Establishments - Barbering And Cosmetology - Business & Professions - CA

Section § 7346

This law defines what an 'establishment' is in terms of locations where licensed activities are practiced. It includes any place where services under this chapter happen, specifically mentioning places where natural hair styling is done for payment.

(a) For purposes of this chapter, “establishment” means any premises, building or part of a building where any activity licensed under this chapter is practiced.

(b) “Establishment” also includes any premises, building, or part of a building in which natural hair styling is practiced for compensation.

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Section § 7347

If you want to run a business establishment, you need to apply for a license from the board. This applies whether you're starting a new business or taking over an existing one. The application must include a fee and acknowledge that you understand labor law responsibilities. When renewing a license online, you must also acknowledge these responsibilities. If you're taking over an existing business, the fee might be lower. The license you get will only cover the specified business location. If you move, you'll need a new license for the new address. Changes made to this law took effect on July 1, 2017.

(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the board for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.

(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

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Section § 7348

This law states that a business in this field must always have a licensed person in charge, excluding apprentices who are still in training.

An establishment shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice.

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Section § 7349

This law makes it illegal for any business or individual to hire or allow someone to work in a job covered by this chapter unless that person has the proper license, except for student externs who meet specific criteria. If someone breaks this rule, they can be fined and face misdemeanor charges.

It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under this chapter and is not duly licensed by the board, except that a licensed establishment may utilize a student extern, as described in Section 7395.1 or 7395.2.

Any person violating this section is subject to citation and fine pursuant to Section 7406 and is also guilty of a misdemeanor.

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Section § 7349.1

This law says it's unfair for any business regulated under this chapter to use a barber pole to trick people into thinking they offer barbering services or that they have licensed barbers if they don't actually have licensed barbers working there.

It is an unfair business practice for any person, firm, or corporation who engages in a practice regulated under this chapter to use the traditional symbol known as the barber pole, which comprises a striped vertical cylinder with a ball on top, with the intent to mislead the public in any manner that would make the public believe that barbering was being practiced in, or that a licensed barber is employed in, an establishment that does not employ licensed barbers.

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Section § 7350

This law states that no one in charge of a business where certain regulated activities happen can allow any part of it to be used as living space or for anything that might make it unsanitary or unsafe for customers. Also, the business must have its own separate entrance, different from any entrance to nearby private living areas. Not following these rules is considered a misdemeanor, which is a criminal offense.

No person having charge of an establishment, whether as an owner or an employee, shall permit any room or part thereof in which any occupation regulated under this chapter is conducted or practiced to be used for residential purposes or for any other purpose that would tend to make the room unsanitary, unhealthy, or unsafe, or endanger the health and safety of the consuming public.

An establishment shall have a direct entrance separate and distinct from any entrance in connection with private quarters.

A violation of this section is a misdemeanor.

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Section § 7351

Businesses need to have at least one public restroom available for customers, either on-site or nearby. If built after July 1, 1992, the restroom must be at least 18 square feet. The entrance should be designed so you can't see any toilet areas from workspaces. Restrooms must be kept clean, in good shape, well-lit, and ventilated. The entrance should block the view, and insects and rodents shouldn't be able to get in. Floors must be made of materials like concrete or tiles that don't absorb moisture. All sewer connections must be properly managed, and restrooms cannot be used to store items.

Every establishment shall provide at least one public toilet room located on or near the premises for its patrons. Any toilet room installed on or after July 1, 1992, shall be not less than 18 square feet in area. The entrance to the room shall be effectively screened so that no toilet compartment is visible from any workroom. The room shall be kept in a clean condition and in good repair, well lighted and ventilated to the outside air, and effectively screened against insects and free from rodents. The floor shall be of concrete, tile laid in cement, vitrified brick, or other nonabsorbent material. All sewer drains shall be connected to an approved disposal system, and shall be properly trapped. No restroom shall be used for storage.

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Section § 7352

Businesses must have proper handwashing stations with running water, soap, and ways to dry hands like towels or dryers.

Every establishment shall provide adequate and convenient handwashing facilities, including running water, soap, and towels or air hand dryers.

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Section § 7353.4

Starting July 1, 2017, businesses in this field must display a specific notice from the Labor Commissioner in a prominent place that employees can easily see. The notice should be in English, Spanish, Vietnamese, and Korean. Inspectors will check for this during regular visits. If a business fails to comply, they'll get an administrative fine, not a criminal charge.

(a) On and after July 1, 2017, an establishment licensed by the board shall, upon availability of the posting notice developed by the Labor Commissioner pursuant to Section 98.10 of the Labor Code, post that notice in a manner that complies with the requirements of Section 98.10 of the Labor Code in a conspicuous location in clear view of employees and where similar notices are customarily posted. The notice shall be posted in English, Spanish, Vietnamese, and Korean.

(b) The board shall inspect for compliance with this posting requirement when it conducts an inspection pursuant to Section 7313.

(c) A violation of this section shall be punished by an administrative fine established pursuant to Section 7407 and shall not be punished as a misdemeanor under Section 7404.1.

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