Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes requirements for
crossover establishments.
(1)
Establishments. Any person or entity may apply for a crossover license to
operate both a barber and cosmetology establishment at the same physical
location. Except as provided by this rule, applicants for a crossover
establishment license shall comply with, and be governed by, all provisions of
20
CSR 2085-10.010 through
20 CSR
2085-10.050.
(2) A crossover license shall only be issued
for an establishment where the barber and cosmetology functions will be located
at the same physical location. If a different physical location is used for any
of the barber or cosmetology activities or functions for which a license is
required, a separate license must be obtained for each location.
(3) 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 Chapters 328 and/or 329,
RSMo.
(4) Original Licensure. A
crossover establishment license shall only be valid for the owners, address and
name provided for the establishment in the initial crossover establishment
license application. The initial license holder shall retain establishment
ownership and responsibility for ensuring that the establishment is operated
according to all applicable provisions of Chapters 328 and 329, RSMo, and the
regulations of the board.
(A) Change of
Location or Ownership: If at any time during the license period the
establishment location, and/or ownership changes, the owner(s) of the
establishment shall submit an application for a new establishment license to
the board within forty-five (45) days after the ownership or location change
and the applicable change of location and/or ownership fee. 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. 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.
1. New ownership. It is the responsibility of
the new owner(s) to submit the establishment application to the board
accompanied by the change of ownership fee.
2. Adding a co-owner. It shall be the
responsibility of the co-owners to submit the establishment location to the
board accompanied by the applicable fee.
3. Deleting a co-owner. If a co-owner(s)
ceases ownership of an establishment, it shall be the responsibility of the
establishment's remaining owner(s) to notify the board of this change in
writing. The written notice shall serve as documentation of the change and a
new application shall not be required.
4. A corporation is considered by law to be a
separate person. If a corporation owns an establishment, it is not necessary to
obtain a new establishment license or to file an amended application for an
establishment license if the owners of the stock change. However, as a separate
person, if a corporation begins ownership of an establishment or ceases
ownership of an establishment, a new establishment license must be obtained
regardless of the relationship of the previous or subsequent owner to the
corporation.
5. A crossover
establishment license shall not be issued until the establishment passes a
board inspection, the establishment is in compliance with all applicable
sanitation rules and the application is approved by the board.
(5) Rental Space/Chair
Licensing. Any person licensed by the board who rents individual space or a
booth/chair within a licensed establishment for the purpose of practicing as a
crossover barber or cosmetologist shall be required to obtain a separate
crossover establishment license for the rental space. Licensees that rent
individual space or a booth/chair within a licensed barber or cosmetology
establishment for the purpose of operating as a crossover licensee must possess
a current crossover establishment license as well as a crossover operator
license. This subsection 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 biennial establishment fee.
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.
(6) Name Change of Establishment. If at any
time during the license period the name of the crossover establishment is
changed, the original establishment license shall become void as to the prior
name and the owners of the establishment shall submit an application to the
board for an establishment license for the new name with the biennial
establishment 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.
(A) The board shall be notified
immediately in writing by the license holder(s) of an establishment name
change.
(B) No barber or
cosmetology services shall be performed or offered to be performed under the
new name until the establishment is issued a license by the board for the new
name.
(7) Delinquent
Fee. If a crossover establishment opens for business before the board issues a
new establishment license as required by this rule following a change of
location, name, or ownership, 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 329, RSMo.
(8)
Establishment Closures.
(A) Voluntary
Establishment Closures. When a crossover establishment terminates its business,
the holder of the establishment license shall provide written notice of the
establishment closure to the board within thirty (30) days following the
closure. This written notice may be submitted on a form provided by the board
or by letter. The notice must be signed by the holder of the establishment
license and include the name, address and license number of the establishment,
the name and address of the establishment license holder, and the date of
closure. Upon actual termination of business, the establishment license shall
be returned to the board for surrender either in person or by registered or
certified mail. If the original license has been lost, stolen, destroyed, or
was never received, the establishment license holder shall submit along with
the notice of voluntary closure an affidavit attesting to such facts.
(B) Administrative Establishment Closures by
the Board. When a crossover establishment terminates its business and the
establishment license holder fails to submit to the board a notice of voluntary
closure, the board or its representative may administratively close the
establishment by submitting notice of an administrative establishment closure
to the board. The board shall provide written notice of the administrative
establishment closure by mailing written notice to the establishment and to the
last known address of the establishment license holder. An administrative
establishment closure shall not be considered discipline.
(C) The board shall not mail a renewal
application for the next licensing period to those establishments which have
been voluntarily or administratively closed.
(D) No one licensed by the board may perform
or offer to perform cosmetology or barber services in a closed crossover
establishment until a new establishment license has been issued by the
board.
(E) Where the board
administratively closes an establishment for which the establishment license
has not otherwise expired, no one may perform or offer to perform barber or
cosmetology services in that establishment until the holder of the
establishment license notifies the board in writing that the establishment is
again open for business. Upon receipt of such notice, the board shall restore
the status of the establishment license for the remainder of the current
licensing period, provided all fees have been paid.
(9) All applications for a crossover
establishment license shall be submitted to the board on a form designated by
the board with the applicable license fee.
*Original authority: Chapters 328 and 329, see
Missouri Revised Statutes; 329.010, RSMo 1939, amended 1979, 1995,
2001, 2004, 2005; and 329.025, RSMo
2005.
