Any application to operate a school or branch school shall certify that the school or branch school is in compliance with all provisions of SDCL chapter 36-15 relating to schools.

Declaratory Ruling: SDCL 36-15-37 provides that "(n)o owner, employer manager, or any other person may conduct simultaneously a salon and a school, unless the salon is conducted separately from the school so as not to be construed by the public as one enterprise." A salon to be owned by the operator of a school and operating in the same premises as a school with the school's instructors as stylists and using the fixtures of the school, but not offering its services to the general public and only providing service during time when the school was not operating, with a separate entrance and signage for the salon and instructors using their own equipment and products, found to not be eligible for a salon license pursuant to SDCL 36-15-37. Cosmetology Commission Declaratory Ruling, Case No. 04-2023.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13 (1).

Law Implemented: SDCL 36-15-13 (1), 36-15-13 (4), 36-15-29 .