(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:
(a) a client's home; or
(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.
HISTORY: 2021 Act No. 65 (H.3024), Sections 1, 2, eff May 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.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 7 - Barbers And Barbering
Section 40-7-5. Conflicts between this chapter and Article 1, Chapter 1.
Section 40-7-10. Establishment of State Board of Barber Examiners; membership.
Section 40-7-30. Licensure requirement.
Section 40-7-60. Adoption of rules; seal; regulations.
Section 40-7-70. Additional powers and duties.
Section 40-7-80. Investigation of complaints and violations of chapter.
Section 40-7-90. Results of investigation to be presented to board; hearing.
Section 40-7-110. Disciplinary action.
Section 40-7-115. Jurisdiction of board.
Section 40-7-120. Additional disciplinary action.
Section 40-7-130. Denial of permit or licensure on same grounds as potential disciplinary action.
Section 40-7-140. Denial of permit or licensure based on prior criminal record.
Section 40-7-150. Voluntary surrender of license.
Section 40-7-170. Investigation and prosecution costs.
Section 40-7-190. Confidentiality of investigations and proceedings.
Section 40-7-210. Petition for injunctive relief.
Section 40-7-240. Applications for examination; frequency of examinations.
Section 40-7-270. Temporary master haircare specialist license without examination; requirements.
Section 40-7-280. Restrictions on giving shampoos and manicures.
Section 40-7-285. Practice by cosmetologist, esthetician, or manicurist in barbershop.
Section 40-7-290. Requirements for barbers who train students.
Section 40-7-310. Display of certificate of registration.
Section 40-7-330. Inspection of barbershop or barber schools.
Section 40-7-340. Special certificates for inmates in custody of State Department of Corrections.
Section 40-7-350. License required for barber colleges and instructors.
Section 40-7-355. Mobile barbershops authorized; regulations.
Section 40-7-360. Chapter not applicable to services for immediate family.
Section 40-7-370. Operation of barbershop by registered apprentice prohibited.