October 18, 1965 

Honorable Bess Blackwell 

Executive Secretary 

Opinion No. C-529 

State Board of Cosmetology Re: Whether a license is reSam Houston State Office Bldg. qulred for a fully equipped 

Austin, Texas beauty shop located In a 

rest home owned and operated by The Order of the 

Eastern Star for its retired members, If the work 

is performed by licensed 

operators only, and related 

Dear Mrs. Blackwell: questions. 

In your opinion request to this office, you state the 

following facts: 

"A non-profit Texas Corporation, The horder 

of the Eastern Star, hereinafter referred to 

as 'The Order,' owns and operates a rest home 

for retired members. The home is located in 

Arlington, Tarrant County, Texas. Within the 

home, a beauty ,shop which has been furnished 

with donated equipment is provided for the 

residents. A group of volunteers from The 

Order, known as 'Pink Ladles,' were using the 

beauty shop to shampoo and set hair for the 

retired ladies resident in the hom~e. Many of 

these residents are without funds to pay for 

such services. However, since there are now 

more than one hundred (100) members resident 

in the home, the need for an operator other 

than the volunteers arose. A working agreement was made with a licensed beauty operator 

to work In the shop on two days each week and 

to charge a small fee for their services, furnishing at her own expense the supplies used 

by her. Although the volunteers do not work 

in the shop at times ,when the licensed operator is working, they do, at other times, offer their services free of charge. 

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Honorable Bees Blackwell, page 2 (C-529) 

"In order to comply with the regulations 

governing a licensed operator, The Order obtained a permit from the State Board of Cosmetolo y, 

6 and % 

pursuant to Article 73&b, Sections 

Vernon's Penal Code, and registered 

its nami and location with the State Board of 

Hairdressers and Cosmetologists, as required 

by Article 729, Vernon's Penal Code." 

your request presents six (6) questions. All of these 

questions deal with regulation of licensed hairdressing and 

cosmetology operators and/or licensed beauty shops, both of 

which are covered by Article 734b, Vernon's Penal Code. The 

sections of this Article dealing with licensed hairdressing 

and cosmetology operators, in connection with your questions, 

are Sections 2(b), 2(c) and 12. Section 2(b), V.P.C., provides: 

"(b) The practice of hairdressing and 

cosmetology, as used herein, shall mean the 

use, by any person for a fee or other pecuniary compensation, of cosmetologlcal preparations, antiseptics, tonics, lotions or 

creams, engaging In or performing any one 

(1) or a combination of the following matters, 

either with the hands or with mechanical or 

electrical apparati or appliances, to wit: 

cleansing, beautifying or performing any work 

on the scalp, face, neck, arms, bust or upper 

part of the body or manicuring the nails of 

any person, or In arranging, dressing, curling, waving, cleansing, cutting, singeing, 

bleaching, coloring or similar work upon the 

hair of any person by any means." (Emphasis added.) 

Section 2(c), V.P.C., provides: 

"(c) Any person using coemetologlcal 

preparations, antiseptics, tonics, lotions 

or creams engaging in or performing any one 

(1) or a combination of the following practices, either with the hands'or with mechanical or electrical apparati or appliance& for 

a fee or other pecuniary compensation, nam-, 

cleansing, beautifying, or performing any work 

on the scalp, face, neck, arms, bust or upper 

part of the body or manicuring the nails of 

any person or in arranging, dressing, curling, 

waving, cleansing, cutting, singeing, bleaching, coloring or similar work upon the hair 

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Honorable Be88 Blackwell, page 3 (C-529) 

of any person by any means shall be deemed 

to be practicing cosmetology and hairdressing." (Emphasis added.) 

Section 12, V.P.C., provides: 

.Provlded, further, that nothing 

in this-Act shall, in any manner apply to, 

limit or prohibit the arranging, dressing, 

curling, waving, cleansing, singeing, bleaching, coloring of, or any work upon the hair 

of a person when performed in a private home 

xficntie l%tn~ ti 5-m. . , J' 

Sections 2(b) and 2(c) provide that the practice of hairdressing and cosmetology shall be the performance of the acts 

therein named, and the use of preparations therein named, for a 

fee or pecuniary compensation. 

Section 12 provides that this act shall not apply to 

work upon the hair of a person when performed In a private home 

without charge of fee. 

