – An individual licensed by the Board to teach
34 natural hair care.
35 (15)(21) Shampooing. – The application and removal of commonly used, room
36 temperature, liquid hair cleaning and hair conditioning products. Shampooing
37 does not include the arranging, dressing, waving, coloring, or other treatment
38 of the hair.
39 …
40 "§ 88B-4. Powers and duties of the Board.
41 …
42 (b) A member of the Board shall have the authority to inspect cosmetic art shops shops,
43 mobile salons, and cosmetic art schools at any reasonable hour to determine compliance with the
44 provisions of this Chapter if the inspection is made: (i) at the request of the Board, or with the
45 approval of the chair or the executive director as the result of a complaint made to the Board or
46 a problem reported by an inspector, or (ii) at the request of an inspector who deems it necessary
47 to request the assistance of a Board member and who has the prior approval of the chair or
48 executive director to do so. A Board member who makes an inspection pursuant to this subsection
49 shall file a report with the Board before requesting reimbursement for expenses.
50 …
51 "§ 88B-20. Fees required.
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General Assembly Of North Carolina Session 2021
1 …
2 (b) The Board may charge application fees as follows:
3 (1) Inspection of a newly established cosmetic art shop or
4 mobile salon ........................................................................................ $ 25.00
5 (2) Reciprocity applicant under G.S. 88B-13 ........................................... $ 15.00.
6 (c) The Board may charge license fees as follows:
7 (1) Cosmetologist..................................................................$ 39.00 every 3 years
8 (2) Apprentice ............................................................................... $ 10.00 per year
9 (3) Esthetician ............................................................................... $ 10.00 per year
10 (4) Manicurist ............................................................................... $ 10.00 per year
11 (4a) Natural hair care specialist ...................................................... $ 10.00 per year
12 (5) Teacher ............................................................................$ 10.00 every 2 years
13 (6) Cosmetic art shop per active booth ........................................... $ 3.00 per year
14 (6a) Mobile salon ............................................................................ $ 25.00 per year
15 (7) Cosmetic art school ................................................................. $ 50.00 per year
16 (8) Duplicate license ................................................................................... $ 1.00.
17 (d) The Board may require payment of late fees and reinstatement fees as follows:
18 (1) Apprentice, cosmetologist, esthetician, manicurist,
19 natural hair care specialist, and teacher late renewal .......................... $ 10.00
20 (2) Cosmetic art schools and shops and mobile salons late
21 renewal ................................................................................................ $ 10.00
22 (3) Reinstatement – cosmetic art schools and shops and
23 mobile salons....................................................................................... $ 25.00.
24 (e) The Board may prorate fees as appropriate.
25 "§ 88B-21. Renewals; expired licenses; inactive status.
26 (a) Each license to operate a cosmetic art shop or mobile salon shall be renewed on or
27 before the first day of February of each year. As provided in G.S. 88B-20, a late fee shall be
28 charged for licenses renewed after February 1. Any license not renewed by March 1 of each year
29 shall expire. A cosmetic art shop or mobile salon whose license has been expired for one year or
30 less shall have the license reinstated immediately upon payment of the reinstatement fee, the late
31 fee, and all unpaid license fees. The licensee shall submit to the Board, as a part of the renewal
32 process, a list of all licensed cosmetologists who practice cosmetic art in the shop or mobile salon
33 and shall identify each as an employee or a booth renter.
34 …
35 "§ 88B-22. Licenses required; criminal penalty.
36 (a) Except as provided in this Chapter, no person may practice or attempt to practice
37 cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed
38 as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the
39 Board.
40 (b) Except as provided in this Chapter, no person may practice cosmetic art or any part
41 of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed
42 cosmetic art shop.shop or mobile salon.
43 (c) No person may open or operate a cosmetic art shop or mobile salon in this State unless
44 a license has been issued by the Board for that shop.shop or mobile salon.
45 (d) An individual licensed as an esthetician, natural hair care specialist, or manicurist
46 may practice only that part of cosmetic art for which the individual is licensed.
