CO Code § 12-105-104 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 105 - Barbers and Cosmetologists|§ 12-105-104. Definitions

 As used in this article 105, unless the context otherwise requires:    “Barber” means a person who engages in any of the practices of barbering.    “Barbering” means any one or combination of the following practices when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or shoulders.    “Barber school” means an establishment operated by a person for the purpose of teaching barbering that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches barbering.    “Barbershop” or “beauty salon” means a fixed establishment, temporary location, or place in which one or more persons engage in the practice of barbering or cosmetology. The term “temporary location” includes a motor home as defined in section 42-1-102 (57).    “Beauty school” means an establishment operated by a person for the purpose of teaching cosmetologists, estheticians, hairstylists, and nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology.    “Cosmetologist” means a person who engages in any of the practices of cosmetology.    “Cosmetology” means any one act or practice, or any combination of acts or practices, not for the treatment of disease, physical illness, or a behavioral, mental health, or substance use disorder, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article 105. In particular, “cosmetology” includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means and, with hands or a mechanical or electrical apparatus or appliance or by the use of cosmetic or chemical preparations; manicuring or pedicuring the nails of a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard.    “Esthetician” means any person who engages in any one or more of the following practices not for the treatment of disease or physical ailments:   Giving facials, applying makeup, giving skin care, or applying eyelashes, involving physical contact, to any person;    Beautifying the face, neck, arms, bust, or torso of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;    Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body by means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;    Removing superfluous hair from the body of any person by the use of depilatories or waxing or by the use of tweezers.       “Hairstyling” means providing one or more of the following hair care services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally:   Cleansing, massaging, or stimulating the scalp with oils, creams, lotions, or other cosmetic or chemical preparations, using the hands or with manual, mechanical, or electrical implements or appliances;    Applying cosmetic or chemical preparations, antiseptics, powders, oils, clays, or lotions to the scalp;    Cutting, arranging, applying hair extensions to, or styling the hair by any means using the hands or with manual, mechanical, or electrical implements or appliances;    Cleansing, coloring, lightening, waving, or straightening the hair with cosmetic or chemical preparations, using manual, mechanical, or electrical implements or appliances;    Trimming the beard.       “Hairstylist” means a person who engages in any of the practices of hairstyling.    “Manicuring” means any one act or practice, or combination of acts or practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. “Manicuring” includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of a person by any means, including the softening of the hands, arms, ankles, or feet of a person by use of hands, a mechanical or electrical apparatus or appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow.    “Nail technician” means a person who engages in the limited practices of cosmetology known as manicuring. Unless otherwise licensed under this article 105, a nail technician shall not engage in the practice of cosmetology, except manicuring.    “Natural hair braiding” means a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.    “Owner” includes any person who has a financial interest in a barbershop or beauty salon or any other place of business entitling the person to participate in the promotion, management, or proceeds thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place of business entitles the person only to reasonable salary or wages for services actually rendered. The owner of a place of business is the person responsible for registering the place of business with the director.    “Place of business” means a fixed establishment, temporary location, or place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a nail technician or an esthetician. The term “temporary location” includes a motor home as defined in section 42-1-102 (57).     History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 819, § 1, effective October 1.    Editor's note:   This section is similar to former § 12-8-103 as it existed prior to 2019.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Public haircutting may be practiced both by licensed barbers and licensed cosmetologists. People v. Taylor, 189 Colo. 202 , 540 P.2d 320 (1975).   Cosmetologists meeting the standards for the cutting of hair have a right to engage in that business, subject only to such restrictions as are rationally related to a legitimate state purpose. People v. Taylor, 189 Colo. 202 , 540 P.2d 320 (1975).   The relationship between a beauty school and those enrolled for the purpose of learning the practices of cosmetology is that of school and student. Indus. Comm'n v. Am. Beauty Coll., Inc., 167 Colo. 269 , 447 P.2d 531 (1968).   This precludes the relationship of master and servant or employer and employee. Indus. Comm'n v. