Can You Rent Chairs In Pennsylvania?
In order to check more state sites for myself, I need more questions to inspire me. Since I live in PA then of course those questions would be the ones that interest me more and after seeing someone openly advertise with a sign outside their shop advertising a rental chair it led me to investigate a bit further because I was always told that it was illegal in PA to rent a chair, even though they continue to use this practise. I want to know if it’s legal now, so I shall investigate and report my updated information.
This is what I found:
RENTAL OF BOOTH SPACE: The rental of booth space (i.e., chair leasing,
subcontracting, independent contractor)within a licensed cosmetology shop
is prohibited. A licensee must be em-ployed by the shop and is considered an employee only if taxes are collected by the employer. An employer who does not collect taxes is renting booth space.
The following information is from State Board of Barber Examiners shop licensure application.
BOARD POLICIES/INTERPRETATIONS
Prohibited vs. Permitted Shop Activities
ADVERTISING: Advertising by any medium is permissible as long as the advertising is not misleading, deceptive, or fraudulent on its face, by inference or by actual effect.
CHAIR RENTAL: The Barber Board takes no position on the renting of chairs within a licensed barber shop. It is the consensus of the board that a shop owner could rent chairs as long as the shop owner has a contract with those renting. It should be noted that the shop owner is ALWAYS responsible for any violation in the shop regardless if they occur in the chair rental area.
The requirements of a shop license concerning supervision and control of a shop mandate that the shop owner or shop manager must have the ability to control and supervise all aspects of the operation of a shop. Any agreement for the rental of a chair must reserve to the shop owner the right to supervise and control the services rendered in the shop in accordance with the Barber Law and Rules and Regulations of the Board.
The agreement should be made in writing and should clearly state that it is the intent and understanding of the involved parties that nothing in the rental agreement should be construed to prohibit or limit the owner from operating the shop in accordance with the Barber Law and Board regulations/requirements. The shop owner must make arrangements for employer/employee business affairs. The board cannot advise the owner regarding business affairs.
MANICURING: Manicuring is permitted within barber shops if the services are performed by a licensed manicurist or cosmetologist.
NAIL ENHANCEMENT PRODUCTS (METHYL METHACRYLATE): For barber shops that offer manicuring services performed by licensed cosmetologists or manicurists: Licensee use or possession of nail enhancement products containing methyl methacrylate or similar like harmful chemicals is prohibited. Any such use or possession will be considered gross incompetence and/or unethical practice subject to prosecution.
PETS IN SHOPS: Nothing in the Barber Law or Rules of the Board prohibit pets from being in shops provided they are kept in a clean, sanitary condition.