Sections 2(h), 6, g(a) and 12, V.P.C., deal with licensed beauty shops. 

Section 2(h), V.P.C., provides: 

"(h) A hairdressing or cosmetological 

shop is that part of any building where or 

in which hairdressing or cosmetology, as defined I thi A t is performed or practiced. 

Poor thenpurp&ei Af this Act, a hairdressing 

or coametological shop shall be synonymous 

with beauty parlor, beauty shop, beauty salon 

or studio of beauty." (Emphasis added.) 

Section 6, V.P.C., provides: 

II . . .no person, firm, association or 

corporation holding a license to conduct a 

beauty parlor or beauty shop under this Act 

shall permit any of the operations of halrdressing and cosmetology or manicuring to be 

performed in such shop by any person or persons unless such person or persons is, or are, 

the holder, or holders, of a license from the 

Board authorizing him or her to perform such 

operation." 

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Honorable Bess Blackwell, page 4 (C-529) 

Section g(a), V.P.C., provides: 

.It shall be unlawful for a person, 

fim,‘aA3ociatlon or corporation to operate 

a beauty shop, or a beauty school, as defined 

in this Act, unless the same is a bona fide 

establishment with a permanent andTe= 

location completed 

by solid walls, with no openini from 

used wholly or in part for residential or 

!fTG+ing purposes. . . .I' 7. ) 

Section 12, V.P.C., provides: 

II 

. . .Provided, further, that nothing in 

this Act shall prohibit a person licensed 

under this Act from performing duties as prescribed by this Act in the home of a customer 

in cases of emergency, when sent by a shop 

owner. . . ." (!3nphasls added.) 

Section 2(b) provides that a beauty shop is that part 

of any building where hairdressing and cosmetology is practiced. 

Section 6 provides that none of the operations of hairdressing and cosmetology may be performed In a licensed beauty 

shop by persons who are not holders of a license from the Board 

of Hairdressers and Cosmetologists authorizing them to perform 

such operation. As previously noted, Sections 2(b) and 2(c) 

set forth the practices or acts which are the operations of 

hairdresslng and cosmetology. 

Section g(a) provides that a beauty shop must have a 

permanent and definite location completely and be permanently 

separated by solid walls and with no openings from rooms used 

wholly or In part for residential or sleeping purposes. 

Finally, Section 12 provides that a licensed operator 

can perform operations of hairdressing and cosmetology In the 

home of a customer in cases of emergency when sent by a shop 

owner. 

Your facts state that the rest home has obtained a license to operate a beauty shop in order to comply with certain 

sections of our Penal Code. Before answering your questions, 

we inform you that it is not necessary for a "beauty shop" in 

a private rest home which is not open to the public to be lltensed where work in the "shop" is performed only upon residents 

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Honorable Bees BlackWell, Page !$'(c-529) 

of the home by volunteers who do not charge a fee for their 

services and by licensed operators in case of an emergency. 

If a shop license is held,by the home, however, the shop would 

be authorized to serve the general public. If this is not the 

intent and purpose of the home, the shop license may be cancelled upon request of the home. 

QUESTION NO. 1 

Is a license required for a fully equipped shop located in the rest home 

if the work performed is by licensed 

operators only and the shop is operated only on a specified day or specified days of the week? 

The answer to this question Is no. Section 12 provides 

that licensed, operators may perform their services in the home 

of a customer in case of emergency when sent by a shop owner. 

The rest home, for this purpose, is a private home. There is 

no mention made in the Act of the equipment to be utilized and 

the operators would certainly be expected to utilize all facilities available to better perform their duties and to maintain 

highest sanitation conditions. Therefore, the licensed operator, when sent by a shop owner to the home of a customer in a 

case of emergency may utilize a fully equipped shop located in 

the home. Of course, if there is not an emergency, then the licensed operators cannot perform their hairdressing and cosmetologlcal services in the home , since no provision is found in the 

statute which allows this. Whether or not an emergency exists 

is a question of fact and a question upon which this office cannot pass. 

QUESTION NO. 2 

Must a partially equipped shop (a, 

modified bathroom) in the rest home 

be licensed where service is given 

by both licensed operators and by 

volunteers who do not charge fees? 

