O61-16 ORDINANCE NO. 61-16
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGULATING THE PRACTICE OF BARBERING AND OPERATION OF
BARBER SHOPS WITHIN THE MUNICIPAL LIMITS OF SAID CITY,
PROVIDING FOR THE ESTABLISHMENT OF A BOARD OF
BARBER EXA1V~RS; DEFINING AND ESTABLISHING QUALIFICA-
TIONS OF MASTER BARBERS, JOURNEYMEN BARBERS AND
APPRENTICE BARBERS AND REQUIREMENTS FOR THE
ISSUANCE OF LICENSES THERETO: PROVIDING FOR RENEWAL,
SUSPENSION, REVOCATION OF SUCH LICENSES AND ESTAB-
LISHING FEES THEREFOR: PROVIDING PENALTIES FOR
VIOLATIONS THEREOF~ AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
BE IT ORDAINED by the City Council of the City of Boyi~ton Beach, Florida:
Sec. 1. Definitions.
For the purpose of this chapter the following words and phrases shall
have the meanings ascribed to them as follows:
(a) Barbering: Any one or any combination of the following practices
(when not done for the treatment of disease and when done for the payment
either directly or indi~rectly or without payment for the public generally)
constitutes the practice of barbering:
Shaving or trimming of the beard; cutting or bobbing the hair.
Facial or scalp massage or treatment with oils, creams, lotions or
other preparations.
Singeing, shampooing or dying of the hair or applying hair tonics.
Applying cosmetic preparations, antiseptics, powders, oil, clay or
lotions to the scalp, face or neck.
(b) Barber Shop: The term "barber shopTM is hereby defined to
embrace and include any establishment or place of business wherein the
practice of barbering as hereinabove defined is engaged in or carried on.
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~c)~ Journeyman barber: Any person engaged in the occupation
barbering and working for and under a master barber.
(-d) ~Master barber: Any person engaged in the occupation barbering
and owning his own barber shop or one that manages or operates a barber
shop for others.
(e) Board: The Boynton Beach Board of Barber Examiners.
Sec. 2. Board~f barber examiners - created; composition;
appointment and qualifications of members.
There is hereby created a city board of barber examiners, which
board shall consist of three members appointed by the mayor, with the approval
of the city council of the City. Each member of such board shall be a prac-
tical barber who has practiced the business or occupation of barbering in the
city for at least three years prior to his appointment, one of whom shall be
a journeyman barber, and two of whom shall be barbers employing one or
more journeyman barbers.
Sec. 3. Same - Compensation and term of members.
The board of barber examiners shall act without co.~npensation and
shall hold office for one year from the date of their appointment and until
their successors are appointed and qualified.
Sec. 4. Same - Officers.
The board shall elect a president and secretary. The secretary
may, or may not be a member of the board.
The secretary shall keep a record of all proceedings of the board.
Sec. 5. Same - Disposition and report of moneys collected.
No fees or charges provided for under the provisions of this ordinanc~
shall be paid directly to the board of barber examiners. The payment and
collection of all such moneys shall be coordinated by the board with the city
clerk to whom same shall be directly paid and accounted for. As soon after
collection as feasible, such funds shall be transferred by the city clerk to
the general fund of the city treasury.
Sec. 6. Same - Furnishing of regulations to barber shop propriei, ors.~,
for posting.
The board shall furnish to the owner or manager of each barber
shop a copy of the rules and regulations and sanitary requirements which
shall be posted in a conspicuous place in such barber shop bY the owner or
manager thereof.
Sec. 7. Same - Examination and inspection of barber shop; right
of entry.
It shall be the duty of the board of barber examiners to examine and
inspect, from time to time, all barber shops operating in the city and for
this purpose the board shall have and is hereby given authority to enter and
inspect any barber shop at any time when it is open for the transaction of
business.
Sec. 8. Same - Report of chapter violations to police.
It shall be the duty of the board of barber examiners to report to the
chief of police of the city any violation by any barber or barber shop of any of
the provisions of this chapter.
