S.P. 701 - L.D. 1946
An Act to Simplify the Process of Transferring Ownership of a Business Licensed by the Board of Barbering and Cosmetology in Cases of Death or Divorce
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, changes to the law regarding the relicensure of barber and cosmetology shops is immediately needed to ensure the prompt and financially equitable change of ownership of such shops in the event of death or divorce of one of the owners; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §14224, sub-§2, as enacted by PL 1991, c. 397, §6, is repealed and the following enacted in its place:
2. Operation of shop; license required. A person, firm or corporation may not provide services in, operate or cause to be operated a shop where cosmetology, barbering, manicuring or aesthetics is practiced unless that shop has been duly licensed by the board. A license issued pursuant to this subsection
authorizes the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location is unlawful unless a license for the new location has been obtained in compliance with this chapter and applicable board rules.
Booths attached to or within a licensed shop that are operated independently are subject to licensure, fees and applicable rules in the same manner as independent shops. The board may establish rules for the operation of booths.
Shop licenses are issued on July 1st and must be renewed biennially unless otherwise provided by the commissioner. The fee is payable to the board.
Sec. 2. 32 MRSA §14224, sub-§§2-B to 2-D are enacted to read:
2-B. Change of ownership; change of location. The owner of a new shop is required to apply to the board for licensure of that shop. The owner of a licensed shop that undergoes a change in location is required to reapply to the board for licensure. The owner or owners of a licensed shop that undergoes a change in ownership shall notify the board within 7 days of the change. If a shop has more than one owner and the change in ownership results from the death or divorce of one of the owners, the notice must be provided to the board as set forth in subsection 2-C. Whenever there is a change of ownership, the shop license is valid for 30 days from the transaction date to allow the new owner to comply with this section.
2-C. Ownership changes resulting from death or divorce of an owner. If a licensed shop has more than one owner and ownership changes as a result of the death or divorce of one of the owners, the board shall reissue the license for the remaining license period as long as a remaining owner is named on the existing license and the board is notified within 30 days of the divorce decree or the date of death. A shop license is valid for 60 days following the death of the person in whose name the shop is licensed.
2-D. Special inspections. A shop that requires a special inspection, such as a new shop or a shop that changes location or ownership, may be assessed a separate inspection fee.
Sec. 3. 32 MRSA §14238, sub-§1, ¶¶M and N, as enacted by PL 1991, c. 397, §6, are amended to read:
M. For a late fee, $30; and
N. For a late filing penalty fee for repeat offenders, $100.; and
Sec. 4. 32 MRSA §14238, sub-§1, ¶O is enacted to read:
O. For reissuance of a shop license after an ownership change when at least one owner retains ownership, $10.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 25, 1998.
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