CHAPTER 152

AN ACT TO CREATE A STATE BOARD OF EXAMINERS OF BARBERS; REGULATE BARBERING AND APPROPRIATE FUNDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 24, Delaware Code, is amended by adding thereto the following new chapter:

CHAPTER 4. BARBERS

§ 401. Definitions

As used in this chapter—

"Apprentice" means anyone who has entered into the employment of a qualified barber for a fixed term in order to learn the trade.

"Board" means the State Board of Examiners of Barbers.

"Practicing the occupation of barber" includes the shaving or trimming of the beard and the cutting of the hair of any person for hire or reward, provided that this chapter shall not apply to beauticians cutting or trimming the hair of females.

§ 402. State Board of Examiners of Barbers; appointment; qualifications; terms of office; vacancies; bond; oaths

(a) The Board of Examiners of Barbers is continued as the State Board of Examiners of Barbers to consist of 7 reputable barbers whose duty it shall be to carry out the purposes and enforce the provisions of this chapter. The members of the Board shall be appointed by the Governor, who shall select them from 3 barbers residing in New Castle County, 1 of whom shall be selected from the barbers residing in the City of Wilmington, and 2 from the barbers residing in New Castle County outside of the City of Wilmington; 2 in Kent County and 2 in Sussex County. The term for which the members shall hold their office shall be for three years, unless sooner removed by the Governor.

(b) In case of vacancy occurring in the Board, such vacancy shall be filled in like manner by the Governor.

(c) Each member of the Board shall enter into a bond to the State with one or more sureties to be approved by any Judge of any Court of this State, in the penal sum of $5,000.00 conditioned for the faithful performance of his official duties. The bond shall be filed in the office of the Secretary of State.

(d) Before entering upon his duties each member shall be duly sworn or affirmed to faithfully and impartially perform the duties of his office.

§ 403. Organization; meetings; quorum; annual report

The Board shall choose one of its members President, one Secretary and one Treasurer thereof. It shall fix the time and place of meeting or meetings. A majority of the Board shall at all times constitute a quorum and the proceedings thereof shall at all reasonable times be open to a reasonable inspection. The Board shall also make an annual report of its proceedings to the Governor.

§ 404. Receipts; disbursements

All money or income received by the Board from taxes, fees and/or operations, and all other sources whatsoever, directly shall be paid to the State Treasurer monthly and shall be credited to the General Fund. All disbursements made by the Board for salaries, expenses or other authorized expenditures, shall be paid by the State Treasurer, out of funds appropriated by the General Assembly for such purpose, on vouchers issued by the proper officer or officers of the Board.

§ 405. Rules and regulations; posting; revocation of license; hearing

The Board may adopt reasonable rules and regulations, prescribing the sanitary requirements of a barber shop, subject to the approval of the State Board of Health and cause the rules and regulations so approved to be printed in suitable form, and transmit a copy thereof to the proprietor of each barber shop in the State. It shall be the duty of every proprietor or person operating a barber shop in the State to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense.

§ 406. Examination of shops; failure to keep sanitary

The State Board of Health may enter and make any reasonable examination of any barber shop in the State during business hours, for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor. One half of all monies collected by the Board shall be paid over to the State Board of Health to defray costs of inspection.

§ 407. Examination of applicants; notice

The Board shall meet at least three times in each year to conduct an examination of persons desiring to follow the business or occupation of barbers, and shall give at least ten days' previous notice of the time and place of such meeting in a daily newspaper in Wilmington and in at least one other newspaper in each county.

§ 408. Registration in lieu of examination; certificates; renewals; fees

(a) Any person who was engaged as a journeyman or proprietor, in the business or occupation of a barber in the State at the time this chapter became law, may within sixty days after the chapter becomes law cause his name and residence or place of business to be registered with the Board of Examiners. The statement of every such person shall be required to be under oath before a notary public of this State, and set forth his name and residence or place of business and the length of time he has served as barber. Every person so registered with the Board shall pay to the Board $10.00 and is entitled to receive a certificate as a barber.

