Minn. R. agency 221, ch. 2105, COSMETOLOGY, ESTHETICIAN, AND NAIL SALON, pt. 2105.0322

Current through Register Vol. 49, No. 27, December 30, 2024

Part 2105.0322 - MAINTAINING SALON LICENSE

Subpart 1.Scope.

The requirements in this part apply to all salon licensees.

Subp. 2.Unlicensed persons.

Salons must not employ or allow unlicensed persons to perform any board-regulated service in a salon, or allow an unlicensed person to provide regulated services without compensation.

Subp. 3.Compliance.

The licensee must comply with all applicable provisions of Minnesota Statutes and Rules.

Subp. 4.Maintain insurance.

A. The salon must maintain any required workers' compensation insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees.

B. The salon must maintain professional liability insurance as required by Minnesota Statutes, section 155A.29, subdivision 2, for the salon and salon employees, and must ensure that each practitioner leasing space in the salon continuously maintains professional liability insurance or is covered by the salon's professional liability policy.

C. The salon must maintain proof of current professional liability insurance on the salon premises for the salon and all licensees practicing under the salon license.

Subp. 5.Salon premises.

Regulated cosmetic services must not be provided in a place other than a licensed salon or licensed school, or as otherwise provided by this chapter.

Subp. 5a.Remodel of physical premises.

A salon that is remodeling or adding additional contiguous space to the current licensed salon is not required to report such changes to the board, but must ensure that any changes made are in compliance with this chapter and with applicable building codes and permit processes.

Subp. 6.Change of location.

A salon license must not be transferred when the salon moves to a new location. The salon must apply for a new salon license and has 60 days after a move to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued. A mobile salon moving to a new vehicle or new mobile structure must not begin operating in the new vehicle or new mobile structure until the new mobile salon has been issued a license.

Subp. 7.Change of name.

This part applies only to salon name changes and does not apply to changes of ownership. The board must reissue the salon license in the new name under the same license cycle after the salon owner has met the requirements of this subpart. Within 60 days of the name change, the salon owner must:

A. submit a salon name change form to the board;

B. provide legal documentation of the name change and any other documents the business is required to file with the secretary of state under state law because of the name change;

C. provide a certificate of insurance showing the salon's new name for professional liability insurance;

D. provide a certificate of insurance in the new salon name for workers' compensation insurance if applicable; and

E. pay the fees required in Minnesota Statutes, section 155A.25.

Subp. 8.Change of owner.

A salon license must not be transferred when the salon is sold, or when a corporation owning a salon is sold. If the salon license has not expired, the new owner has 60 days after the date of the change of ownership to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued. If the salon license is expired at the time of the change of ownership, the new owner may not operate the salon until the salon is licensed.

Subp. 9.Change of business structure.

A salon license must not be transferred when the business structure of the owner is changed. The salon must apply for a new salon license and has 60 days after the change of business structure to become licensed according to part 2105.0310. If a new license has not been issued by day 61, the salon must cease operations until a license is issued.

Subp. 10.Change of DLSM.

The salon owner must inform the board in writing within ten business days of the departure or resignation of the DLSM. The salon has 60 days from the date of the change to register with the board a new DLSM meeting the requirements of part 2105.0305.

Minn. R. agency 221, ch. 2105, COSMETOLOGY, ESTHETICIAN, AND NAIL SALON, pt. 2105.0322

41SR305; 41 SR 305; 43 SR 347