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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 82BARBERS
RULE §82.71Responsibilities of Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops and Mini-Dual Shops

(a) The owner of a barbershop, dual shop, specialty shop, mini-barbershop, or mini-dual shop and the shop manager in whose name the shop permit is jointly issued, if different from the owner, shall both be responsible individually and jointly for ensuring that all persons who work in a shop are properly licensed at all times. Individuals who do not hold a current license and /or permit required by the department shall not be allowed to engage in barbering. Shop owners and shop managers commit an offense in violation of department rules if an individual with an expired license or permit or no license or no permit engages in barbering in a shop.

(b) Shop owners and/or shop managers shall verify that all employees and independent contractors have current licenses and permits, as applicable.

(c) The shop owner and/or shop manager shall maintain a current list of all individuals who work in a shop at the time of inspection including employees, independent contractors, and mini-barbershop and mini-dual shop permittees who engage in barbering. The list must be made available to department representatives upon request and must contain the following information:

  (1) name of every person working in the shop including their license type, number, and license expiration date;

  (2) whether the person is an employee or an independent contractor who engages in barbering; and

  (3) license number and license expiration date of each mini-barbershop and mini-dual shop.

(d) The mini-barbershop and mini-dual permittee must maintain a current list of all persons who work in a shop at the time of the inspection, including employees and independent contractors who engage in barbering, and which must include the name of each person working in the mini-barbershop or mini-dual shop, along with their license type number and expiration date. The list must be made available to department representatives upon request.

(e) Each barbershop, dual shop, mini-barbershop and mini-dual shop may display a barber pole. This pole shall be the traditional red, white with the optional blue.

(f) In addition, barbershops shall display on the exterior of the building or premises a sign containing the words "Barber Shop" or "Barber Salon" or any phrase containing the word "Barber".

(g) Mini-barbershops must display on the exterior of the mini-barbershop premises a sign containing the words "Barber Shop" or "Barber Salon" or any phrase containing the word "Barber".

(h) Food or drink must be disposed of in a closed container and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area. This rule will not apply to a licensed barbershop or specialty shop in a department store when the sale of food and drink is not immediately adjacent to the shop.

(i) A shop shall provide for the use of individuals who work in the shop at least one sink, wash basin, or hand sanitizer for every three chairs or stations.

(j) Only a permitted barber school, barbershop, mini-barbershop, dual shop, mini-dual shop, mobile shop or specialty shop or a licensed barber may advertise as a "Barber."

(k) A shop is responsible for maintaining all common areas and for compliance with the health and safety standards of this chapter.

(l) Alterations to the shop's floor plan must be in compliance with the requirements of the Act and this chapter.

(m) A barber establishment shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.

(n) Shops may establish rules of operation and conduct, which may include rules relating to clothing which do not conflict with this chapter.

(o) Shops shall notify the department in writing of any name change of the shop within thirty days of the change.

(p) Shops shall maintain a current mailing address on file with the department and must notify the department within thirty days following any change of mailing address.

(q) Hair weaving specialty shops shall provide the following equipment for each licensee present and providing services:

  (1) one work station;

  (2) one styling chair;

  (3) a sufficient amount of shampoo bowls for licensees providing hair weaving services; and

  (4) one chair dryer/handheld dryer for each three licensees providing hair weaving services.

(r) Manicure specialty shops shall provide the following equipment for each licensee present and providing services;

  (1) one manicure table with light;

  (2) one manicure stool; and

  (3) one professional client chair for each manicure station.

(s) Dual shops shall:

  (1) comply with all requirements of the Act and this chapter applicable to barbershops;

  (2) comply with all requirements of Texas Occupations Code, Chapter 1602 and 16 TAC Chapter 83 applicable to beauty salons; and

  (3) if the shop does not currently have employed or have a contract with at least one licensed barber (or cosmetologist) the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber (or cosmetologist) is available; and:

  (4) if the shop has neither employed nor contracted with at least one licensed barber (or cosmetologist) for a period of 45 days or more the owner shall;

    (A) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering (or cosmetology) services; and

    (B) remove or obscure any existing sign or symbol indicating that the shop offers barbering (or cosmetology) services.

(t) Mini-barbershops must comply with all requirements of the Act and this chapter applicable to mini-barbershops and Texas Occupations Code §1603.207.

(u) Mini-dual shops must:

  (1) comply with all requirements of the Act and this chapter applicable to barbershops; and

  (2) comply with all requirements of Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 applicable to beauty shops; and

  (3) comply with all the requirements for dual shops listed under subsection (s).

(v) A person holding a barber shop, mini-barbershop, specialty shop, dual shop, mini-dual shop, or mobile shop license may employ a person who is not otherwise licensed by the department to shampoo or condition a person's hair.


Source Note: The provisions of this §82.71 adopted to be effective December 8, 2005, 30 TexReg 8075; amended to be effective March 1, 2006, 31 TexReg 1268; amended to be effective August 1, 2006, 31 TexReg 5947; amended to be effective October 11, 2007, 32 TexReg 7048; amended to be effective January 1, 2008, 32 TexReg 9966; amended to be effective February 1, 2012, 37 TexReg 319; amended to be effective January 1, 2014, 38 TexReg 9518; amended to be effective July 1, 2014, 39 TexReg 4646; amended to be effective January 1, 2016, 40 TexReg 8758; amended to be effective January 15, 2018, 43 TexReg 79

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