House Bill 868

AN ACT TO AUTHORIZE LICENSED BARBERS TO OPERATE A MOBILE BARBERSHOP; TO DEFINE CERTAIN TERMS RELATING TO MOBILE BARBERSHOPS; TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE PERMITS FOR THE OPERATION OF MOBILE BARBERSHOPS; TO REQUIRE THAT A REPRESENTATIVE OF THE BOARD CONDUCT AN INSPECTION OF THE MOBILE BARBERSHOP BEFORE A PERMIT IS ISSUED; TO REQUIRE THAT A PERMIT TO OPERATE A MOBILE BARBERSHOP BE ANNUALLY RENEWED; TO REQUIRE THAT A MOBILE BARBERSHOP PERMITEE MAINTAIN A WRITTEN OR ELECTRONIC RECORD OF EACH STREET ADDRESS WHERE BARBERING SERVICES WILL BE PROVIDED AT THE MOBILE BARBERSHOP DURING ANY TWO-WEEK PERIOD; TO REQUIRE THAT A LICENSED BARBER BE IN CHARGE AND PRESENT AT ALL TIMES DURING THE OPERATION OF A MOBILE BARBERSHOP, AND IS RESPONSIBLE FOR ALL BARBERING SERVICES PROVIDED AT THE MOBILE BARBERSHOP; TO REQUIRE A MOBILE BARBERSHOP PERMITEE TO NOTIFY THE BOARD IN WRITING WITHIN THIRTY DAYS OF THE LAST DAY OF OPERATIONS WHEN A MOBILE BARBERSHOP CEASES TO OPERATE; TO PROVIDE THAT A MOBILE BARBERSHOP PERMIT IS NOT TRANSFERABLE; TO PROVIDE THAT A BARBER WHO VIOLATES ANY PROVISION OF THIS SECTION OR ANY REGULATION PROMULGATED BY THE BOARD UNDER THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION AS MAY BE DETERMINED BY THE BOARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "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.

(b) "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:

(i) A client's home; or

(ii) Another location as may be authorized by the State Board of Barber Examiners.

(2) An individual may operate a mobile barbershop if the individual:

(a) Is licensed to engage in the practice of barbering under Section 73-5-33; and

(b) Does not have a physically stationary office at the location where the mobile barbering services are provided.

(3) In order to operate a mobile barbershop, a licensed barber shall apply to the board for a mobile barbershop permit. The licensed barber shall submit a permit application and fee in a manner as prescribed by the board.

(4) Before a mobile barbershop permit may be issued, an inspection of the mobile barbershop must be conducted by a representative of the board. Upon a satisfactory inspection, the board shall issue the applicant a mobile barbershop 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 licensed barber when practicing barbering through a mobile barbershop operation.

(5) A mobile barbershop permit must be renewed annually, and a renewal fee paid, as prescribed by the board.

(6) A mobile barbershop is subject to unannounced inspections and must be annually inspected before a permit may be renewed.

(7) A mobile barbershop permitee shall maintain an official business address. The permitee's official business address shall be indicated on the permit application and must not be a post office box. If an address different from the official business address is used for official barbershop 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 official barbershop business at his home address if the applicant is issued a permit.

(8) A mobile barbershop permitee shall maintain an official telephone number, which must be indicated on the application. If other telephone numbers are used for official barbershop business, then those telephone numbers must also be provided.

(9) The board must be notified within thirty (30) 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.

(10) A mobile barbershop permitee shall maintain a written or electronic record of each street address where barbering services will be provided at the mobile barbershop during any two-week period.

(11) A licensed barber must be in charge and present at all times during the operation of a mobile barbershop, and is responsible for all barbering services provided at the mobile barbershop.

(12) A mobile barbershop permitee 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 permitee 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.

(13) A mobile barbershop permitee shall notify the board in writing within thirty (30) days of the last day of operations when a mobile barbershop ceases to operate.

(14) A mobile barbershop permit is not transferable. If a mobile barbershop is sold, the new owner of the barbershop must apply to the board for a permit before providing barbering services through the mobile barbershop.

(15) The board shall promulgate rules and regulations to carry out the provisions of this section, including, but not limited to, establishing a permit application and fees.

(16) A barber who violates any provision of this section or any regulation promulgated by the board under this section is subject to disciplinary action as may be determined by the board.

(17) The provisions of this section do not apply to a licensed 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.