AN ACT to provide licensure of mobile beauty salons and ensure their safe and hygienic operation and to authorize cosmetic art services at wedding venues.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Chapter 88B of the General Statutes reads as rewritten:

Chapter 88B.

Cosmetic Art.

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§ 88B‑2.  Definitions.

The following definitions apply in this Chapter:

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(14)(13a)     Manicurist teacher. – An individual licensed by the Board to teach manicuring.

(14)      Mobile salon. – A self‑contained, enclosed mobile unit licensed for the practice of cosmetic art.

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§ 88B‑4.  Powers and duties of the Board.

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(b)        A member of the Board shall have the authority to inspect cosmetic art shops shops, mobile salons, and cosmetic art schools at any reasonable hour to determine compliance with the provisions of this Chapter if the inspection is made: (i) at the request of the Board, or with the approval of the chair or the executive director as the result of a complaint made to the Board or a problem reported by an inspector, or (ii) at the request of an inspector who deems it necessary to request the assistance of a Board member and who has the prior approval of the chair or executive director to do so. A Board member who makes an inspection pursuant to this subsection shall file a report with the Board before requesting reimbursement for expenses.

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§ 88B‑20.  Fees required.

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(b)        The Board may charge application fees as follows:

(1)        Inspection of a newly established cosmetic art shop or mobile salon. $ 25.00

(2)        Reciprocity applicant under G.S. 88B‑13............................................ $ 15.00.

(c)        The Board may charge license fees as follows:

(1)        Cosmetologist................................................................. $ 39.00 every 3 years

(2)        Apprentice............................................................................... $ 10.00 per year

(3)        Esthetician............................................................................... $ 10.00 per year

(4)        Manicurist................................................................................ $ 10.00 per year

(4a)      Natural hair care specialist...................................................... $ 10.00 per year

(5)        Teacher........................................................................... $ 10.00 every 2 years

(6)        Cosmetic art shop per active booth........................................... $ 3.00 per year

(6a)      Mobile salon............................................................................ $ 25.00 per year

(7)        Cosmetic art school................................................................. $ 50.00 per year

(8)        Duplicate license.................................................................................... $ 1.00.

(d)       The Board may require payment of late fees and reinstatement fees as follows:

(1)        Apprentice, cosmetologist, esthetician, manicurist,

            natural hair care specialist, and teacher late renewal........................... $ 10.00

(2)        Cosmetic art schools and shops and mobile salons late renewal......... $ 10.00

(3)        Reinstatement – cosmetic art schools and shops and mobile salons... $ 25.00.

(e)        The Board may prorate fees as appropriate.

§ 88B‑21.  Renewals; expired licenses; inactive status.

(a)        Each license to operate a cosmetic art shop or mobile salon shall be renewed on or before the first day of February of each year. As provided in G.S. 88B‑20, a late fee shall be charged for licenses renewed after February 1. Any license not renewed by March 1 of each year shall expire. A cosmetic art shop or mobile salon whose license has been expired for one year or less shall have the license reinstated immediately upon payment of the reinstatement fee, the late fee, and all unpaid license fees. The licensee shall submit to the Board, as a part of the renewal process, a list of all licensed cosmetologists who practice cosmetic art in the shop or mobile salon and shall identify each as an employee or a booth renter.

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§ 88B‑22.  Licenses required; criminal penalty.

(a)        Except as provided in this Chapter, no person may practice or attempt to practice cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the Board.

(b)        Except as provided in this Chapter, no person may practice cosmetic art or any part of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed cosmetic art shop.shop or mobile salon.

(c)        No person may open or operate a cosmetic art shop or mobile salon in this State unless a license has been issued by the Board for that shop.shop or mobile salon.

(d)       An individual licensed as an esthetician, natural hair care specialist, or manicurist may practice only that part of cosmetic art for which the individual is licensed.

(d1)     No person may teach cosmetic art in a Board‑approved cosmetic art school unless the person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the requirements of this subsection upon approval by the Board.