(b) All certificates must be renewed annually upon an annual payment of $5.00.

§ 409. Examination; fee; qualification; certificate; renewals; fee

(a) Any person not within the provisions of Section 408, or not registering thereunder, desiring to obtain a certificate of registration under this chapter, shall have at least an eighth grade grammar school education, and shall make application to the Board, and shall pay an examination fee of $50.00, and shall present himself at a regular meeting of the Board for the examination of applicants. The Board shall proceed to examine each applicant both by written and oral examination, in the scientific fundamentals of barbering and barber science, histology of the hair, skin, structure of the head, face and neck, elementary chemistry, relating to sterilization and antiseptics, hygienic sanitation and bacteriology, massaging and manipulating the muscles of the scalp, face or neck. Each applicant must be above the age of nineteen years, of good moral character, free from contagious diseases. Each applicant must have studied the trade for at least three years as an apprentice under a qualified and practicing barber, or practiced the trade in another state for at least two years. Each applicant must have the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting and all the duties and services incident thereto.

(b) After an applicant has passed the examinations and presented satisfactory proof as to his other qualifications the Board shall enter his name in the register and issue to him a Certificate of registration, authorizing him to practice said trade in the State, which certificate shall be good for one year.

(c) All persons who have passed the examination shall be entitled to receive a certificate thereafter annually upon the payment of a fee of $5.00.

§ 410. Apprentices; limitation of number; qualifications

Nothing in this chapter shall prohibit any person serving as an apprentice under a barber authorized to practice under this chapter; but in no barber shop shall there be more than one apprentice to one barber.

Every apprentice, in order to avail himself of the provisions of this chapter, must file with the Secretary of the Board a statement in writing showing the name and place of business of his employer, the date of the commencement of employment with him, and his full name and age, and must be at least sixteen years of age. Each apprentice shall pay a fee of $5.00 annually.

§ 411. Card

(a) The Board shall furnish to each person to whom a certificate of registration is issued a card or insignia, good for the year for which the same is issued, bearing the signatures of its President and Secretary certifying that the holder thereof is entitled to practice the occupation of barber in the State and the year for which it is issued printed in large figures.

(b) The holder of such card or insignia shall post the same and any renewal thereof in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve.

§ 412. Register; open to public

The Board shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this chapter, and the register shall be at all times open to public inspection.

§ 413. Following occupation of barber without certificate, unlawful; saving

It shall be unlawful for any person to follow the occupation of a barber without the certificate of said Board of Examiners. All persons making application for examination under the provisions of this Chapter shall be allowed to practice the occupation of barbering until the next regular meeting of said Board.

§ 414. Establishing new barbershop; fee

In order to establish a new barber shop the applicant must submit to the Board suitable plans and specifications describing in detail all equipment and indicating floor area, floor covering, wall finish, and any other necessary information. If these plans and specifications are approved by the Board, then the applicant must pay a fee of $100.00 to cover expenses of inspection.

§ 415. Sunday closing; penalty; jurisdiction and cognizance of offenses

Whoever carries on or engages in the business of shaving, haircutting or other work of a barber, or whoever opens or allows to be open his barber shop or place where such business is done, for the purpose of carrying on his said business on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $20.00 nor more than $75.00 and on failure to pay such fine and costs shall be imprisoned not exceeding ten days.

§ 416. Violations; penalties; jurisdiction

(a) Whoever violates any of the provisions of this chapter shall be fined not less than $20.00 nor more than $75.00 and upon default of payment may be imprisoned not more than 20 days.

(b) The Superior Court of the State of Delaware within the County in which the offense took place may try any offense under this Chapter.

Section 2. The members of the Board of Examiners of Barbers as such Board existed immediately prior to the approval of this Act shall constitute the New Castle County members of the reorganized Board until the term of each expires.

Section 3. This Act shall become effective 30 days after approval by the Governor.

Approved July 26, 1961.