Sec. 9. Same - Refusal and revocation of certificates of registration
It shall be the duty of the board of barber examiners to refuse to
issue any certificate of registration and to revoke any such certificate pre-
viously issued for any of the grounds described in section 476.14 Florida
Statutes 1949. No such certificate of registration however, shall be revoked
unless written charges under oath shall be filed with the secretary of the
board against the holder of such certificate, and unless the holder of such
certificate Shall be given at least ten days notice in writing that a hearing
will be held by the board upon such charges. In any such hearing the board
may administer oaths, and may procure kY its subpoena attendance of wit-
nesses or production of relative books and papers, and the person whose
certificate is involved shall likewise have the right to request attendan~e~of
witnesses and to produce any testimony, or to cross-examine the board's
witnesses. If, within ninety days after the revocation of any certificate of
~t~ registration, the person involved shall bF application and proof disclose
to the satisfaction of the board that the disqualification or fault for which
such certificate of registration shall have been revoked has been removed,
board shall be authorized to renew such certificate of registration, with or
without examination, as it shall deem proper, but subject to the payment of
fees as herein provided.
the
Sec. 10. Journeyman barber qualifications.
Any person is qualified to receive a certificate of registration to
practice barbering;
(a) Who has graduated from a school of barbering approved by the
board; or if the applicant is from another state, in lieu of being such graduate
who can prove by sworn affidavit that he has practiced as a barber in another
state than Florida for at least five years immediately prior to making
in this state.
(b) Who has served at least two years as an apprentice, and
(c) Who is at least eighteen years of age, of good moral character and
temperate habits, and
(d) Who has passed a satisfactory examination conducted by the board
to determine his fitness to practice barbering, and
(e) Who can furnish to the board a certificate from a practicing
medical doctor of this city dated not more than ten days prior to the date of
the application attesting thai he is free from any contagious or infectious
disease.
Sec. 11. l~Iaster barber qualifications.
Any person is qualififed to receive a certificate as master barber for
the operation and management of a barber shop,
(a)
(b)
ducted by the board to determine his fitness to manage,
prie~or d£~_ a barber shop~ and
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Who has practiced at least three years as a registered barber, and
Who has passed a satisfactory examination as master barber con-
operate or act as pro-
24.
(c) Who has complied with the other requirements of section 10, and
(d) Who has paid the required fee to the board as provided in section
Sec. 12. Apprentice qualifications.
Any person is qualified to receive a certificate of apprenticeship for
barbering,
(a) Who has complied with all the requirements of Section 10, except
paragraph (b).
(b) No registered apprentice may practice barbering except under the
direction of a registered master barber.
(c) Pay required fee as provided in Section 24.
Sec. 13. Examinations - Applications.
Each applicant for examination shall;
(a) Make application to the board at least thirty days before examina-
date, on tiank forms prepared and furnished by the board, such applications
to contain proof under the applicant's oath of the particular qualifications of
the applicant.
(b) Furnish the board a certificate from.:a-practicing medical doctor
of this city dated not more than ten days prior to the date of the examination
attesting that he is free from any contagious or infectious disease.
(c) Pay the required fee to the board as provided in section 24.
Sec. 14. Same - Board To conduct oral, written and practical examina
itoh. The board shall conduct examinations of applicants for certificate :S of
registration to practice as journeyman barber, master barber or apprentice,
to determine educational and practical fitness of applicants. The examina-
tions shall include practical demonstrations, written and oral tests .
Sec. 15. Same - Failure to pass; waiting period for re-examination.
An applicant for a certificate of registration to practice barbering
in this city who fails to pass a satisfactory examination conducted by the board
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mu~t wait six months before he is again entitled to take the examination for
a registered barber.
Sec. 16. Certificates of registration - Required of al/ practicing
barbers.
It shall be unlawful for any person to engage in the practice or atte
to practice barbering without a certificate of registration as a registered
journeyman barber or a registered master barber issued pursuant' to the
visions of this chapter by the board of barber examiners hereinafter
established.
It shall be unlawful for any person, to hire or employ any person to
engage in the practice of barbering or to manage or operate a barber shop
as hereinafter defined, unless such person then holds a valid, unexpired and
unrevoked certificate of registration to practice barbering as a journeyman
bet or as a master barber issued under the provisions of this chapter.
Sec. 17. Same - Required for engaging in business of barbering.
