SECTIONS 7346-7353 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7346-7353

7346. (a) For purposes of this chapter, "establishment" means any
premises, building or part of a building where any activity licensed
under this chapter is practiced.
(b) "Establishment" also includes any premises, building, or part
of a building in which natural hair styling is practiced for
compensation.

7347. Any person, firm, or corporation desiring to operate an
establishment shall make an application to the bureau for a license
accompanied by the fee prescribed by this chapter. The application
shall be required whether the person, firm, or corporation is
operating a new establishment or obtaining ownership of an existing
establishment. If the applicant is obtaining ownership of an existing
establishment, the bureau may establish the fee in an amount less
than the fee prescribed by this chapter. The applicant, if an
individual, or each officer, director, and partner, if the applicant
is other than an individual, shall not have committed acts or crimes
which are grounds for denial of licensure in effect at the time the
new application is submitted pursuant to Section 480. A license
issued pursuant to this section shall authorize the operation of the
establishment only at the location for which the license is issued.
Operation of the establishment at any other location shall be
unlawful unless a license for the new location has been obtained upon
compliance with this section, applicable to the issuance of a
license in the first instance.

7348. An establishment shall at all times be in the charge of a
person licensed pursuant to this chapter except an apprentice.

7349. It is unlawful for any person, firm, or corporation to hire,
employ, or allow to be employed, or permit to work, in or about an
establishment, any person who performs or practices any occupation
regulated under this chapter and is not duly licensed by the bureau,
except that a licensed cosmetology establishment may utilize a
student extern, as described in Section 7395.1.
Any person violating this section is subject to citation and fine
pursuant to Section 7406 and is also guilty of a misdemeanor.

7349.1. It is an unfair business practice for any person, firm, or
corporation who engages in a practice regulated under this chapter to
use the traditional symbol known as the barber pole, which comprises
a striped vertical cylinder with a ball on top, with the intent to
mislead the public in any manner that would make the public believe
that barbering was being practiced in, or that a licensed barber is
employed in, an establishment that does not employ licensed barbers.

7350. No person having charge of an establishment, whether as an
owner or an employee, shall permit any room or part thereof in which
any occupation regulated under this chapter is conducted or practiced
to be used for residential purposes or for any other purpose that
would tend to make the room unsanitary, unhealthy, or unsafe, or
endanger the health and safety of the consuming public.
An establishment shall have a direct entrance separate and
distinct from any entrance in connection with private quarters.
A violation of this section is a misdemeanor.

7351. Every establishment shall provide at least one public toilet
room located on or near the premises for its patrons. Any toilet room
installed on or after July 1, 1992, shall be not less than 18 square
feet in area. The entrance to the room shall be effectively screened
so that no toilet compartment is visible from any workroom. The room
shall be kept in a clean condition and in good repair, well lighted
and ventilated to the outside air, and effectively screened against
insects and free from rodents. The floor shall be of concrete, tile
laid in cement, vitrified brick, or other nonabsorbent material. All
sewer drains shall be connected to an approved disposal system, and
shall be properly trapped. No restroom shall be used for storage.

7352. Every establishment shall provide adequate and convenient
handwashing facilities, including running water, soap, and towels or
air hand dryers.

7353. (a) (1) Within 90 days after issuance of the establishment
license, the board or its agents or assistants shall inspect the
establishment for compliance with the applicable requirements of this
chapter and the applicable rules and regulations of the board
adopted pursuant to this chapter.
(2) The board may inspect the establishment for which a license
application has been made prior to the issuance of the license.
(b) The board shall maintain a program of random and targeted
inspections of establishments to ensure compliance with applicable
laws relating to the public health and safety and the conduct and
operation of establishments.
(c) The board or its authorized representatives shall inspect
establishments to reasonably determine compliance levels and to
identify market conditions that require targeted enforcement.
(d) The board shall not reduce the number of employees assigned to
perform random inspections, targeted inspections, and investigations
relating to field operations below the level funded by the annual
Budget Act and described in supporting budget documents, and shall
not redirect funds or personnel-years allocated to those inspection
and investigation purposes to other purposes.