PURPOSE: This rule clarifies and explains the licensing procedure and requirements for all cosmetology establishments, including, but not limited to, beauty shops and nail salons.

1. (1) New Shops.

   1. (A) Any person desiring to open a shop in Missouri, whether a beauty shop, nail salon or other cosmetology establishment, shall submit an application to the board at least thirty (30) days prior to the anticipated opening of the shop. The shop license application shall be submitted on a form provided by the board, accompanied by the biennial shop fee, and include the following information:

      1. 1. The name and complete mailing

address of the owner(s) or lessor(s) and lessee(s). If the shop is owned by a corporation, include the name and complete mailing address of the corporate office;

1. 2. The shop’s name and complete phys-

ical address;

1. 3. A copy of the proposed/existing

shop’s floor plan, including the approximate dimensions and square footage, specifically identifying which portions of the establishment constitute the shop to be licensed; and

1. 4. Other information as the board shall

deem necessary, relevant and reasonable, including but not limited to copies of the fictitious name statement registered with the secretary of state, bill of sale or sale receipt, sales contract or lease agreement, and business or occupational license.

1. (B) Upon receipt of a properly completed shop license application, the board, within a reasonable time, will make a decision to approve or deny the application. In the event the board shall deny an application, the applicant shall be notified, in writing, of the specific reasons for denial.

2. (C) No shop shall open in Missouri until the board receives a completed application, on a form supplied by the board, the biennial shop fee, the shop passes a board inspection, and the application is approved by the board. If a shop opens for business before the board issues the original shop license, a delinquent fee shall be assessed in addition to all other required licensure fees, and the board may

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take legal action pursuant to section 329.140, RSMo.

1. (2) Any licensed cosmetologist practicing the profession of cosmetology in a barber shop or in a licensed cosmetology shop other than as a shop employee must possess a current shop license as well as an operator license and shall make application in accordance with the provisions and requirements defined in 4 CSR 90-4.010(1), (3) and (4).

2. (3) License.

   1. (A) Original Licensure. Each certificate of registration (license) for a shop issued by the board shall be valid only for the premises named and located at the address provided in the initial shop license application. The initial shop license holder shall retain shop ownership and responsibility for ensuring that the shop is operated according to all provisions of Chapter 329, RSMo, and board rules and regulations. If at any time during the license period the shop location, name, and/or ownership changes, the initial shop license shall become void. No cosmetology services may be performed or offered to be performed until the shop is licensed at the new location, under the new name, and/or under the new owner(s).

      1. 1. Change of location. No shop shall

open at a new location in Missouri until the board receives a new shop license application, on a form supplied by the board, the biennial shop fee, the shop passes a board inspection, and the application is approved by the board.

1. 2. Change of ownership. No shop shall

open under new ownership until the board receives a new shop license application, on a form supplied by the board, the biennial shop fee, the shop passes a board inspection, and the application is approved by the board.

1. 3. Change of name. No shop shall

change its name until the board receives a new shop license application under the new name, on a form supplied by the board, the biennial shop fee, the shop passes a board inspection, and the application is approved by the board. The board must approve the proposed name change prior to changing the business name and revising any printing or advertising materials.

1. 4. Deleting a co-owner. If a co-owner(s)

ceases ownership of a shop, it shall be the responsibility of the shop’s remaining owner(s) to notify the board of this change in writing. The written notice shall serve as documentation of the change and a new application shall not be required.

1. 5. A corporation is considered by law to

be a separate person. If a corporation owns 20 CSR 2090-4

a shop, it is not necessary to obtain a new shop license or to file an amended application for a shop license if the owners of the stock change. However, as a separate person, if a corporation begins ownership of a shop or ceases ownership of a shop, a new shop license must be obtained regardless of the relationship of the previous or subsequent owner to the corporation.

1. (B) Delinquent Fee. If a shop opens for business before the board issues a new shop license following a change of location, name, or ownership, a delinquent fee shall be assessed in addition to all other required licensure fees, and the board may take legal action pursuant to section 329.140, RSMo
2. (C) Additional Operators. The minimum biennial fee for a shop shall license the shop for up to three (3) operators, including apprentices, students with temporary permits, or both. An additional fee is required for each additional operator working in the shop. If at any time during the license period the number of operators working in the shop exceeds the number of operators for which the shop is licensed, it is the responsibility of the holder(s) of the shop license to submit written notification to the board along with the fee for each additional operator.
3. (D) Duplicate License. If a shop license has been destroyed, lost, mutilated beyond practical usage or was never received, the holder(s) of the shop license may obtain a duplicate by following the procedures set forth in 4 CSR 90-13.040.
4. (E) Display of License. Shop licenses shall be posted in plain view within the shop at all times. Shop licenses issued to a station or booth rental establishment shall be posted in plain view at the respective work station. Operator licenses, apprentice licenses or student temporary permits shall either be posted at each respective assigned work station or all posted together in one (1) conspicuous, readily accessible, central location within the shop area that will allow easy identification of the persons working in the shop by clients, board representatives or the general public. Photographs taken within the last five (5) years shall be attached to operator licenses. Photographs taken within the last two (2) years shall be attached to apprentice licenses and student temporary permits.
5. (F) Renewal of License. All existing, currently licensed shops in Missouri, shall submit on or before the renewal date, an application to the board for renewal of the shop license accompanied by the biennial renewal fee and the information required by 4 CSR 90-4.010(1)(A). Renewal notices are sent out by the board as a courtesy. It is the responsibility of the holder(s) of the shop license to FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

renew the license by the expiration date. Failure to receive a renewal notice does not relieve the holder(s) of this responsibility.

