The power of the board to promulgate such rules shall be concurrent with that of the board of health as authorized in article fourteen, chapter sixteen of this code: Provided, That in the case of conflicting provisions regarding requirements for health and sanitation, the rule or regulation of the board of health shall be deemed to apply. The board of health and the board of barbers and cosmetologists shall for a reasonable fee make available upon request to any licensee a copy of such rules.

§30-27-2. Revocation of license for violation.

For violation of any regulation authorized by the terms of this article or promulgated by the board of health, the board of barbers and beauticians may cancel and revoke the license issued such violator, and may refuse to renew or reissue the same.

§30-27-3. Qualifications of applicants; fees; examinations; licensure.

An applicant for licensure as a barber, beautician or manicurist shall present satisfactory evidence that he or she is at least eighteen years of age, of good moral character and temperate habits, has completed at least the eighth grade of school, or the equivalent thereof, and has been graduated from a school of barbering or beauty culture approved by the state board of barbers and beauticians, or in the case of a manicurist has successfully completed an approved course in manicuring in such a school, and shall transmit with his application an examination fee of twenty-five dollars. The examination shall be of such character as to determine the qualifications and fitness of the applicant to practice barbering, beauty culture or manicuring as defined by this article, and shall cover such subjects germane to the inquiry as the board may deem proper. If an applicant for licensure as a barber or beautician successfully passes such examination and presents a certificate of health from a licensed physician and is otherwise qualified as required by this section, the board shall license the applicant as a duly qualified barber or beautician. Any applicant for license as a manicurist may be licensed as a duly qualified manicurist after he has passed the examination. The board shall charge twenty-five dollars for the issuance of a license.

The state board of barbers and beauticians shall promulgate rules and regulations to establish a joint barber-beautician license.

Any person who meets the requirements of this section as to age, character and health, who is a graduate of a recognized school of barbering or beauty culture in another state, or has successfully completed an approved course in manicuring in such a school, and who holds a current license as a registered barber, beautician or manicurist in another state, may file with the board an application for licensure without examination, together with a fee of fifty dollars. If in the opinion of the board such applicant has had a prescribed course of instruction in barbering, beauty culture or manicuring equivalent to that required in this state at the time such course was completed, or is otherwise properly qualified, the board may without examination issue to such applicant a license as a duly qualified barber, beautician or manicurist.

§30-27-4. Renewal of license; fee; penalty for late renewal; withdrawal from active practice.

Every licensed barber, beautician or manicurist who desires to continue in active practice or service shall, annually upon or before the first day of January, renew his or her license and pay an annual renewal fee of twenty-five dollars. For any renewal which is more than thirty days late, a penalty of five dollars shall be added to the regular renewal fee, and an additional five dollar penalty for each successive thirty-day period said renewal fee is late, not to exceed a total renewal fee of two hundred five dollars. Any license not renewed for three successive years shall be deemed inactive and shall not be liable for additional renewal fees, but may be reactivated by written request to the board and payment of any accrued unpaid renewal fees, not to exceed a total renewal fee of two hundred five dollars. Every licensed barber, beautician or manicurist who does not desire to continue in active practice shall notify the board in writing, and shall, during such period, be listed by the board as being inactive, and shall not be required to renew his or her license until such time as he or she shall again become active, and during such inactive period he or she shall not be liable for any renewal fees.

§30-27-5. Student's permit; qualifications; fee.

All students, before entering upon their studies in approved schools of barbering or beauty culture in this state, shall apply for and receive a student's permit from the board. The application shall be upon forms provided by the board and shall include a health certificate from a duly licensed physician. An applicant for licensure as a student shall present satisfactory evidence that he or she is at least seventeen years of age, of good moral character and temperate habits, and has completed at least the eighth grade of school or the equivalent thereof. Upon receipt of a fee of five dollars, the board shall license each qualified applicant as a student barber, beautician or manicurist and shall issue the appropriate student's permit, which shall be good during the prescribed period of study for such student. A student may perform any or all acts constituting barbering, beauty culture or manicuring in a school of barbering or beauty culture under the immediate supervision of a registered instructor, but not otherwise.

§30-27-6. Display of license.

Every person practicing barbering, beauty culture or manicuring and every student shall display his license or renewal thereof in a conspicuous place in the shop wherein he practices or is employed and whenever required shall exhibit such license to the state board of barbers and beauticians or its authorized representative.

§30-27-7. Shop to be managed by licensed barbers and beauticians; sign.

Every barber or beauty shop in this state shall be operated under the supervision and management of a barber or beautician who is licensed as such in this state. A barbershop and a beauty shop may be conducted within the same shop. A suitable sign shall be displayed at the main entrance of all barber and beauty shops, plainly indicating the business conducted therein.