The answer to this question is no for the eame reasons 

as given in the answer to Question No. 1. In this question there 

is the additional problem that both licensed operators, who charge 

a fee, and volunteers, who do not charge a fee, use the same facilities. Section 12 provides that a person may perform duties 

named in Article 734b, V.P.C., in a private home without char e 

of fee. Since the volunteer workers do not charge fees a+ 

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Honorable Bees Blackwell, page 6 (C-529) 

perform their services In a private home, this is specifically 

permitted. by s'ald Section 12. This would also be true of the 

fully equipped shop in Question No. 1 if it is not a licensed 

shop. 

QUESTION NO. 3 

Is it permissible for the retirement 

home owner to make an appointment 

through a currently licensed beauty 

shop, for an operator to call at the 

home to give beauty servlces, taking 

with her the necessary Implements 

from the shop? 

The answer to this question Is yes. Section 12 is clear 

and unambiguous. A licensed operator may perform her duties in 

the home of a customer when sent by a shop owner in cases of 

emergency. 

QUESTION NO. 4 

Is it permissible for licensed operators to work in the licensed shop on 

certain days and on the other days for 

the shop to be used by the charity volunteers? 

The answer to this question is no. Section 6 strictly 

prohibits any one other than licensed operators from performing 

any of the operations of hairdressing and cosmetology in a licensed shop. The operations of hairdressing and cosmetology 

are set forth in Sections 2(b) and 2(c), and these operations 

are the ones which only licensed operators can perform in a 

licensed beauty shop. However, as previously pointed out, there 

is no necessity for a fully equipped shop in a private home to 

be licensed and 3.f~ the shop is not licensed, it may be used by 

both volunteers and by licensed operators in an emergency as 

previously noted in this opinion. 

QUESTION NO. 5 

Must the shop in the rest home be licensed if the shop 18 used by volunteers 

who do not charge a fee for their services and by licensed operators by 

appointment only? 

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. 

Honorable Bees Blackwell, page 7 (C-529) 

The 'answer ~to this question18 no. If the shop Is in 

a private home and Is not a licensed shop and no fee is being 

charged by the volunteers, then Article 734b, V.P.C., does not 

apply. When the appointment with the licensed operator is 

made, In cases of emergency, in accordance with Section 12 as 

hereinabove noted and the licensed operator is sent by a ahop 

owner, the licensed operator is free to use the facilltles 

available In the home in the performance of her duties. A 

licensed operator may not, however, perform her aervlcea outside a licensed shop except in accordance with Section 12. 

QUESTION NO. 6 

Is It legal for a non-licensed volunteer who does not charge a fee for 

her services to work in a licensed shop 

located in a retirement home? 

The answer to this question is no. Section 6 clearly 

and unequivocably states that no operations of hairdressing 

and cosmetology shall be performed in a licensed shop except 

by licensed operators. The fact that no fee la charged makes 

no difference, for the shop is licensed and the shop ia what 

is regulated in this case. The volunteers would be performing the operations of hairdressing and cosmetology as set 

forth In Sectlons 2(b) and 2(c) even though no fee~was being 

charged. Again, however, it is pointed out that no license 

is required for a shop, elther'fully or partially equipped, 

located in a private home such as this when the shop is used 

by volunteers and by licensed operators only in cases of 

emergency. 

SUMMARY 

A beauty shop in a rest home need not be 

licensed; however, If the beauty shop ie lltensed, then the shop may serve the general 

public and non-licensed volunteers cannot 

perform any of the operations of halrdressing and cosmetology In the beauty shop regardlesa of whether or not a fes is charged. 

If the shop is not licensed, the unlicensed 

volunteers may utilize the facllitles of the 

shop in the performance of the services of 

hairdressing and cosmetology upon residents 

of the home if no fee Is charged andi~licensed 

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Honorable Be68 Blackwell, page 8 (C-529) 

operators may utilize the facilities of the 

: ~shop in cases of emergency when sent by a 

shop owner. 

Yours very trdy, 

WAGGONER CARR 

Attorney General of Texas 

Assistant Attorney General 

REO:sss:br 

APPROVED 

OtiINION COMMITTEE 

W.;V. Geppert, Chairman 

Paul ~Phy 

Robert W. Norris 

W. 0. Shultz 

Pat Bailey 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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