Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes licensing requirements
for all barber and cosmetology establishments.
(1) New Barber Establishments or Cosmetology
Establishments.
(A) Except as provided
herein, any person desiring to open a barber or cosmetology establishment in
Missouri, whether a beauty shop, nail salon, or other cosmetology
establishment, shall submit an application to the board at least thirty (30)
days prior to the anticipated opening of the establishment. The establishment
license application shall be submitted on a form provided by the board,
accompanied by the biennial establishment fee, and include the following
information:
1. The name and complete mailing
address of the owner(s) or lessor(s) and lessee(s). If the establishment is
owned by a corporation, include the name and complete mailing address of the
corporate office;
2. The
establishment's name and complete physical address;
3. A copy of the proposed/existing
establishment's floor plan, including the approximate dimensions and square
footage, specifically identifying which portions of the establishment
constitute the establishment to be licensed;
4. The minimum equipment required by the
board for the establishment to be licensed; and
5. If applicable, copies of the fictitious
name statement registered with the secretary of state, bill of sale or sales
receipt, contract or lease agreement, and city business or occupational
license.
(B) Upon
receipt of a properly completed establishment license application, the board,
within a reasonable time, will make a decision to approve or deny the
application. In the event the board denies an application, the applicant shall
be notified, in writing, of the specific reasons for denial.
(C) No establishment shall open in Missouri
until the board receives a completed application, on a form supplied by the
board, the biennial establishment fee is paid, the establishment passes a board
inspection, and the application is approved by the board. If an establishment
opens for business before the board issues the original establishment license,
a delinquent fee shall be assessed in addition to all other required licensure
fees, and the board may take legal action pursuant to Chapter 328 and/or 329,
RSMo.
(2) Rental
Space/Chair Licensing. Any person licensed by the board who rents individual
space or a booth/chair within a licensed establishment for the purposes of
practicing as a barber or cosmetologist shall be required to obtain a separate
establishment license for the rental space. Licensees that rent individual
space or a booth/chair within a licensed barber or cosmetology establishment
for the purposes of operating as a barber or cosmetologist must possess a
current establishment license as well as an operator license. This section does
not apply to licensees operating as establishment employees.
(A) Each establishment license issued to a
renter under this rule shall be valid only for the licensee, address, and name
identified in the initial establishment license application.
(B) Applications for an establishment license
under this subsection shall be submitted on a form provided by the board and
shall comply with the requirements defined in
20
CSR 2085-10.010(1)(A)
1.-4.
(C) Change of Location or
Ownership. If the location or ownership of the establishment changes during the
license period, the owner shall submit an application for a new establishment
license to the board within forty-five (45) days after the ownership or
location change with the applicable change of location and/or change of
ownership fee.
1. The board shall not issue a
license for the new ownership or location until the establishment passes a
board inspection, the establishment is in compliance with all applicable
sanitation rules under
20 CSR
2085-11.010 and
20 CSR
2085-11.020 and the application is approved by the
board.
2. The original license of
the establishment shall become void as to the new location and/or new owners
upon expiration of the forty-five (45)-day period and shall be returned to the
board.
3. No barber or cosmetology
services shall be performed or offered to be performed under the new ownership
or at the new location after the forty-five (45)-day period expires until the
establishment is issued a license by the board for the new owners and/or new
location.
(D) Name
Changes. If at any time during the license period the name of the establishment
is changed, the original establishment license shall become void as to the
prior name and the license holder shall submit an application to the board for
an establishment license for the new name with the duplicate fee. The
application must be made in writing and shall be accompanied by two (2) forms
of identification, a duplicate license fee and, if applicable, the
establishment license currently in the license holder's possession. No barber
or cosmetology services shall be performed or offered to be performed under the
new name until an establishment license is issued by the board for the new
name. The board shall be notified immediately in writing by the license
holder(s) of an establishment name change.
(E) Display of License. The current
establishment license for the rental space/chair shall be posted in a
conspicuous place at all times. The licensee's barber or cosmetology license
shall also be posted at each respective work station.
(F) Application for an establishment license
under this section shall be made on forms provided by the board and accompanied
by the biennial establishment fee.
(G) Except as provided herein, no person
shall provide or offer to provide barber or cosmetology services at a rented
space, booth or chair before an establishment license has been obtained as
required by this rule. If barber or cosmetology services are performed or
offered at the rented space or chair before an establishment license is issued
as required by this section, a delinquent fee shall be assessed in addition to
all other required licensure fees, and the board may take legal action pursuant
to Chapters 328 and/or 329, RSMo.
(3) Display of License. Establishment
licenses shall be posted within the establishment in plain view at all times so
that it may be easily seen by the public. Establishment licenses issued to a
station or booth rental establishment shall be posted in plain view at the
respective work station.
(A) Operator
licenses, apprentice licenses, or student temporary permits shall either be
posted at each respective assigned work station or all posted together in one
(1) conspicuous, readily accessible, central location within the establishment
area that will allow easy identification of the persons working in the
establishment by clients, board representatives, or the general
public.
(B) A two inch square (2" x
2") photograph taken within the last five (5) years shall be attached to
operator licenses. A two inch square (2" x 2") photograph taken within the last
five (5) years shall be attached to apprentice licenses and student temporary
permits.
(4) Renewals
and Reinstatements.
(A) All existing,
currently licensed establishments in Missouri shall submit on or before the
renewal date, a completed establishment renewal application to the board with
the biennial renewal fee. Renewal notices are sent out by the board as a
courtesy. It is the responsibility of the holder(s) of the establishment
license to renew the license by the expiration date. Failure to receive a
renewal notice does not relieve the holder(s) of this responsibility.
(B) Reinstatement of License. The holder(s)
of an establishment license which has not been renewed by the renewal date
shall be required to submit a late fee in addition to the biennial renewal fee
in order to reinstate the license. The holder(s) of the establishment license
who continues to operate although the license has not been renewed shall be
subject to disciplinary action for operating an unlicensed establishment if the
establishment license is not reinstated within fourteen (14) days following the
mailing of a notice to the holder(s) or sixty (60) days from the renewal
deadline, whichever is later, for operating an establishment without a
license.
*Original authority: 328.115, RSMo 1981, amended 2005,
2006; 329.025, RSMo 2005, amended 2008; 329.045, RSMo 1951, amended 1959, 1961,
1979, 1981, 1995, 1997, 2005, 2006; 329.110, RSMo 1939, amended 1945, 1981,
1995, 2005; and 329.120, RSMo 1939, amended 1945, 1947, 1959, 1979, 1981, 1995,
2005.