NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 857
HOUSE BILL 1259

AN ACT TO AMEND CHAPTER 88 OF THE GENERAL STATUTES TO REQUIRE THE REGISTRATION OF COSMETIC ART SHOPS AND TO REQUIRE THE APPOINTMENT OF A THREE-MEMBER BOARD OF COSMETIC ART.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 88-1 is hereby amended by adding the following as the third, fourth and fifth paragraphs:
"On and after February 1, 1976, any person, firm or corporation, before establishing or opening a cosmetic art shop not heretofore licensed by the State Board of Cosmetic Art, shall make application to the board, on forms to be furnished by the board, for a permit to operate a cosmetic art shop. The shop of such applicant shall be inspected and approved by the State Board of Cosmetic Art by an agent designated for such purpose by the board before such cosmetic art shop shall be opened for business. It shall be unlawful to open a new cosmetic art shop for the practice of cosmetology until such shop has been inspected, as heretofore required, and determined by the board to be in compliance with the requirements set forth in this Chapter. Upon the determination by the board that the applicant has complied with the requirements of this Chapter, the board shall issue to such applicant a permit to operate a cosmetic art shop. A fee of twenty-five dollars ($25.00) shall be paid to the board for the inspection of a cosmetic art shop. Such fee must accompany the application for a permit to operate a cosmetic art shop at the time such application is filed with the board.
All cosmetic art shops in operation as of February 1, 1976, shall be required to make application to the Board of Cosmetic Art, on forms supplied by the board, for a permit to operate. The fee required for such permit shall be three dollars ($3.00) per active booth in said shop.
Thereafter, all permits shall be renewed as of the first day of February of each and every year, and the fee for annual renewal of cosmetic art shop permits shall be as set forth in G.S. 88-21. No permit or certificate shall be transferable. Each cosmetic art shop permit shall be conspicuously posted within such cosmetic art shop for which same is issued."
Sec. 2.  G.S. 88-13 is hereby amended by deleting the word "five" in the first sentence and substituting in lieu therefor the word "three" and by adding the following sentence to the end of the first paragraph:
"Certification is required of each person prior to his appointment to the board."
The second paragraph is hereby amended by deleting the first sentence of the second paragraph and adding the following:
"On July 1, 1977, the Governor shall appoint three members for a term of three years. The Governor, at his option, may remove any member for good cause shown and appoint members to fill unexpired terms."
Sec. 3.  G.S. 88-14 is amended by inserting the following words at the beginning of the second sentence: "The board shall operate under its present structure and composure until July 1, 1977, and thereafter".
Sec. 4.  G.S. 88-15 is hereby amended by rewriting the first paragraph to read as follows:
"Each member of the Board of Cosmetic Art Examiners shall receive compensation for his services and expenses as provided in G.S. 93B-5 but shall be limited to payment for services deemed to be official business of the board.
Official business of the board deemed to be official business of the board shall include meetings called by the chairman, supervision or administering of examinations, or investigations or inspections made subject to the regulations cited in the following paragraph. No board member shall be authorized to attend trade shows or to travel out of the State and no per diem or travel expenses shall be paid for such travel unless said board member is an officer of the organization holding such meeting."
G.S. 88-15 is further amended by inserting at the end of the fourth sentence of paragraph 2 the following:
"No member of the board shall exercise this authority on a routine basis but shall do so at the direction of either the board, the chairman, the executive secretary or the inspector assigned to the territory, such direction to be governed by a complaint or problem registered with the Board of Cosmetic Art office or when an inspector deems it necessary to call in a board member. Reimbursement for per diem and travel is subject to these provisions. Prior to reimbursement, the requesting board member must submit a detailed written report to the Board of Cosmetic Art office for the official file."
Sec. 5.  G.S. 88-17 is hereby amended on line 20 by deleting the comma following the word "Examiners," inserting in lieu thereof a period, and by deleting the remainder of the paragraph and substituting in lieu thereof the following:
"Examinations held in post-secondary educational institutions shall be supervised by not more than one member of the Board of Cosmetic Art and shall be administered by teachers or instructors, other than board members, who are qualified and approved by the board. Examinations held in Raleigh shall be administered by the minimum number of board members required to conduct such examinations and the chairman of the board is authorized and empowered to make the decision, based on the number of applicants scheduled for examination, and to appoint such board members to conduct the scheduled examinations. The chairman of the board is hereby authorized and empowered to call a meeting of said board whenever necessary, said meetings to be in addition to the quarterly meetings hereinbefore provided for. No payment for per diem or travel expenses shall be authorized or paid for board meetings other than those called by the chairman of the board."
Sec. 6.  G.S. 88-21 is hereby amended by inserting the following on line 13 after the sentence ending "every year.":
"All cosmetic art shops in operation shall pay an annual fee of three dollars ($3.00) for each active booth on or before February first, if paid before it becomes delinquent, and if renewed after the same becomes delinquent, there shall be charged a penalty of ten dollars ($10.00) in addition to the regular permit fee. The fee for registration of an expired permit of a cosmetic art shop shall be twenty-five dollars ($25.00)."
Sec. 7.  G.S. 88-25 is hereby amended by the addition of a second paragraph as follows:
"Every cosmetic art shop, which continues to operate, shall annually, on or before February 1, of each year renew its permit to operate, and any permit that has not been renewed before or during the month of February in any year shall expire on the first day of March in that year. A cosmetic art shop whose permit has expired may have its permit restored immediately upon payment of restoration fee, as required in G.S. 88-21, in addition to the renewal fee."
Sec. 8.  G.S. 88-28 is hereby amended by deletion of the first paragraph and insertion of the following in lieu thereof:
"Each of the following constitutes a misdemeanor punishable upon conviction by a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00), or up to 30 days in jail, or both."
Sec. 9.  G.S. 88-23 is hereby amended by the addition of the two following paragraphs:
"The Board of Cosmetic Art shall not hereafter be authorized to grant Teacher's or Instructor's Certificates to board members during their term of appointment on said board. Teacher's or Instructor's Certificates granted to members by official action of the board, without prior examination, shall be rescinded upon such member's termination from the Board of Cosmetic Art.
Any person appointed to the Board of Cosmetic Art shall be prohibited from being employed by the board for a period of one year after that person's term of appointment expires, whether or not that person served his whole term."
Sec. 10.  G.S. 88-28.1 is hereby amended by insertion of a comma after the word "cosmetologist" on line 3, and by the addition of the words and punctuation "cosmetic art shop,".
Sec. 11.  This act shall become effective July 1, 1975.
In the General Assembly read three times and ratified, this the 25th day of June, 1975.