1. (G) Reinstatement of License. The holder(s) of a shop license which has not been renewed by the renewal date shall be required to submit a late fee in addition to the biennial renewal fee in order to reinstate the license. The holder(s) of the shop license who continues to operate although the license has not been renewed shall be subject to disciplinary action for operating an unlicensed shop if the shop license is not reinstated within ten (10) working days following the mailing of a notice to the holder(s) or sixty (60) days from the renewal deadline, whichever is later, for operating a shop without a license.

2. (H) Shop Closures.

   1. 1. Voluntary shop closures. When a

shop terminates its business, the holder of the shop license shall provide written notice of the shop closure to the board within thirty (30) days following the closure. This written notice may be submitted on a form provided by the board or by letter. The notice must be signed by the holder of the shop license and include the name, address and license number of the shop, the name and address of the shop license holder, and the date of closure. Upon actual termination of business, the shop license shall be returned to the board for surrender either in person or by registered or certified mail. If the original license has been lost, stolen, destroyed, or was never received, the shop license holder shall submit along with the notice of voluntary closure an affidavit attesting to such facts.

1. 2. Administrative shop closures by the

board. When a shop terminates its business and the shop license holder fails to submit to the board a notice of voluntary closure, the board or its representative may administratively close the shop by submitting notice of an administrative shop closure to the board. The board shall provide written notice of the administrative shop closure by mailing written notice to the shop and to the last known address of the shop license holder. An administrative shop closure shall not be considered discipline.

1. 3. The board shall not mail a renewal

application for the next licensing period to those shops which have been voluntarily or administratively closed.

1. 4. No one licensed by the board may

perform or offer to perform cosmetology services in a voluntarily closed shop until a new shop license has been issued by the board.

1. 5. Where the board administratively

closes a shop for which the shop license has not otherwise expired, no one may perform or offer to perform cosmetology services in that shop until the holder of the shop license notifies the board in writing that the shop is again open for business. Upon receipt of such notice, the board shall restore the status of the shop license for the remainder of the current licensing period, provided all fees have been paid.

1. (4) Shop Inspections. It shall be the responsibility of the holder(s) of the shop license to keep the board informed of the shop’s business hours and make that shop available for inspection by the board or its representative. Failure to respond to a request by the board for a list of times during which the shop is open constitutes grounds for disciplinary action against the holder(s) of the shop license pursuant to section 329.140, RSMo.

2. (5) Apprentice Shops.

   1. (A) Any person desiring to initiate a program of apprenticeship training in a shop shall provide to the board the following information at the same time as the necessary application for the apprentice supervisor listed in subsection (6)(A):

      1. 1. The name and address of the appren-

tice shop;

1. 2. The floor plan of the apprentice shop;
2. 3. The contract, if any, between the

apprentice supervisor and the apprentice;

1. 4. Two (2) letters of character reference

for the apprentice supervisor;

1. 5. Two (2) additional letters of reference

from licensed cosmetologists affirming the apprentice supervisor’s competence as a cosmetologist; and

1. 6. An affidavit attesting that the appren-

tice supervisor shall personally supervise the apprentice during the apprenticeship.

1. (B) It shall be required for the apprentice shop to be duly inspected and approved by the board or its authorized representative prior to commencement of apprentice training.
2. (C) Any shop advertising the services of an apprentice, in addition, shall provide notice, in print one-half (1/2) the size of the shop name, that the apprentice is a student of cosmetology and/or manicuring.
3. (D) The apprentice shop shall not hold itself out as a school and shall not train/supervise more than one (1) apprentice at a time. The apprentice shop shall not accept any fee from the apprentice or any representative of the apprentice.
4. (E) Subjects of apprenticeship study shall conform to Columns B, C and D in 4 CSR 90-2.010(5)(A).
5. (F) The apprentice license shall be conspicuously posted at the appropriate station at all times and shall have a photograph attached which has been taken within the last two (2) years. The apprentice license is not transferable.

1. (6) Apprentice Supervisors.

