Ordinance 455 - Cosmetology and Beauty ShopsORDINANCE
AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 5224-REVISED
CODES OF MONTANA OF,19.35 AND T)EFINING AND REGULATING THE PRACTICING AND
TEACHING OF COSIMETOLOGY A ,
'Y� DEFINING AND REGULATING BEAUTY SHOPS BEAUTY
SCHOOLS AND BEAUTY OPERATORS ,,;,-IPR
ING RULES AND REGULATIONS,, , WITH`
PROVISIONS FOR PROPER INSPECTION
VIOLATION THEREOF. I
BE IT ENACTED BY THE COTINCIL OF I THE CITY OF KALISPELL, MONTANAi
See. 1. No person, firm, partnership, association, or corporation
shall practice or teach cosmetology in the City of Kalispell, Montsna, and
no place shall be used or maintained in the City of Kalispell for the
practicing or teaching.of cosmetology for compensation, except under license
issued in complinace with the laws of the State of Montane and the.pro-
visions of this Ordinance.
See. 2. The practice and teaching of cosmetology is defined to be
and includes any and all work generally and usually included in the terms
.See. 3. As used in this Ordinancel the words "Beauty Sfib_p'*shall,
include every room, or shop, or both, used as a place where work is done,
or treatments are administered, for compensation, for the embellishment,
cleanliness, and beautification of hair, scalp, face, arms, or hands.
Sec. 4. As used in this Ordinance, the words "Beauty School" shall
include any place, institution, or establishment used for the instruction;,
trainithR and education of two or more studdnt operators in the art of ad-
ministering treatments for the embellishment, cleanliness, and beautificstion
of hair, scalp, face, arms, or hands, also known as "Gowileto.logy":4,
Sec. 5. As used in this Ordinance, the terms "operator", "res-
Rnl.
nt operator" aj� _7
id6nt operat6rand "Trensie fe
(a) The word "Operator" shell include every person whb..,,
shampoos, waves, curls, dyes, or dresses hair or manicures the.
hands of massages the face or scalp of any person in a bePuty-,�_:_*,--,-7.-_
(b) The words "resident operator" shall be construed to
mean a per -son residing in the City of Kalispell, Montana-, as his
0 r her permanent place of abode, to the exclusion of all other
places of residence.
(c) The words "transient operator" shall include all operators
and demonstratorsofbeauty preparations and supplies who give any
treatment hereinabovedefined or referred to, but who have no es-
tablished place of business and no permanent place of abode in the
City of Kalispell, Mfttena.
See* 65# No.person, firm, co -partnership, association, or corporation
shallcperate any beauty shop or beauty school, as herein defined, within the
City of Kalispell, Montana, until he, she, or it.shall have-securdd n, city
license thereforY as herein provided. Each beauty shop shall pay an annual
license fee of $5.00 per calendar year, payable at the time of securing the
license. Such license issued by the City to RIbut�T'sh*-19 11 includel"ON
cover one resident operator for,:the period of such license. Each additional
operator in e--ch beauty shop -is hereby required to secure a city license, the
license fee for which shall be $5*00 per .yea r, or any fraction thereof. The
license fee for each and every beauty school shell be $25.00,per year, or
any fraction thereof. Each and every instructbr,., in any such beauty school
shall pay a license fee of $5.00 per year, or any part thereof. All such
license fees shall be payable in advance at the time of securing the licence,
and the license shall be issed by the City Clerk of the City of Kalispell.
Each and every license shall expire on the 31st day of December next suc-
-deeding the issuance thereof, unless renewed for the folloftg No
_.gyear.
,
r license shall be issued for a period of more 0
Sec.7. At the time of applying for any city license hereunder and
before any city license is issued, each applbmtl must exhibit to the City
Clerk his, her,or its ourrent State license issued. by the Montana State
Examining Board of B&auty Culturists.
See, 8 #*
Each transient operator, as herein defined, operating within
the City of Kalispell I -Must apply for and obtain a city license from the
City Clerk, and shall be required to pay a license fee of $10,00 per dey
for each day he. or she demonstrates or operates in the City of Kalispell.
