August 1, 1949 

Mrs. Ella Mae Murphy ODinion No, v-w9 

Vice-President - - 

State Board of Hairdressers Re: 

and Cosmetologists 

Austin, Texas 

Dear Mrb e Murphy: 

The legality of licensing a portable barber 

and beauty service 

which does not have a 

permanent buslness location. 

Reference is made to your recent request which 

reads in part as follows: 

RPlease advise this department as soon 

as possible if we would be within the law ln 

licensing the Southwest Portable Barber and 

Beauty Service Company to operate a unit such 

as desaribed fn the attached aircular. 

“The address given on the application 

reads ‘Dellas hospitals and hotels’ and the 

question on the application blank as to approximate floor space of the shop was answered ‘portable, on wheels O1w 

Sections 10 (a) and 14 (c) of Article 734b, 

V.P.C0, provide in part as follows: 

“Sec. 10. (a) 0 a . It shall be nnlawstul 

ror a person, firm or corporation to operate a 

beauty shop or a beauty school as derined in 

this Act unless the same is a bona fide establishment with a permanent and definite location -completely and permanentlv separated by 

md walls with no openings from rooms used 

wholly or in part for residential or sleeping 

purposes. . . 0n 

“Sea. 14, (0) The establishment of’ ltinerant shops is hereby expressly prohibited, 

and it shall be unlawful for any person, flnn 

or corporation to operate a beauty shop as defined in this Act, unless the same is a bona 
Yra o Ella liae Murphy, page 2 (V-869) 

lksbent .wlith+.a. permanent and aerAny +teusc graqtfid onde~. 1 

tew of tfiis’ht ‘&hall pemft the licen- .’ 

see to practice in only such-bona tide established bearty shop; O . em (Emphasfs added.1 

Is believe under the plain provlslons of the 

above quoted aeations, that bsrore an applicant oan be 

granted a l’ioense to operate a beauty shop, he rust show 

she Board that he has i p’erranent anh defiiita loeatLon--,,, 

for suoh shop. This provlaion has remained Pn the St+t~- 

utas unchanged since 1933. There are several ra@sons 

why suoh a requirement is made, one of which Pa in order 

that the state Board of Cosmetologists may fnspeot saPd 

looation to see it it conforms to-the sanitary- rules ~ti 

regulations saoh as proper rentilation,lPshtPng and ~Eain8 

ph; ;;$ cold water, as well as the other provfsfons OF 

0 Also, if there were no definite and permaneht 

location for beauty shops, the State Pnspeotors aould 

never make proper inspections as required by law. lforaover, to permit such a practice would amoant to nothPly 

more than the licensing or an itinerant shop, whioh i~i 

expressly prohibited under the plain provisions of th* 

Aot. It is apparent fram the applicant’s applioatloa 

that he does not have a permanent and definite looatlbn. 

In view of the foregoing, we agree with roar 

oonolusions that the State Board or Cosmetologists Ps not 

authorized to fssae a license to operate a beauty shop 

where the applPcant has no penuanent and defPnite loohtion. 

Section 18 of Art. 734b, V.P.C. e prorfdes fh 

part that: 

“Provided, further, that nothing in this 

Act shall prohibit a person lioensed under 

this ,Aot from perform$ng duties aa prsscribed 

by this Act In the honie of a castomer in cams 

of emergency when sent by a shop owner. o .,a 

We believe that the above provision tends to 

strengthen as in our conclusion since the Legislataro 

provided that in cases ot.mergencies a ~person who 9s a 

licensed beauty operator uy’$ertonn all the duties 

prescribed by this &O% in the home of any oustomer when 

sent by a sho 

However, the person pertormbg such serdoes must be a 

duly lfoensea opsrator and sent by a shop owner0 
. 

Mrs a Ella Mae Murphy, page 3 (V-669) 

The State Boar6 ot~cosmetology is net 

authorized to issud’~~~licen&e to. operate a 

beauty shop where such shop does not have 

8 permanent and definite location. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

By &n& 

Assistant . 

FIRST ASSISTANT 

ATTOFtNEY GENERAL 

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