   1. (A) Any person desiring to practice as an apprentice supervisor shall have been licensed as a cosmetologist and/or manicurist for not less than two (2) years immediately prior to application as an apprentice supervisor. Said person shall provide to the board—

      1. 1. The name and address of the appren-

tice to be supervised;

1. 2. Apprentice supervisor application

properly completed on a form supplied by the board;

1. 3. Two (2) letters of character reference

for the apprentice supervisor;

1. 4. Two (2) additional letters of reference

from licensed cosmetologists affirming the applicant’s competence as a cosmetologist and/or manicurist;

1. 5. Proof of successful completion of a

twelfth grade education (diploma or General Educational Development (GED) certificate);

1. 6. Two (2) bust photographs measuring

two inches square (2" × 2") taken within the last two (2) years;

1. 7. An affidavit attesting that the appren-

tice supervisor shall be physically present at all times that his/her apprentice is receiving credited hours toward the required minimum for testing. For emergency purposes one (1) secondary licensed cosmetologist/manicurist from the apprentice shop shall be named as acting apprentice supervisor. The acting supervisor shall not be responsible for more than a total of five percent (5%) or one hundred fifty (150) hours of supervision for a cosmetology apprentice. The acting supervisor shall not be responsible for more than a total of five percent (5%) or thirty-five (35) hours of supervision for a manicuring apprentice. The designation of an acting supervisor is limited to cases of sickness, vacation, or emergencies of the apprentice supervisor and any misuse of this privilege shall result in said supervisor’s certificate revocation. The acting apprentice supervisor shall hold a current license consistent with the training of the apprentice and must be named and approved;

1. 8. Application for a board-approved

training session emphasizing teaching methodology. The session shall be eight (8) hours in length. Those apprentice supervisor applicants who currently are licensed instructors in the state of Missouri may forego the training session for becoming a supervisor; and

1. 9. The training session fee.

   1. A. Upon the receipt by the board of

all items required by subsection (6)(A), the

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board shall schedule the applicant for seminar training as an apprentice supervisor.

1. B. Upon the successful completion of

the seminar, the board shall issue the applicant a certificate as an apprentice supervisor. The apprentice supervisor certificate shall expire upon the apprentice’s completion of training hours. The apprentice supervisor certificate is nontransferable and nonrenewable, unless an extension of the certificate is necessary for the apprentice to complete his/her hours. The apprentice supervisor certificate shall be conspicuously displayed within the apprentice shop with a photograph taken within the last two (2) years.

1. C. The apprentice supervisor shall

not hold him/herself out as a school and shall not train/supervise more than one (1) apprentice at a time. The apprentice supervisor shall not accept any fee from the apprentice or any representative of the apprentice for instruction, rent, supplies, equipment or any other necessary tools for instruction.

1. D. The apprentice supervisor must

provide the following equipment: dresserette, mannequin, manicure table and supplies, current textbook on theory, facial equipment, thermal iron, hairdressing supplies and other equipment as deemed necessary and reasonable by the board.

1. E. The apprentice supervisor shall

submit monthly reports by the tenth day of the following month for the apprentice in training on forms supplied by the board. Upon termination of training by the apprentice, submit to the board within two (2) weeks a properly completed termination form supplied by the board. The form shall list the total number of training hours completed by the apprentice, allocated by subject area, the date the apprentice terminated training, and shall be accompanied by the apprentice’s license and any unused materials supplied by the board.

1. F. All previously approved apprentice

supervisors applying to supervise an apprentice after September 1, 1995, shall comply with all regulations for apprentice supervisors as set forth in 4 CSR 90-4.010.

1. G. The apprentice supervisor has thir-

ty (30) days to begin training of apprentice subsequent to attending the board-approved training session as referenced in 4 CSR 90- 4.015.

1. H. The board shall grant a waiver of

the training session fee and completion of a board-approved training session provided—

1. (I) Within the first six (6) months

of the date of issuance of the apprentice supervisor certificate either party terminates the training; and

1. (II) The apprentice supervisor

reapplies to supervise a new apprentice within the same six (6) months.

AUTHORITY: sections 329.010, 329.050 and 329.210, RSMo Supp. 2003 and 329.045 and 329.230, RSMo 2000.* This rule originally filed as 4 CSR 90-4.010. This version of rule filed June 26, 1975, effective July 6, 1975. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Dec. 10, 1981, effective March 11, 1982. Amended: Filed Oct. 14, 1986, effective Jan. 30, 1987. Amended: Filed June 16, 1987, effective Aug. 27, 1987. Amended: Filed April 19, 1989, effective July 1, 1989. Amended: Filed Aug. 2, 1990, effective Dec. 31, 1990. Amended: Filed June 24, 1993, effective Dec. 9, 1993. Amended: Filed Nov. 30, 1994, effective May 28, 1995. Amended: Filed Dec. 14, 1995, effective June 30, 1996. Amended: Filed July 11, 2000, effective Jan. 30, 2001. Amended: Filed Aug. 2, 2004, effective Feb. 28, 2005. Moved to 20 CSR 2090-4.010, effective Aug. 28, 2006.

*Original authority: 329.010, RSMo 1939, amended 1979, 1995, 2001, 2004; 329.045, RSMo 1951, amended 1959, 1961, 1979, 1981, 1995, 1997; 329.050, RSMo 1939, amended 1945, 1949, 1961, 1981, 1989, 1995, 1996, 2001; 329.210, RSMo 1939, L. 1945, amended 1945, 1949, 1981, 1987, 1993, 1995, 1998, 2001 and 329.230, RSMo 1945, amended 1981.