Section 40-7-355 - Mobile barbershops authorized; regulations(A) As used in this section:(1) "Mobile barbershop" means a self-contained unit in which the practice of barbering is conducted, which may be moved, towed, or transported from one location to another. A "mobile barbershop" includes a portable barber operation.(2) "Portable barber operation" means equipment used in the practice of barbering that is in a mobile barbershop or transported from a barbershop and used on a temporary basis at a location including, but not limited to:(b) another institution or location as may be authorized by the board in regulation.(B) An individual may operate a mobile barbershop if the individual:(1) is licensed pursuant to this chapter to engage in the practice of barbering; and(2) does not have a physically stationary office at the location where the barbering services are provided.(C) In order to operate a mobile barbershop, a registered barber shall apply to the board for a mobile barbershop permit. The registered barber shall submit a permit application and fee in the form and manner prescribed by the board in regulation.(D)(1) Before a mobile barbershop permit may be issued, an inspection of the mobile barbershop must be conducted by a representative of the board pursuant to Sections 40-7-320 and 40-7-330. Upon a satisfactory inspection, the board shall issue the applicant a mobile barbershop biennial permit to be affixed within the mobile barbershop as prescribed by the board. The board shall also issue a permit card to be carried by the registered barber when practicing barbering through a portable barber operation.(2) A mobile barbershop permit must be annually renewed, and a renewal fee paid, as prescribed by the board in regulation.(3) A mobile barbershop is subject to unannounced inspections and must be annually inspected before a permit may be renewed.(E)(1) A mobile barbershop permittee shall maintain an official business address, which must be indicated on the permit application and which must not be a post office box. If an address different from the official business address is used for official business, then that address must also be provided. Permit applications must also include the home address of the applicant. The inclusion of the applicant's home address on the application does authorize the applicant to conduct business at his home address if the applicant is issued a license.(2) A mobile barbershop permittee shall maintain an official telephone number, which must be indicated on the application. If other phones are used for official business, then those phone numbers must also be provided.(3) The board must be notified within thirty days of any change in the official business address or telephone number as indicated on the permit application or as otherwise provided to the board.(F) A mobile barbershop permittee shall comply with all applicable federal, state, and local laws, regulations, and ordinances pertaining to the practice of barbering and with all applicable flammability, construction, sanitation, zoning, or infectious waste management guidelines; Occupational Safety and Health Administration guidelines; and federal Centers for Disease Control and Prevention guidelines. The permittee shall maintain any applicable county and city licenses or permits, including business licenses, to operate the mobile barbershop at the location where barbering services will be provided.(G) A mobile barbershop permittee shall maintain a written or an electronic record of the street addresses where barbering services will be provided during any two-week period.(H) A licensed barber at all times must be in charge and present during the operation of a mobile barbershop and is responsible for all barbering services provided at the mobile barbershop.(I)(1) A mobile barbershop permittee shall notify the board in writing within thirty days of the last day of operations when a mobile barbershop ceases to operate.(2) A mobile barbershop permit is not transferable. If a mobile barbershop is sold, the new owner shall apply to the board for a permit before providing barbering services through the mobile barbershop.(J) The board shall promulgate regulations to carry out the provisions of this section including, but not limited to, establishing permit application and renewal fees.(K) A barber who violates a provision of this chapter or a regulation promulgated by the board pursuant to this chapter is subject to disciplinary action as may be determined by the board.(L) The provisions of this section do not apply to a master haircare specialist or registered barber while providing barbering services in a nursing home or community residential care facility setting equipped and maintained in compliance with regulations and other requirements concerning the equipping and maintenance of barbershops.(M) A mobile barbershop is prohibited from operating within eyesight of the nearest registered barbershop.Added by 2021 S.C. Acts, Act No. 65 (HB 3024),s 1, eff. 5/17/2021.Code Commissioner's Note
At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provision of Section 2 of 2021 Act No. 65 was codified as (M) of this section.