(e)        An apprentice licensed under the provisions of this Chapter shall apprentice under the direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.shop or mobile salon.

(f)        A violation of this Chapter is a Class 3 misdemeanor.

§ 88B‑23.  Licenses to be posted.

(a)        Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist, and teacher licensed under this Chapter shall display the certificate of license issued by the Board within the shop or mobile salon in which the person works.

(b)        Every certificate of license to operate a cosmetic art shop or school shop, school, or mobile salon shall be conspicuously posted in the shop or school shop, school, or mobile salon for which it is issued.

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§ 88B‑26.  Rules to be posted.

(a)        The Board shall furnish a copy of its rules relating to sanitary management of cosmetic art shops and shops, cosmetic art schools schools, and mobile salons to each shop and school shop, school, and mobile salon licensed by the Board. Each shop and school shop, school, and mobile salon shall post the rules in a conspicuous place.

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§ 88B‑27.  Inspections.

Any inspector or other authorized representative of the Board may enter any cosmetic art shop or school shop, school, or mobile salon to inspect it for compliance with this Chapter and the Board's rules. All persons practicing cosmetic art in a shop or school shop, school, or mobile salon shall, upon request, present satisfactory proof of identification. Satisfactory proof shall be in the form of a photographic driver's license or photographic identification card issued by any state, federal, or other government entity. The Board may require a cosmetic art shop or school shop, school, or mobile salon to be inspected as a condition for license renewal.

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SECTION 1.(b)  Chapter 88B of the General Statutes is amended by adding a new section to read:

§ 88B‑15.1.  Mobile salons.

(a)        A motor home as defined in Article 1 of Chapter 20 of the General Statutes may be used as a mobile salon for the practice of cosmetic art.

(b)        The Board shall issue a license to operate a mobile salon to any applicant who submits a properly completed application on a form approved by the Board, pays the required fee, and is determined after inspection to be in compliance with the provisions of this Chapter and the Board's rules.

(c)        The Board shall adopt rules for the operation, licensure, and inspection of mobile salons, including standards for facilities, personnel, and safety and sanitary requirements. All licensure and operating requirements provided by this Chapter or by rules adopted by the Board pursuant to this Chapter that apply to cosmetic art shops shall also apply to mobile salons, except to the extent that the requirements conflict with this section or with any rules adopted by the Board pursuant to this section.

(d)       In addition to the requirements of this Chapter, individuals and the vehicles they operate while providing mobile salon services shall be subject to the provisions of (i) Chapter 20 of the General Statutes, (ii) Title 19A of the North Carolina Administrative Code, (iii) all applicable OSHA requirements, and (iv) all local laws and ordinances regulating business establishments.

(e)        A mobile salon must be equipped with a functional sink and toilet facilities and must maintain an adequate supply of clean water and wastewater storage capacity.

(f)        No cosmetic art or service may be performed in a mobile salon while the salon is moving. The mobile salon must be safely parked in a legal parking spot at all times while patrons are present inside the salon.

(g)        A mobile salon owner must maintain a permanent business address at which records of appointments, itineraries, license numbers, and vehicle identification numbers for each mobile salon being operated shall be kept and made available for verification and inspection by the Board and at which all correspondence from the Board can be received.

(h)        An inspector, or other authorized representative of the Board, must provide the owner of a mobile salon with at least 24 hours' notice of an inspection. Upon receiving the notice, the owner of the mobile salon must provide to the inspector, or other authorized representative of the Board, the exact location of the mobile salon, the hours of operation, and the times of services to be provided on the date scheduled for inspection. A mobile salon must notify the inspector of any changes to the information provided.

SECTION 2.  The North Carolina Board of Cosmetic Art Examiners shall adopt temporary rules to implement the provisions of this act.

SECTION 3.  G.S. 88B‑15 is amended by adding a new subsection to read:

(c)      For the purpose of assisting individuals in preparing for weddings, any individual licensed under this Chapter may practice makeup application and natural hair care outside of a cosmetic art shop.

SECTION 4.  This act becomes effective October 1, 2023.