See. 9. In additioil to complying with the -_
rq!-Pg.,,.)a.nd regul.ations for,
sanitation promulgated by the Montana. State Examining Board of Beauty Cul-
turists, governing the.plect,,,equipment, personnel, conduct and operation,of
any beauty shop or beauty school, every person, firm, co-partnetshi
P0 assoc-
iation, or corporation operating or conducting any beauty shop or beauty
school shall comply with such additional rules, regulations, and requirements
as the Health Officer of the City of Kalispell shell from time to time deem
it necessary to prescribe in the 'interests .of public health, public welfare
and safety.
See. 10. Each beauty school shall be allowed ten students to each:
licensed teacher or instructor employed therein.
Each school shall ha'77e
at least one licensed teacher in charge during 911 school hours.
teacher or instructor in any such school must have a valid teacher's license
or certificate issued by the Montane State Examining Board of Beauty Cul-
turists and must, in addition, have a license issued by the City Clerk, as
herein provided. Each beauty school shall maintain on each window facing,
upon,any street a sign in plain letters,
at least six inches high, bearing
the words "Beauty School" or "Beauty College" or "School of Beauty Culture"
orTair Dressing School" or "School of Cosmetology"; and no person, firm,
co -partnership, association, or corporation shall conduct any beauty shop
in the same room, place or establishment in which any such school is located
or conducted. No person, firm, co -partnership, association, or corporation
operatingorconducting any beauty school as herein defined, shall charge-
I
ployed in any such shop or school; nor shall any person with any commun-
icable disease be served therein. The Health Officer of the City of
Kalispell shall have the power to require a beauty shop operator, or
employee. or beauty school operator, instructor, or -student to submit
himself or herself to a practicing physician of the City of Kalispell
for a physical examination whenever any such operator, employee, instruct-
or, or student is suspected by such City Health Officer of having any
communicable disease.
See. 12. The Health Officer .of the City of Kalispell shall, at
Least once every month, have an inspection made of all beauty shops and
beauty schools within the City of Kalispell for the purpose of deter-
mining Wh6ther or not any of the provisions of this Ordinance have been
I - je,
or are being violated. Such Health Officer shall each month appoint a
licensed resident operator to assist him in making such inspections A
licensed resident operator sh:aU,b d�
Ale.City Health Officer and such appointed license d operator may enter any
such beauty shop or beauty school during business hours for purposes of
inspedtion. Each such operator so appointed shall be paid as compensation
7
for services rendered the sum of.,.$5.00 per month, which amount shall be
paid by the City Treasurer of the City of Kalispell to such inspector out
of the license fees collected hereunder.
Sec* 13. Any person, firm, co -partnership, association, or corpor-
ation violating any of the provisions of this Ordinance shall, upon con-
viction thereof be fined in any sum :not less than $6.00 por more than,
$100600 for each such offense. The City Council of the City of
Kalispell shall have the power to revoke the license :of any per- son
co -partnership, association, or corporation, who is convicted a second
time of the violation of any of the provisions of this Ordinhnee, and in
the event of any such revocation of any such license, no new or other
license shall be issued by the City Clerk or by any action of the City
Council for a period of one year from and after the date of any such
revocation.
Sec. 14. -No beauty shop or beauty 'school license issued hereunder
shall be transferrable.
Sec. 15. Nothing in this Act shall prohibit service in case of
emergency or domestic administration without compensation, nor services'
by persons authorized under the laws of this State to practice dentistry,
or to practice the healing art and licensed undertakers, nor services by
barbers lawfully engaged in the performance of the usual and ordinary
duties of their vocation, or in cutting woments hair by I barbers.
Sed 16. Each.Section of this Act and every part of each Section
is hereby declared to be independent of every other, and the holding of
any Section or part thereof to be void or inie@fective for eny cause
whatsoever, shall not be deemed to effect or invalidate any other Section
or part thereof,
:Sec. 17.. All ordinances and parts of ordinances in conflict
M
'WIM, M,
herewith Pre' hereby'repe8
Sec. IS. -This Ordinance shall take effect and be in full
force and effect thirty days after its passage and approval.
Passed by -the City Council this CS-6)"I day of August,, 1936.
Approved by the Mayor this day of August, 1936.
Attes
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