§30-27-8. License to own or operate schools of barbering or beauty culture; application for license; qualifications; inspection; license fee; rules and regulations; suspension, etc., of license; qualifications and registration of instructors; registration fee; administrative procedures.

No person, firm or corporation, whether public or private, and whether organized for profit or not, shall own or operate a school of barbering or beauty culture in this state without first obtaining a license so to do from the board. The application for such license shall be made in writing on forms prescribed and furnished by the board and shall be signed and verified by the applicant. The applicant shall, in addition to such other information as may be reasonably required by the board, furnish evidence that (a) the applicant is professionally competent and financially responsible, (b) adequate physical facilities will be available for the school, and (c) persons teaching or instructing therein are licensed by the board as fully qualified instructors. If an applicant desires to own or operate more than one school of barbering or beauty culture, a separate application shall be made and a separate license shall be issued for each.

All applicants for a license to own or operate a school of barbering or beauty culture shall permit an inspection of such proposed school by the inspectors appointed pursuant to subsection (d), section one, article fourteen, chapter sixteen of this code to determine whether it is properly fitted and equipped for instruction in barbering or beauty culture. The board of health shall promulgate reasonable rules and regulations to implement and make effective the powers, duties and responsibilities vested in such board in connection with the licensing of schools of barbering and beauty culture. If the applicant has met all of the standards and qualifications prescribed herein by the board of health and has complied with the rules and regulations pertaining to the issuance of the license applied for, the board shall issue such license to the applicant. Thereafter, the board may suspend, revoke or refuse to renew the license of a school whenever it fails to meet the minimum standards and qualifications required for the issuance of an original license. The director of health or his designees shall administer and enforce such actions of the board.

The initial license fee for each school of barbering and for each school of beauty culture shall be five hundred dollars and the annual renewal fee shall be two hundred fifty dollars to be paid in such manner as the board may prescribe, on or before January first of each year. The license shall be permanently displayed in the school, and a suitable sign shall be kept on the front of the school which shall plainly indicate that a school of barbering or beauty culture is operated therein.

The board of barbers and beauticians shall promulgate reasonable rules and regulations prescribing the standards and requirements to be met by applicants for licensure of duly qualified instructors in schools of barbering or beauty culture. Such rules and regulations may provide for the issuance of certificates for instructors, including temporary certificates, and shall prescribe minimum qualifications as to age, education and training for applicants for such certificates. Minimum qualifications to become applicants as student instructors shall include one year's experience as a licensed full-time practicing barber or beautician and two hundred fifty hours of advanced instruction beyond the normal licensure requirements. Each licensed instructor in barbering and beauty culture shall pay an initial registration fee of fifty dollars, and shall renew his certificate annually and pay a renewal fee of fifty dollars on or before the first day of January of each year. An expired certificate may be reinstated only upon the payment of all lapsed renewal fees, unless such instructor shall have notified the board that he or she desires to be placed on an inactive status during which time he or she shall not be liable for any renewal fees. The applicant for reinstatement shall also be required to meet the qualifications for registration in effect at the time application for reinstatement is made. A licensed instructor shall not also be required to be licensed for active practice or service as provided for in section four of this article, unless such instructor is in fact acting as a barber, beautician, aesthetician or manicurist outside the scope of his employment as an instructor: Provided, That the term "aesthetician," used in this section, shall have no effect until and unless the provisions of section one of this article are amended to authorize issuance of rules and regulations relating to aestheticians.

Recognizing that all of the provisions of chapter twenty-nine-a of this code are fully applicable to any and all administrative procedures, and the right of judicial review, in connection with the provisions of this article, but also recognizing that the question has been raised as to whether rules and regulations adopted under the provisions of this section must be promulgated in accordance with the provisions of said chapter twenty-nine-a, it is hereby expressly provided that all such rules and regulations shall be promulgated in compliance with the provisions of said chapter twenty-nine-a.

§30-27-9. Health certificate and photograph required.

No person shall practice barbering, beauty culture or manicuring, or serve as a student in this state while having an infectious, contagious or communicable disease. No person shall be licensed as a barber, beautician, manicurist or student until he or she shall have obtained a certificate of health from a licensed physician under article three of this chapter certifying such person to be free of all infectious, contagious and communicable diseases. Such certificate shall be filed with the state board of barbers and beauticians within ten days after the examination of the person is made by the physician and a photograph of the applicant must accompany the application with such certificate. The certificate shall be in such form as the board may prescribe. The board shall be empowered to compel any registered barber, beautician, manicurist or student to submit to a physical examination and file a certificate of health at any reasonable time.

§30-27-10. Requirements to operate shops and schools; sanitary rules.

