Current through September 24, 2024
(1) Definitions
(a) "Mobile shop" shall have the same
definition as in T.C.A. §
62-4-102(a)(16);
(b) "Primary shop" means the currently
licensed cosmetology, barber, or dual shop with a fixed location under whose
license or registration a mobile shop is operated pursuant to T.C.A. §
62-3-134 or §
62-4-138.
(2) Application for License
(a) An application to operate a mobile shop
shall include:
1. The name, address, and
license number of the primary shop under the license of which the mobile shop
will operate;
2. The name under
which the mobile shop will operate;
3. The types of cosmetology or barbering
services to be performed at the mobile shop;
4. The new license fee for a mobile shop as
set by Rule 0440-01-.13; and
5. The
name, address, phone number, and license information of the mobile shop's
manager, as defined in T.C.A. §
62-3-109(c)(1)(B) or §
62-4-102(a)(10) as the case may be, which may be the same or different as the
manager of the primary shop under whose license the mobile shop is
operating.
(b) The
mobile shop and the primary shop shall be owned by the same person, persons or
entity.
1. If the owner has a partnership
agreement with another entity wherein one person operates the primary shop and
another operates the mobile shop, the partnership agreement shall be disclosed
to the Board office on a form provided by the Board office, due at the time the
mobile shop application is submitted.
2. It shall be the responsibility of the
primary shop owner to inform the Board office when a business partnership
dissolves.
(c) The
initial issuance of a mobile shop license shall be set to expire on the same
date as the primary shop, but the application and registration fee for the
mobile shop shall not be prorated.
(d) A mobile shop shall undergo an initial
inspection and pay the fee for the initial inspection prior to receiving
licensure as a mobile shop.
(e) An
application for renewal of a mobile shop license shall include:
1. Any update or change in information
previously provided to the Board regarding the mobile shop in the most recent
application or renewal of such mobile shop;
2. The mobile shop renewal fee as set by Rule
0440-01-.13;
3. The submission of a
date and location that the mobile shop will be located for the next two annual
inspections; provided, however, that the Board shall not be required to accept
such date or location.
(3) The mobile shop shall receive all Board
office correspondence through the permanent address of the mobile shop's
primary shop.
(4) The primary shop
may be held liable for any acts by the mobile shop that would constitute
grounds for discipline against the mobile shop.
(5) Equipment Required
(a) In lieu of any equipment required for a
barber, cosmetology or dual shop, all mobile shops shall be required to have:
1. One (1) shampoo bowl with hot and cold
running water in work area and chair;
2. One (1) enclosed storage area for clean
towels;
3. One (1) covered and
labeled container for soiled towels;
4. One (1) covered and labeled trash
container maintained in a sanitary condition;
5. One (1) dry sterilizer, with fumigant, or
sanitary compartment;
6. One (1)
wet sterilizer;
7. One (1) work
station (standard size) for each operator;
8. One (1) ultraviolet sanitizer;
and
9. One (1) first aid
kit.
(b) In addition to
the requirements of subparagraph (5)(a), a mobile shop offering skin care
services shall also be required to have:
1.
One (1) sink which provides hot and cold running water in the work
area;
2. One (1) hands free
magnifying lamp;
3. One (1)
enclosed storage area for clean towels;
4. One (1) covered and labeled container for
soiled towels;
5. One (1) covered
and labeled trash container maintained in a sanitary condition;
6. One (1) reclining facial
chair/table;
7. One (1) wet
sterilizer for the equipment used;
8. One (1) ultraviolet sanitizer;
9. One (1) first aid kit;
10. One (1) electric hot towel
cabin;
11. One (1) facial steamer;
and
12. One (1) wax depilatory
heater pot with manufacturer's intended commercial use statement.
(c) In addition to the
requirements of subparagraph (5)(a), a mobile shop offering manicure services
shall also be required to have:
1. One (1)
manicure table with stool or chair, per manicurist;
2. One (1) wet sterilizer for equipment
used;
3. One (1) finger bowl per
table;
4. One (1) covered container
per table for cotton balls and swabs;
5. One (1) foot bath if pedicures are
offered; and
6. One (1) sign
prominently posted stating that the customer has the right not to have drills
used on his or her nails.
(d) The executive director to the Board may,
in his/her discretion, waive one or more of the foregoing equipment
requirements to accommodate mobile shops offering limited services. If services
offered change, the mobile shop is required to complete a new application and
receive a new inspection.
(6) Every mobile shop shall contain
sufficient equipment in working order to enable it to perform all services
offered competently and efficiently.
(7) The owner and/or manager of a mobile shop
shall disclose the current location of a mobile shop upon the request of the
Board or the Board's staff.
(8) It
is unlawful to operate a mobile shop unless it is, at all times, under the
direction of a manager or designated manager. While on duty, the manager or
designated manager shall be responsible for the shop's compliance with all laws
and rules of the Board.
(9) The
manager and designated manager of a mobile shop may manage those who practice
disciplines in cosmetology or barbering other than the discipline in which the
manager or designated manager is licensed; however, the manager or designated
manager shall only practice within the field that the person is
licensed.
(10) The manager, owner,
and designated manager, when the designated manager is on duty, shall have the
same responsibilities as described in T.C.A. §
62-3-111, if the shop is
providing barbering services, and T.C.A. §
62-4-119, if the shop is
providing cosmetology services.
(11) If the owner of a mobile shop changes,
then the new owner and primary shop shall apply for and receive a new mobile
shop license, including paying all fees for such a new license, prior to
operating the mobile shop.
(12) The
fee for changing the name of a mobile shop shall be the same as the fee for
changing the name of a cosmetology or barber shop; provided, however, that a
request to change the name of both a primary shop and a mobile shop at the same
time shall be processed with a single such fee.
(13) Each mobile shop shall be inspected at
least annually and the owner of the mobile shop shall pay the fee for
inspection as set by Rule 0440-01-.13.
(14) An inspector may inspect a mobile shop
anytime the mobile shop is open for business any number of times per
year.
(15) There shall not be a
late fee for the late renewal of a mobile shop license, provided that no mobile
shop shall be operated while not properly licensed.
(16) The mobile shop shall prominently
display at all times the most recent license issued by the Board showing the
name of the mobile shop and the name of the primary shop. This display must be
visible from the outside of the mobile shop. The mobile shop is also required
to have external signs with the name of the mobile shop.
(17) The mobile shop shall be legally parked
in a fixed position and fully stationary (not in motion) while rendering
services to customers.
(18) The
mobile shop is required to dispose of any waste water in a sanitary sewer
system.
(19) Customers shall not be
exposed to any dangerous condition inside a mobile shop resulting from vehicle
emissions or vehicle maintenance.
Authority: T.C.A. §§
62-3-109,
62-3-111, 62-3-124, 62-3-134, 62-4-105, 62-4-105(e), 62-4-119, 62-4-125, and
62-4-138 and Public Chapter 983
(2016).
