Tennessee § 62-3-109 - Shop registration, styling, supervision and management — Barbering in other locations.

§ 62-3-109. Shop registration, styling, supervision and management — Barbering in other locations.

It is unlawful to operate a barber shop or barber styling shop without a valid certificate of registration issued by the board. Application for the certificate shall be made upon application forms furnished by the board. Prior to the opening of any new barber or styling shop or change of location of an existing barber or styling shop, an inspector of the board shall inspect and approve the shop. Inspections of shops shall be made within ten (10) days of receipt of a request for an inspection, with the request to be accompanied by payment for the inspection. If the ownership of a shop changes, the new owner may not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license to operate the shop and has paid the proper fees. Any change of location or ownership or new shop shall be reported to the office of the board immediately. As used in this chapter, unless the context otherwise requires: “Designated manager” means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and “Manager” means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. It is unlawful to operate a 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 this chapter and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. The manager and designated manager 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. Except as provided in § 62-3-108, it is unlawful to perform any act constituting barbering under § 62-3-105 in any place other than a duly registered barber shop, barber styling shop, barber school or college, licensed funeral establishment, registered mobile shop, nursing home, hospital health facilities or in the residence of the person to whom the services are being rendered pursuant to § 62-3-135. Acts 1929, ch. 118, § 1; Code 1932, § 7118; Acts 1980, ch. 703, § 4; T.C.A. (orig. ed.), § 62-309; Acts 1982, ch. 870, § 2; 1986, ch. 921, §§ 5-7; 1990, ch. 963, § 4; 1996, ch. 895, §§ 1, 2; 2015, ch. 402, § 1; 2016, ch. 838, § 4; 2016, ch. 983, § 2; 2017, ch. 102, § 1. Compiler's Notes. Acts 2015, ch. 402, § 34 provided that the board of cosmetology and barber examiners is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2017, ch. 102, § 3 provided that the board of cosmetology and barber examiners is authorized to promulgate rules to effectuate the purposes of the act. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Cross-References. Penalty for violations, § 62-3-130 . Textbooks. Tennessee Jurisprudence, 24 Tenn. Juris., Unemployment Compensation, § 5.