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RULE §83.78Responsibilities of Mobile Shops

(a) A mobile shop shall comply with all health and safety requirements and all other requirements of the Act and this chapter for beauty salons or specialty salons, as applicable, except as modified by this section or as otherwise indicated.

(b) A mobile shop license holder shall maintain a permanent physical address as required by §83.22(c). The mobile shop shall notify the department in writing of any change in physical or mailing address within 10 calendar days of the change.

(c) Records of the following shall be kept within the mobile unit and made available for inspection by department personnel: appointments; itineraries, if the shop submits itineraries to the department as provided by subsection (d); license numbers of employees and independent contractors; and vehicle identification numbers of the mobile shop. Records of appointments and itineraries shall be kept for a period of at least one year from the date the record is made.

(d) A mobile shop shall either:

  (1) have a Global Positioning System (GPS) tracking device that enables the department to track the location of the mobile shop over the Internet and meet the following requirements:

  (A) the device shall be on board and functioning at all times the mobile shop is in operation or open for business; and

  (B) the mobile shop shall provide the department with all information necessary to track the shop over the Internet; or

  (2) submit to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times of service to be provided. The license holder shall submit the itinerary not less than 7 calendar days prior to the beginning of service described in the itinerary and shall submit to the department any changes in the itinerary not less than 24 hours prior to the change. A mobile shop shall follow the itinerary in providing service and notify the department of any changes.

(e) Furniture shall be anchored to the unit.

(f) All chemicals in the mobile shop shall be stored in cabinets secured with safety catches and shall be stored separate and apart from other articles or equipment in the shop.

(g) A mobile shop shall display on both sides of the exterior of the mobile shop, the mobile shop's license number and a sign stating the name of the shop.

(h) A mobile shop shall have a water heater that provides fresh, hot water continuously and on demand.

(i) A mobile unit shall have a fresh water tank holding a sufficient amount of fresh water to perform the day's business. If a mobile unit's fresh water supply is depleted, operation must cease until the supply is replenished.

(j) A mobile shop shall have a functioning restroom within its perimeter, including a self-contained, flush toilet with holding tank.

(k) No services may be performed outside the mobile shop or while the mobile shop is in motion.

(l) A mobile shop may not be used as a residence or for any other purpose besides providing cosmetology services.

Source Note: The provisions of this §83.78 adopted to be effective January 1, 2008, 32 TexReg 9970; amended to be effective January 15, 2018, 43 TexReg 81

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