Tennessee § 62-4-118 - Operation of a shop.

§ 62-4-118. Operation of a shop.

Except as otherwise provided under this chapter, it is unlawful to operate a shop without conspicuously displaying a valid license issued by the board under this chapter. 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, chapter 3 of this title, 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. An application for a license to operate a shop shall be submitted by its owner on the form prescribed by the board. The application shall include: The location of the shop; The type of shop; The name of the manager; and Other information that the board may require. Prior to the opening of a new shop or the relocation of an existing shop, the shop must pass an initial inspection after submission of a complete application for a license to operate the shop in accordance with subsection (e), accompanied by the fee for licensure and the fee for inspection, as prescribed by the board in rule. The inspection shall be made within ten (10) days of receipt by the board of a request for the inspection. If the shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this chapter, chapter 3 of this title, and the rules of the board. If the ownership of a shop changes, the new owner shall 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 has: Submitted an application for a license to operate the shop in accordance with subsection (e); and Paid the license fee and the inspection fee. If the transferred shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this chapter, chapter 3 of this title, and the rules of the board. Pending issuance or denial by the board of a license to operate a shop, the owner may operate the shop if the owner displays: The official report showing that the shop has passed the required inspection; and A copy of a cashier's check or money order made payable to the state of Tennessee in the amount of the fee for the license. Each shop shall be inspected at least annually. All licenses to operate a shop shall expire on the last day of the month of the biennial anniversary date of the licenses. If the board is satisfied that the requirements of this chapter have been met, licenses to operate a shop may be renewed for another term upon completion and submission of the prescribed form, accompanied by the renewal fee prescribed by the board in rule. A penalty fee as set by the board by rule will be assessed on any renewal application postmarked after the expiration date of the license. The board may promulgate any and all rules necessary to allow for a shop where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, and manicuring, or in both cosmetology, or a field of cosmetology, and barbering to operate as a dual shop, including, but not limited to, rules to allow a dual shop to pay a single licensure or renewal fee and to undergo a single inspection. Acts 1986, ch. 817, § 18; 1987, ch. 112, § 10; 1988, ch. 902, § 13; 1989, ch. 523, §§ 118-122, 124-130; 1996, ch. 897, §§ 11, 12; 2015, ch. 402, §§ 24, 25; 2016, ch. 838, § 7. Code Commission Notes. Acts 2015, ch. 402, § 25 purported to amend § 62-3-118 , but actually amended § 62-4-118 . Compiler's Notes. Former chapter 4, former §§ 62-4-101 — 62-4-127 (Acts 1939, ch. 29, §§ 1-8, 10-12, 17, 18; 1949, ch. 179, §§ 1, 2, 4-7, 9, 15; C. Supp. 1950, §§ 7139.1-7139.8, 7139.10-7139.12, 7139.16, 7139.17, 7139.21 (Williams, §§ 7139.16-7139.23, 7139.25-7139.27, 7139.29, 7139.33, 7139.39); Acts 1951, ch. 227, §§ 1-3, 6; 1959, ch. 298, §§ 1-4, 7, 8, 10, 11, 17; 1965, ch. 199, §§ 1, 3, 4, 14; 1972, ch. 603, § 1; 1972, ch. 808, §§ 1-3; 1973, ch. 367, § 1; 1975, ch. 104, §§ 3, 4; 1975, ch. 122, §§ 1-4, 7, 8; 1975, ch. 165, § 8; 1976, ch. 649, § 1; 1976, ch. 690, § 1; 1978, ch. 580, § 1; 1978, ch. 581, § 1; 1978, ch. 906, § 14; 1979, ch. 380, §§ 1, 3, 5; 1980, ch. 451, § 11; 1982, ch. 633, §§ 1, 3, 4-10, 12-23; 1984, ch. 521, §§ 1, 2; T.C.A. (orig. ed.), §§ 62-401 — 62-405, 62-408 — 62-411, 62-413 — 62-417, 62-422, 62-423, 62-428, 62-431, 62-432), concerning cosmetology, was repealed by Acts 1986, ch. 817, § 31. Acts 1986, ch. 817, § 31 provided that the rules promulgated under former §§ 62-4-101 — 62-4-127 prior to August 31, 1986, shall remain in effect as rules under this chapter until amended or repealed by the board. Any such rules that may conflict with a provision of this chapter shall be invalid; however, such invalidity shall not affect the validity of the remaining rules. All licenses and certificates of registration issued under former §§ 62-4-101 — 62-4-127 prior to August 31, 1936, shall remain in effect until they expire or are revoked or modified pursuant to this chapter. This chapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 31, 1986. 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. Cross-References. Director of division of regulatory boards to promulgate rules concerning certain license renewal dates, § 56-1-302 .