It shall be unlawful for any person, firm or corporation to own or operate a beauty shop or barbershop, or a school of beauty culture or barbering, or to act as a barber, beautician or manicurist, unless:

(a) The beauty shop, barbershop, or school of beauty culture or barbering shall before opening its place of business to the public, have been approved by the board as having met all the requirements and qualifications for the places of business as are required by this article and for this purpose. It shall be the duty of the owner or operator of each beauty shop, barbershop, or school of beauty culture or barbering to notify the board, in writing, at least ten days before the proposed opening date of the shop or school, whereupon it shall become the duty of the board, through the inspectors herein provided for, to inspect that shop or school. Upon giving notice of the opening of any shop or school, the owner or operator shall pay to the board an inspection fee of twenty-five dollars. In the event the shop or school fails to meet the requirements of this article, and is not approved, the inspection fee shall be returned to the person paying same. Any shop or school meeting the prescribed requirements shall be granted a license permitting it to do business. If, however, after the lapse of ten days after the giving of the notice of opening to the board, an inspection is not made or a certificate of opening has not been granted or refused, the owner or operator of the shop or school may open provisionally subject to later inspection and to all other provisions and rules provided for in this article;

(b) All shops and schools, bathrooms, toilets and adjoining rooms used in connection therewith, are kept clean, sanitary, well lighted and ventilated at all times. The use of chunk alum, powder puffs and styptic pencils in any shop is prohibited;

(c) Each barber, beautician, manicurist, instructor and student shall thoroughly cleanse his or her hands with soap and water immediately before serving any patron;

(d) Each patron is served with clean, freshly laundered linen that is kept in a closed cabinet used for that purpose alone. All linens, immediately after being used, shall be placed in a receptacle used for that purpose alone.

The board of health shall prescribe any other rules in regard to sanitation and cleanliness in such shops and schools as it may deem proper and necessary: Provided, That these shops may contain a tropical bird for display purposes: Provided, however, That the board of health in consultation with the board of barbers and cosmetologists and the board of veterinary medicine shall promulgate rules establishing minimum sanitary and safety requirements designed to protect the health of both the public and the tropical birds. The director of health or inspectors designated pursuant to subsection (d), section one, article fourteen, chapter sixteen of the code shall have the power to enforce compliance. All rules shall be kept posted in a conspicuous place in each shop or school.

§30-27-10a. Booth or chair rental; registration; fee; reporting requirements.

All persons licensed to practice as a barber, beautician or manicurist in this state who elects to rent or lease a booth or chair from an owner or operator of any barber or beauty shop shall first register with the board of barbers and beauticians and pay a registration fee of ten dollars. When registering, the registrant shall advise the board of the length of any rental or lease agreement, the name of the person and barber or beauty shop from which a chair or booth is being rented or leased, and the effective date of such rental. If a person registered with the board pursuant to this section elects to move from one barber or beauty shop to rent or lease a chair or booth from another barber or beauty shop, he or she shall again register with the board and pay a fee of two dollars and fifty cents.

Each owner or operator of a barber or beauty shop who elects to rent or lease chairs or booths therein shall notify the board in writing of such rental within ten days of the effective date of the rental.

The board shall quarterly notify the state tax commissioner of all persons registered pursuant to this section during the previous quarter. Such notice shall be in writing and shall include the name of the persons registered, the name of the person and barber or beauty shop from whom space is being rented or leased, and the length of any such rental or lease agreement.

§30-27-11. Grounds for cancellation or refusal to issue or renew license.

The board may refuse to issue a license of registration to any applicant, or may refuse to renew, or may suspend or revoke the same for any holder thereof, for any of the following causes: (1) Conviction of the commission of a felony, as shown by a certified copy of the record of the court of conviction; (2) obtaining or attempting to obtain a license to practice barbering or beauty culture in this state by false pretenses, fraudulent misrepresentation, or bribery by the use of money or other consideration; (3) gross incompetency; (4) the continued practice of barbering or beauty culture by a person knowing himself or herself to be afflicted with a contagious or infectious disease; (5) the use knowingly of any false or deceptive statements in advertising; (6) habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; (7) conviction for the illegal sale of any intoxicating beverage, as shown by a certified copy of the record of the court of conviction; (8) violation of any of the rules and regulations prescribed by the board of health; (9) violation of any of the rules and regulations prescribed by the board of barbers and beauticians; or (10) violation of any licensing or registration requirement of section ten-a of this article.

§30-27-12. Violation to constitute misdemeanor; penalty; concurrent jurisdiction; injunction.

Any violation of the provisions of this article or of the rules and regulations of the board of health when promulgated by it as set out in section three, article fourteen, chapter sixteen of this code, shall constitute a misdemeanor, punishable, upon conviction, by a fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and imprisonment. Magistrates shall have concurrent jurisdiction with circuit courts for the enforcement of the provisions of this article and the rules and regulations of the board of health.