Except as provided in section 12, no person shall engage in, carry
on or practice the business of barbering in the city unless and until such
person shall have obtained a certificate of registration to be issued by the
board of barber examiners as provided in section 18.
Except as provided in section 12, no owner or operator of a barber-
shop within the corporate limits of the city shall employ any person, or
any person to work or practice the business of barbering within any shop
conducted by such owner or operator, unless and until such person shall have
obtained a certificate of registration to be issued by the board of barber
examiners as provi~led in section 11.
Sec. 18. Same.- Issuance predicated on examination and other
qualifications.
Certificates of registered journeyman barbers, master barbers or
apprentices shall be issued by the board to any applicant who shall pass a
satisfactory examination making a grade of not less than seventy-five per
cent and who s hall possess the other qualifications required by this chapter.
Sec. 19. Same - Resident practicing barbers prior to effective
date of this Ordinance.
Any person who, on the effective date of this ordinance, is actually
engaged in the practice of barbering in the city as a journeyman barber,
master barber or apprentice shall be granted a certificate of registration
as a registered journeyman barbe r, registered master barber or regis-
tered apprentice without examination by making application to the board,
paying the required fee and furnishing 2he board with a certificate issued
by a practicing medical doctor of this city or the Palm Beach County
Health Department attesting that they are free from any contagious or
infectious diseases.
Sec. 20. Same - Display near workchair. /~
Every holder of a certificate of registration shall display it in a
conspicuous place adjacent to or near his workchair.
Sec. 21. Same - Annual renewals.
Every registered journeyman barber, registered master barber or
apprentice, shall annually on or before the first day of October re~me~w~~ his
certificate of registration and pay the required fee, and furnish to the
board a certificate ~ rom a practicing medical doctor dated not more than
ten days prior to the application, stating that he is free from any conta-
gious or infectious disease.
Every certificate of registration which has not been renewed during
the month of September in any one year shall expire on the first day of
October in that year. A registered journeyman barber , master barber
or apprentice whose certificate of registration has expired, may have
his certificate restored upon payment of the restoration fee. Any regis-
tered practitioner under this chapter who retire~from the practice of
barbering may renew his certificate of registration upon payment of the
required restoration fee.
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Sec. 22. Same - Refusal to issue or renew, suspension and
re~o~6ation - Grounds established for.
The board may either refuse to issue, or renew, or may suspend
or revoke any certificate of registration for any of the following causes:
(a) Conviction of a felony shown by a certified copy of the record
of the court of conviction;
(b) Gross malpractice or gross incompetency;
(c) Continued practice of a person knoi~ly having an infectious
or contagious disease.
(.d) Habitual drunkenness or habitual a~c~di~ii~ato the use of morphine,
cocain or other habit forming drugs.
(e) Immoral or unprofessional conduct.
(f) Commission of any of the offenses described in section 28,
subdivision (c) (d) (f) and (g).
Sec. 23. Same - Notice and hearing; appeal to city council,
The board may neither refuse to issue or refuse to renew, nor suspen
nor revoke any certificate of registration, however for any of these causes
unless the person accused has been given at least ten days notice in writing
of the charge against him and a public hearing of the board, except under
subdivisions (b) and (c) of section 22, when immediate suspension must be
made and continued until a satisfactory showing can be made that the dis-
qualification has ceased to exist.
The refusal by the board either to issue or renew or suspend or
revoke any certificate of registration for any cause may be appealed to the
city council by the accused; the board may be called upon by the city council
to show just cause why such refusal to issue or renew or such suspension or
revocation has been made.
Sec. 24. Same - Types; renewals; fees.
The board shall be authorized to issue three types of certificates of
registration for barbers, as follows:
1. Master barber, as defined in section !.
2. Journeyman barber, as defined in section 1.
3. Barber apprentice, as defined in section 12.
Such certificates shall be issued for the fiscal year for which issued
unless renewed. Any certificate which is not renewed for two successive
years shall become void, and can only be re-issued after re-application and
su cce s sful re - examination.