47 (d1) No person may teach cosmetic art in a Board-approved cosmetic art school unless the
48 person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the
49 requirements of this subsection upon approval by the Board.
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1 (e) An apprentice licensed under the provisions of this Chapter shall apprentice under the
2 direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.shop
3 or mobile salon.
4 (f) A violation of this Chapter is a Class 3 misdemeanor.
5 "§ 88B-23. Licenses to be posted.
6 (a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist,
7 and teacher licensed under this Chapter shall display the certificate of license issued by the Board
8 within the shop or mobile salon in which the person works.
9 (b) Every certificate of license to operate a cosmetic art shop or school shop, school, or
10 mobile salon shall be conspicuously posted in the shop or school shop, school, or mobile salon
11 for which it is issued.
12 …
13 "§ 88B-26. Rules to be posted.
14 (a) The Board shall furnish a copy of its rules relating to sanitary management of
15 cosmetic art shops and shops, cosmetic art schools schools, and mobile salons to each shop and
16 school shop, school, and mobile salon licensed by the Board. Each shop and school shop, school,
17 and mobile salon shall post the rules in a conspicuous place.
18 …
19 "§ 88B-27. Inspections.
20 Any inspector or other authorized representative of the Board may enter any cosmetic art
21 shop or school shop, school, or mobile salon to inspect it for compliance with this Chapter and
22 the Board's rules. All persons practicing cosmetic art in a shop or school shop, school, or mobile
23 salon shall, upon request, present satisfactory proof of identification. Satisfactory proof shall be
24 in the form of a photographic driver's license or photographic identification card issued by any
25 state, federal, or other government entity. The Board may require a cosmetic art shop or school
26 shop, school, or mobile salon to be inspected as a condition for license renewal.
27 …."
28 SECTION 1.(b) Chapter 88B of the General Statutes is amended by adding a new
29 section to read:
30 "§ 88B-15.1. Mobile salons.
31 (a) A motor home as defined in Article 1 of Chapter 20 of the General Statutes may be
32 used as a mobile salon for the practice of cosmetic art.
33 (b) The Board shall issue a license to operate a mobile salon to any applicant who submits
34 a properly completed application on a form approved by the Board, pays the required fee, and is
35 determined after inspection to be in compliance with the provisions of this Chapter and the
36 Board's rules.
37 (c) The Board shall adopt rules for the operation, licensure, and inspection of mobile
38 salons, including standards for facilities, personnel, and safety and sanitary requirements. All
39 licensure and operating requirements provided by this Chapter or by rules adopted by the Board
40 pursuant to this Chapter that apply to cosmetic art shops shall also apply to mobile salons, except
41 to the extent that the requirements conflict with this section or with any rules adopted by the
42 Board pursuant to this section.
43 (d) In addition to the requirements of this Chapter, individuals and the vehicles they
44 operate while providing mobile salon services shall be subject to the provisions of (i) Chapter 20
45 of the General Statutes, (ii) Title 19A of the North Carolina Administrative Code, (iii) all
46 applicable OSHA requirements, and (iv) all local laws and ordinances regulating business
47 establishments.
48 (e) A mobile salon must be equipped with a functional sink and toilet facilities and must
49 maintain an adequate supply of clean water and wastewater storage capacity.
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1 (f) No cosmetic art or service may be performed in a mobile salon while the salon is
2 moving. The mobile salon must be safely parked in a legal parking spot at all times while patrons
3 are present inside the salon.
4 (g) A mobile salon owner must maintain a permanent business address at which records
5 of appointments, itineraries, license numbers, and vehicle identification numbers for each mobile
6 salon being operated shall be kept and made available for verification and inspection by the Board
7 and at which all correspondence from the Board can be received.
8 (h) To facilitate periodic inspections of mobile salons, prior to the beginning of each
9 month, the owner of the salon shall provide to the Board a written monthly itinerary listing
10 locations, dates, and hours of operation for the salon."
11 SECTION 2. The Board shall adopt temporary rules to implement the provisions of
12 this act.
13 SECTION 3. This act becomes effective October 1, 2021.
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