September 15, 2011, Introduced by Reps. Durhal, Liss, Haugh, Slavens, Lane, Smiley, Olumba, Stallworth, Tlaib, Segal, Hammel, Womack, Talabi, Santana and Jackson and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1101, 1111, 1112, and 1117 (MCL 339.1101,
339.1111, 339.1112, and 339.1117), sections 1101 and 1112 as
amended by 1984 PA 25, section 1111 as amended by 1988 PA 463, and
section 1117 as amended by 2003 PA 207.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1101. As used in this article:
(a)
"Barber" means a person who shaves or trims the beard of a
person
an individual; cuts, trims, shampoos, relaxes, curls,
permanently waves, dresses, tints, bleaches, colors, arranges, or
styles
the hair of a person an
individual; massages the face and
head
of a person an individual; or renders personal services of a
similar nature customarily done by a barber.
(b)
"Barber college" means an establishment which that renders
for
compensation the services of a barber, but having for has as
its primary purpose the teaching for compensation of the theory and
practice of serving as a barber.
(c) "Barbershop" means a place, establishment, or premises or
part
of a premises where a person performs as a barber 1 or more
individuals perform as barbers. Barbershop includes a mobile
barbershop.
(d) "Demonstration" means a show, seminar, or contest in which
barber services are rendered for the purpose of educating barbers.
(e)
"Demonstrator" means a person an individual who performs a
service of a barber at a demonstration.
(f)
"Immediate family" means persons individuals residing
together who are related by birth, marriage, or adoption.
(g)
"Instructor" means a person an individual who instructs
another in the theory and practice of serving as a barber.
(h) "Mobile barbershop" means a barbershop located on or
within a motor vehicle or motor home.
(i) (h)
"Student" means a
person an individual learning the
theory and practice of serving as a barber.
(j) (i)
"Student instructor"
means a person an
individual
learning the theory and practice of teaching barbering.
Sec. 1111. (1) The department shall issue a license to a
barbershop
which that fulfills all of the following requirements:
(a) Has made, through its owner, application to the
department. The application shall include a description of the
premises for which licensure is sought.
(b) Has satisfactorily passed an inspection to determine that
the barbershop has met sanitation and establishment standards
prescribed in rules promulgated under this article.
(2)
A Subject to subsection
(5), a barbershop shall be
completely partitioned from a dwelling and shall not be occupied
for lodging or residential purposes.
(3) The transfer of ownership or location of a nonmobile
barbershop
shall automatically revoke its license. A The department
shall
not grant a new license shall not be
granted to a new owner
or
at a new location unless the requirements of subsection (1) have
been
are fulfilled.
(4)
The licenses of the a barbershop and all barbers working
in the barbershop shall be displayed in a prominent place visible
to the public at all times. The license of an individual barber may
be posted at the barber's work station.
(5) The department shall issue a mobile barbershop permit to
an applicant that submits a completed application for a barbershop
license or to an applicant that currently holds a license for a
barbershop. The department shall not issue a mobile barbershop
permit to a person that does not apply for or hold a barbershop
license. An applicant shall submit documentation acceptable to the
department that demonstrates compliance with the standards adopted
by the department in rules promulgated pursuant to section 1112.
The department is not required to issue any permits under this
subsection until the expiration of 120 days after the rules
promulgated under section 1112(2) are filed with the secretary of
state.
Sec. 1112. (1) The board shall promulgate rules setting forth
standards for sanitation in barbershops and barber colleges.
(2) The department shall promulgate rules setting standards
for the operation of mobile barbershops. The rules shall provide
standards that are as stringent as those applicable to nonmobile
barbershops regarding the protection of the public health and may
include reasonable provisions for the implementation and
administration of the mobile barbershop permit.
Sec. 1117. (1) Except as otherwise provided in this section
and section 1111(5), an individual may provide barber services
shall
only be rendered in premises
licensed by the department under
this article.
(2) A barber may render services outside of a barbershop to a
patient in a hospital, nursing home, home for the aged, or similar
facility
or to a person an
individual in the person's his or her
home
if it is impractical or unsafe for the patient or person
individual to travel due to frailty, age, injury, or illness.
(3) (2)
The department may issue a
demonstration permit, valid
for not longer than 1 year, to allow demonstrations on premises
that are not in use as a barbershop. The holder of a demonstration
permit shall maintain health, safety, and sanitation standards as
set forth in rules authorized under this article. The department
may issue a demonstrator permit, valid for no longer than 1 week,
to
a person an individual who
is not licensed in this state to
perform barbering services solely for the purposes of
demonstration,
provided that the demonstrator is duly licensed or
otherwise authorized to perform barbering services under the laws
of another state, jurisdiction, or country.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
01258'10 a) of the 96th Legislature is enacted into law.