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AB-817 Barbering and cosmetology: mobile units.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB817:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 817


Introduced by Assembly Member Kiley

February 20, 2019


An act to amend Sections 7354, 7355, 7356, and 7357 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 817, as introduced, Kiley. Barbering and cosmetology: mobile units.
Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbering and cosmetology. The act, for provisions related to the operation and licensing of mobile units, defines a mobile unit to mean a self-contained, self-supporting, enclosed mobile unit that is at least 24 feet in length, that is licensed as an establishment for the practice of any occupation licensed by the board, and that complies with specified provisions and regulations. The act requires an application for a state license to operate a mobile unit and an application to transfer ownership or control of a licensed mobile unit to include, among other items, a detailed floor plan, specified proof of purchase or lease of the mobile unit and shop equipment, copies of certain local licenses or permits, and proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws. The act requires a state license to authorize the operation of the unit only within designated geographical boundaries, and makes the operation of the unit outside those boundaries unlawful, unless a license for the expanded geographical area has been obtained, as specified. The act requires a mobile unit to be equipped with a list of specified functioning systems, including, among others, a specified container for waste materials, a specified toilet, and a self-contained, potable water supply, as specified. The act requires, in the event of depletion of potable water, the operation of the mobile unit to cease until the supply is replenished. A violation of the act is a crime, unless otherwise provided.
This bill would revise the definition of mobile unit to mean a self-contained, self-supporting, enclosed movable unit in which any activity licensed under this chapter is practiced. The bill would remove the requirements that the above-described applications include copies of certain local licenses or permits and proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws, and would, instead, require those applications to include a signed acknowledgment under penalty of perjury that they are in compliance with all applicable city and county requirements, including plumbing, electrical, and fire laws. The bill would remove the requirement that the application for a state license include proof of purchase or lease of the shop equipment. The bill would remove the geographical boundaries limitations on the license to operate a mobile unit. The bill would revise the list of functioning systems with which a mobile unit is required to be equipped to, among other things, remove the specified container for waste materials and the specified toilet. The bill would make the requirement that a mobile unit be equipped with a self-contained, potable water supply contingent upon the mobile unit offering shampooing services, and would remove the requirement that operation of the mobile unit cease if the supply is depleted. By imposing additional requirements on persons licensed under the Barbering and Cosmetology Act, a violation of which is a crime, and by expanding the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7354 of the Business and Professions Code is amended to read:

7354.
 For purposes of this article, “mobile unit” means any a self-contained, self-supporting, enclosed mobile movable unit which is at least 24 feet in length which is licensed as an establishment for the practice of any occupation licensed by the board and which complies with this article and all health and safety regulations established by the board. in which any activity licensed under this chapter is practiced.

SEC. 2.

 Section 7355 of the Business and Professions Code is amended to read:

7355.
 (a) Any A person, firm, or corporation desiring to operate a mobile unit shall make an application to the board for a license containing the information and data set forth in subdivision (b). 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 pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the unit only within those geographical boundaries designated by the board. Operation of the unit outside of the geographical boundaries for which the license is issued shall be unlawful, unless a license for the expanded geographic area has been obtained upon compliance with this article applicable to the issuance of a license in the first instance.
(b) Each application shall include the following:
(1) A detailed floor plan showing the location of doors, windows, restroom facilities, sinks, lift or ramps, ventilation, equipment, and dimensions of the mobile unit in compliance with this article. unit.
(2) Proof of purchase or lease of the mobile unit and shop equipment. unit.
(3) The required fee.

(4)Copies of applicable county and city licenses or permits to provide the mobile barbering, cosmetology, or electrolysis services in each county and city of operation and the locations therein where the services will be offered.

(5)Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws.

(4) A signed acknowledgment that the applicant is in compliance with all applicable city and county requirements, including plumbing, electrical, and fire laws.

(6)

(5) Proof of a valid California driver’s license issued to an officer or employee responsible for driving the mobile unit.

(7)

(6) A permanent base address from which the mobile unit shall operate.
(c) After initial approval of the floor plan and application has been granted, the applicant shall schedule an appointment to show the mobile unit to the board, or representative of the board, for final approval.

SEC. 3.

 Section 7356 of the Business and Professions Code is amended to read:

7356.
 An application to transfer ownership or control of an existing licensed mobile unit shall be filed by the purchaser or lessor with the board within 10 days after purchase. Each application shall include the following:
(a) A detailed floor plan showing the location of doors, windows, restroom facilities, sinks, lift or ramps, ventilation, equipment, and dimensions of the mobile unit.
(b) Bills of sale or lease documents proving purchase or lease of existing equipment and the mobile unit.
(c) The existing mobile unit license.
(d) The required fee.

(e)Copies of applicable city and county licenses or permits to provide the mobile services in each county and city of operation issued in the new owner’s name.

(f)Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws.

(e) A signed acknowledgment that the applicant is in compliance with all applicable city and county requirements, including plumbing, electrical, and fire laws.

(g)

(f) Proof of a valid California driver’s license issued to an officer or employee responsible for driving the mobile unit.

SEC. 4.

 Section 7357 of the Business and Professions Code is amended to read:

7357.
 (a) Mobile units A mobile unit shall comply with regulations adopted by the board that assure that the unit shall be kept clean, in good repair, and in compliance with this article.
(b) Each A mobile unit shall be equipped with each of the following functioning systems:
(1) A self-contained, potable water supply. The potable water tanks shall be not less than 100 gallons, and the holding tanks shall be of adequate capacity. In the event of depletion of potable water, operation shall cease until the supply is replenished. supply if shampooing services are offered.
(2) Continuous, on-demand hot water tanks which shall be not less than six-gallon capacity.

(3)A self-contained, recirculating, flush chemical toilet with holding tank.

(4)A covered galvanized, stainless steel, or other noncorrosive metal container for purposes of depositing hair clippings, refuse, and other waste materials.

(5)A split-lead generator with a remote starter, muffler, and a vent to the outside.

(6)A sealed combustible heater with an outside vent.

(3) A system of adequate ventilation.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.