36-14-36. Acts declared petty offenses.
The commission of any of the following acts is a petty offense:
(1)The practice of barbering without a certificate of registration;
(2)Permitting any person in one's employ, supervision, or control to practice as a barber, unless that person has a certificate of registration;
(3)Obtaining a certificate of registration by fraudulent misrepresentation;
(4)Failing to display the certificate of registration as required by this chapter;
(5)Using any room or place for barbering which is also used for residential or business purposes, unless a substantial partition of ceiling height separates the portion used for residential or business purposes. The practice of cosmetology or the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, or tobacco, may not be construed to mean business purposes;
(6)Failing or refusing to use separate and clean towels for each person served or to discard or launder each towel after once being used; or
(7)Failing or refusing to supply clean hot and cold water in a quantity necessary to conduct any barbershop in a sanitary manner; failing or refusing to have water and sewerage connections with a water and sewage system, where the latter is available; or failing or refusing to maintain a receptacle for hot water of a capacity of less than five gallons.
Source: SDC 1939, §27.1619; SL 1977, ch 190, §178; SL 1979, ch 257, §9; SL 2017, ch 175, §14.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 14 - Barbers And Barbershops
Section 36-14-1 - Acts constituting practice of barbering.
Section 36-14-2.1 - Lay member of board--Appointment and term of office.
Section 36-14-3 - Quorum of board.
Section 36-14-4 - Officers of board--Seal--Duties and bond of secretary-treasurer.
Section 36-14-4.1 - Board continued within Department of Labor and Regulation--Records and reports.
Section 36-14-5 - Employment of personnel by board.
Section 36-14-6 - Inspection of shops and schools by board.
Section 36-14-7.1 - General Coursework--Credit--Promulgation of Rules.
Section 36-14-9 - Promulgation of rules.
Section 36-14-11 - Certificate of registration required.
Section 36-14-12 - Persons exempt from requirements of chapter.
Section 36-14-13 - Registration and licensing of barbers--Qualification.
Section 36-14-17 - Curriculum required for approval of barber school.
Section 36-14-18 - Contents of application for examination or registration--Photographs.
Section 36-14-20 - Display of certificates.
Section 36-14-22 - Annual renewal of certificates--Expiration.
Section 36-14-24 - Fees required of barbers and barber schools.
Section 36-14-25 - Restoration of lapsed certificate.
Section 36-14-26 - Record of proceedings relative to certificates--Contents--Public inspection.
Section 36-14-28 - Inspection before issuance of shop license--Fee.
Section 36-14-29 - Display of shop license--Transfer prohibited--Expiration.
Section 36-14-30 - Annual inspection of shops.
Section 36-14-31 - Mobile shop license fee--Annual inspection--Place of operation.
Section 36-14-32 - Grounds for refusal, suspension, or revocation of certificates.
Section 36-14-33 - Procedure for refusal, suspension, or revocation of certificate.
Section 36-14-35 - Appeal from Board of Examiners.
Section 36-14-36 - Acts declared petty offenses.
Section 36-14-37 - Violation of chapter as petty offense.
Section 36-14-37.1 - Injunction for enforcement of chapter--Election of remedies.