Mo. Code Regs. tit. 20 § 2085-10.020
Current through Register Vol. 49, No. 17, September 3, 2024
Section 20 CSR 2085-10.020 - Barber and Cosmetology Establishment License ChangesPURPOSE: This rule establishes licensing change requirements for all barber and cosmetology establishments.
(1) Original Licensure. An establishment license shall only be valid for the owners, address, and name provided for the establishment in the initial establishment license application. The initial establishment license holder shall retain establishment ownership and responsibility for ensuring that the establishment is operated according to all applicable provisions of Chapter 328, RSMo, (for barbering) and Chapter 329, RSMo, (for cosmetology) and the regulations of the board.(2) Change of Location or Ownership. If at any time during the license period the establishment location, name, and/or ownership changes, the owner(s) of the establishment shall submit an application for a new establishment license to the board within forty-five (45) days after the ownership or location change and the applicable change of location and/or ownership fee. The original license of the establishment shall become void as to the new location and/or new owners upon expiration of the forty-five (45)-day period and shall be returned to the board. No barber or cosmetology services shall be performed or offered to be performed under the new ownership or at the new location after the forty-five (45)-day period expires until the establishment is issued a license by the board for the new owners and/or new location. (A) New Ownership. It is the responsibility of the new owner(s) to submit the establishment application to the board accompanied by the change of ownership fee.(B) Adding a Co-Owner. It shall be the responsibility of the co-owners to submit the establishment location to the board accompanied by the applicable fee.(C) Deleting a Co-Owner. If a co-owner(s) ceases ownership of an establishment, it shall be the responsibility of the establishment's remaining owner(s) to notify the board of this change in writing. The written notice shall serve as documentation of the change and a new application shall not be required.(D) A corporation is considered by law to be a separate person. If a corporation owns an establishment, it is not necessary to obtain a new establishment license or to file an amended application for an establishment license if the owners of the stock change. However, as a separate person, if a corporation begins ownership of an establishment or ceases ownership of an establishment, a new establishment license must be obtained regardless of the relationship of the previous or subsequent owner to the corporation.(E) An establishment license shall not be issued until the establishment passes a board inspection, the establishment is in compliance with all applicable sanitation rules and the application is approved by the board.(3) Name Change of Establishment. If at any time during the license period the name of the establishment is changed, the original establishment license shall become void as to the prior name and the owners of the establishment shall submit an application to the board for an establishment license for the new name with the duplicate establishment fee. The application must be made in writing and shall be accompanied by two (2) forms of identification, a duplicate license fee and, if applicable, the establishment license currently in the license holder's possession. (A) The board shall be notified immediately in writing by the license holder(s) of an establishment name change.(B) No barber or cosmetology services shall be performed or offered to be performed under the new name until the establishment is issued a license by the board for the new name.(4) Delinquent Fee. If an establishment opens for business before the board issues a new establishment license as required by this rule following a change of location, name, or ownership, a delinquent fee shall be assessed in addition to all other required licensure fees, and the board may take legal action pursuant to Chapters 328 and 329, RSMo.(5) Establishment Closures. (A) Voluntary Establishment Closures. When an establishment terminates its business, the holder of the establishment license shall provide written notice of the establishment closure to the board within thirty (30) days following the closure. This written notice may be submitted on a form provided by the board or by letter. The notice must be signed by the holder of the establishment license and include the name, address and license number of the establishment, the name and address of the establishment license holder, and the date of closure. Upon actual termination of business, the establishment license shall be returned to the board for surrender either in person or by registered or certified mail. If the original license has been lost, stolen, destroyed, or was never received, the establishment license holder shall submit along with the notice of voluntary closure an affidavit attesting to such facts.(B) Administrative Establishment Closures by the Board. When an establishment terminates its business and the establishment license holder fails to submit to the board a notice of voluntary closure, the board or its representative may administratively close the establishment by submitting notice of an administrative establishment closure to the board. The board shall provide written notice of the administrative establishment closure by mailing written notice to the establishment and to the last known address of the establishment license holder. An administrative establishment closure shall not be considered discipline.(C) The board shall not mail a renewal application for the next licensing period to those establishments which have been voluntarily or administratively closed.(D) No one licensed by the board may perform or offer to perform barber or cosmetology services in a closed establishment until a new establishment license has been issued by the board.(E) Where the board administratively closes an establishment for which the establishment license has not otherwise expired, no one may perform or offer to perform barber or cosmetology services in that establishment until the holder of the establishment license notifies the board in writing that the establishment is again open for business. Upon receipt of such notice, the board shall restore the status of the establishment license for the remainder of the current licensing period, provided all fees have been paid. AUTHORITY: sections 328.115, 329.025.1, and 329.045, RSMo Supp. 2008 and section 329.030, RSMo 2000.* Original rule filed Aug. 1, 2007, effective Feb. 29, 2008. Amended: Filed April 3, 2009, effective Sept. 30, 2009. *Original authority: 328.115, RSMo 1981, amended 2005, 2006; 329.025, RSMo 2005, amended 2008; 329.030, RSMo 1939, amended 1995; and 329.045, RSMo 1951, amended 1959, 1961, 1979, 1981, 1995, 1997, 2005, 2006.