No certificate of registratiqn shall be issued by the board unless the
applicant holds a certificate of registration from the State of Florida Barbers
Sanitary Commission, and unless such applicant shall have successfully
passed a reasonable written examination prescribed by the board as to his
fitness and qualifications to practice the occupation of barbering within the
city. In the case of an applicat~i~n for a master barber certificate, the
applicant must have, prior to the date of such application, worked two years
continuous as a journeyman barber in an area or community having require-
ments similar to the provisions of this chapter. Ail applications shall be
accompanied by an examination fee of fifteen dollars.
The board shall be entitled to charge a fee of four dollars for the
first certificate of.registration issued as a result of-any application and
examination hereunder, and a yearly renewal fee of three dollars.
Sec. 25. Occupational licenses, prerequisites to issuance of;
sanitary permits and regulations.
(a) No occupational license shall be issued to any barber shop~ nor
to the ma~aager or owner of any barber shop within the city where barbering
as defined herein is practiced or carried on, unless such shop has complied
with and meets the requirements of the regulations of this chapter and of the
laws of the State of Florida regulating ventilation, sanitation and surrounding~
nor until such barber shop shall have been approved by the city health officer
and the board as to compliance with health and sanitary regulations of this
chapter including the following:
(1) Such shop shall be provided with continuous hot and cold water.
(2) All shops shall have a direct outside entrance, either on the street
on a hotel lobby, or public hallway, or arcade.
(.3) All shops shall he not less than twelve feet wide, and with ceilings
of not less than eight feet, and shall have nonporous floors.
(4)
All shops must be equipped with at least one toilet for the use
of customers, and such toilet must be maintained in sanitary
condition, and directly connected or readily accessible to the
exclusive use of the customers of such shop.
(5)
Mobile or portable barber shops, or barber shops located in
trailers are prohibited~ ~a~j~' ~-:~ ~ - ' --'~- ~ j-': -
at-~a~. : ~- _- ~ i~ ..- ~ .. -~
(b) Compliance with the provisions of this section shall be evidenced
by a sanitary permit to be issued by the board~ and before an occupational
license shall be issued to any barber shop in any year, there must be in
existence and exhibited to the tax collector a current sanitary permit as to
such shop issued by the board showing that such shop complies with the pro-
visions of this chapter, and of subsections (a) (1) through (5) above. Such
be
permit shalt~/~ssu~d~a~without charge, and shall be displayed in a promine~
place in such shop. Noncompliance with any of the provisions of this chapter
shall be grounds for canceling such permit. It shall be unlawful for any
person to operate a barber shop unless there shall be in existence a currently
effective sanitary permit therefor .
(c) Ail master barbers owning or operating shops in the city shall
comply with the following sanitary regulations:
(i)
No shop shall permit a towel that has beenused upon one
customer to be used upon another customer prior to such
towel being re-laundered. Disposable paper towels may
be used.
(2)
No hair cloth shall be used upon any patron having a haircut
unless there has been placed about the neck of the patron a
strip of cotton, towel or neckband preventing such hair cloth
from coming into direct contact with the skin of the patron.
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(3) No shop shall use any finger bowls, sp~ages,lump alum or
powder puff upon any patron.
(4) No shop shall use on any patron any razors, scissors,
tweezers~ combs, rubber discs or parts of vibrators, or
any other equipment after the same shall have been used,
or may have come in contact with another;patron, unless the
same shall have first been kepi in a closed compartment
and immersed in boiling water or a solution of carbolic acid,
or its equivalent.
(5) No person shall be employed in any barber shop in any
capacity who has any contagious, infectious, or communicable
disease, nor unless such~ person has in his possession a
certificale from some physician that, as of a date not less
recent than ninety days, he is free of all such diseases.
(6) No person engaged in carrying on or practicing barbering
shall shave any person, or do any barber work of any kind
upon any person unless he shall have immediately prior thereto
thoroughly cleansed his hands with soap and water.
Sec. 26. Temporary working permits, one only per shop; fees.
(a) Where any journeyman barber or apprentice who holds a currently
effective certificate of registration from the barbers sanitary commission un
the laws of the State of Florida, and who has made wi~tten application lo the
board for a certificate of registration under this chapter, the board shall be
authorized to issue a termporary working permit lo such person good for
thirty calendar days or until the results of the examination to be takenby the
applicant are available, whichever period be shorter. Such temporary
working permit shall be denominated either a journeyman or apprentice
permit~ as the case may be, and the fee to be paid the board therefor shall
be fifteen dollars for a journeyman, and ten dollars for an apprentice. Each
such permit shall describe the shop in the city where the person named there,
is to be employed, and its use at any other shop shall be void, unless such
change is approved in writing by the board.
