454.08 Establishment licenses.

(1)

(ag)

1. The examining board shall promulgate rules permitting the practice of electrology outside of a licensed establishment.

2. The examining board shall promulgate rules permitting the use of a chemical process in the practice of cosmetology, aesthetics, or manicuring outside of a licensed establishment, except that the examining board may not promulgate any rule that restricts the use of a chemical process in cutting or styling hair in the practice of cosmetology or applying cosmetics, oils, lotions, clay, creams, antiseptics, powders, or tonics in the practice of aesthetics.

(ar) A person may practice cosmetology, aesthetics, or manicuring outside of a licensed establishment if all of the following apply:

1. The person owns, manages, is employed by, or is affiliated with an establishment that is licensed to provide that service under sub. (2).

2. The person brings the certificate furnished to the person under s. 454.06 (7), or a copy, to the location where cosmetology, aesthetics, or manicuring is practiced.

3. The service provided by the person does not involve the use of a chemical process, except for the use, outside of a licensed establishment, of a chemical process in cutting or styling hair in the practice of cosmetology or applying cosmetics, oils, lotions, clay, creams, antiseptics, powders, or tonics in the practice of aesthetics.

(b) Except as permitted under par. (ag) or (ar), no person may practice cosmetology, aesthetics, electrology, or manicuring in an establishment unless the establishment is licensed to provide that practice under sub. (2).

(2) The examining board shall issue the following establishment licenses:

(a) A cosmetology establishment license that authorizes the practice of barbering, cosmetology, aesthetics, electrology, and manicuring in the licensed establishment.

(b) An aesthetics establishment license that authorizes the practice of aesthetics in the licensed establishment.

(c) An electrology establishment license that authorizes the practice of electrology in the licensed establishment.

(d) A manicuring establishment license that authorizes the practice of manicuring in the licensed establishment.

(3) The examining board shall issue an establishment license to any person who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and who satisfies the requirements established by the examining board by rule, including proof of ownership of the business. Any change of ownership shall be reported to the examining board by the new owner within 5 days after the change of ownership.

(4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed establishments as they relate to the public health and safety. The examining board may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a barber or cosmetologist in an establishment licensed under this section. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form provided by the department.

(5) A person who is not licensed under s. 454.06 by the examining board may own or operate an establishment, but may not practice barbering, cosmetology, aesthetics, electrology, or manicuring.

(6) A person who owns a cosmetology establishment shall employ at least one person as a manager who holds a cosmetology license and manages the establishment on a full-time basis. The manager of a cosmetology establishment shall ensure that the establishment operates in compliance with this subchapter and rules promulgated by the examining board.

(7) Commercial businesses and practices other than barbering or cosmetology may be operated within a licensed establishment, except that a business or practice which poses a sanitation or health hazard may not be conducted within a licensed establishment.

(8) The examining board shall furnish a certificate to the owner of a licensed establishment, certifying that the establishment is licensed by the examining board. The owner shall post the certificate in a conspicuous place in the establishment.

(9) The renewal date for licenses issued under this section is specified under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

History: 1987 a. 265; 1991 a. 39; 1997 a. 27; 2007 a. 20; 2011 a. 146, 190, 193; 2013 a. 165; 2017 a. 82.