(b) No shop in the city shall at any time have in its emplpy more
than one person with a temporary working permit.
Sec. 27. Sanitary regulations; inspection of premises by members
of board.
It shall be unlawful:
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(a) For any barber or apprentice to knowingly continue the
practice of barbering while such person has an infectious,
contagious or communicable disease.
(b) To own, operate or control any barber shop unless continuously
hot and cold running water be provided therein.
(c) To use upon one patron a towel that has been used upon
another unless and until the towel that has been re-laundered.
(d) Not to proVide each chair with a fresh and clear paper on each head-rest for each person.
(e) To use in the practice of barbering as hereinafter defined, any
steptic pencil, finger bowl, sponge, lump alum or powder puffs.
(f) Possession of a steptic pencil, finger bowl, sponge, lump
alum or powder puff in a barber shop is prima facie evidence
that the same is being used therein the practice of barbering.
(g) Not to place around the patrons neck a clean and sanitary
neck band so that the hair clothdoes not come in contact
with the neck or skin of the patrons' body.
(h) To use on any patron any tool or instrument that has not been properly sterilized before each such use.
(i) All sterilizing solutions shall be two per cent carbolic acid
or its equivalent.
(j) The lack of proper sterilizing equipment in any barber shop
shall be prima facie evidence that sterilization is not being
practice d therein.
(k) For any person to operate or attempt to operate any barber
shop in any room that does not contain at least thirty-five
hundred cubic feet air space for one chair and eight hundred
cubic feet for each additional chair.
The board shall have power to make other rules and regulations and
prescribe othersaniia~yrequirements in addition to the foregoing in aid to
furtherance of the provisions of this chapter, subject to the approval of the
city council.
Any member of the board shall have authority to enter into and to
inspect any barber shop at any time during business days and hours.
Sec. 28. Act constituting misdemeanors; penalty.
Each of the following shall constitute a misdemeanor and be punish-
able upon conviction by imprisonment in the city jail, for not more than two
months or by fine not exceeding fifty dollars or by both such fine and impriso~
merit in the discretion of the City Court.
(a) The violation of any of the provisions of section 16.
(b) Permitting any person in one's employ, supervision or
control to practice as an apprentice unless that person has a
certificate of registration as a registered apprentice.
(c) Obtaining or attempting to obtain a certificate of regis-
tration for money other than the required fee, or any other
thing of value or by fraudulent misrepresentation.
(d) The willful failure to display a certificate as required
by section 20.
(e) The use of any room or place of barbering which is also
used for residential or business purposes (except the sale of
hair tonics, lotions, cream~, cutlery, toilet articles, cigars,
tobacco and such commodities as are used and sold in barber
shops), unless a substantial partition of ceiling heigh! separates
the portion used for residential or business purposes.
(f) A violation of any of the provisions or subdivisions of
section 27.
(g) The willful failure of any owner or manager of a barber shop
to display a copy of section 27 with rules and regulations as
provided in section 20.
(h) Any other violations of this chapter not hereinabove specifically
cove re d.
Section 29. Perjur, y; .pena!t~y.
The willful making of any false statement as to material matter
in any oath or affidavit which is required by the provisions of this chapter is
perjury and punishable as a misdemeanor under the general city law govern-
lng punishment and misdemeanor.
Sec. 30. SeParability.. Each of the provisions of this ordinanc
are separable including word, clause, phrase or sentence, and if any pro-
vision hereof shall be declared invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected but shall remain in full force
and effect.
Sec. 31 - Repealing Provisions. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
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First reading this 17th day of July, A. D. 1961.
Second, Final reading and passage this ~ day of
~, A.-D. 1961.
(CORPORATE SEAL)
~ity Cl'erk ~
CITY OF ~OYN~N ~BEAC~I~.~L~r/RIDA
Vice Mayor
Council~ an
~Councilman
// Councilman
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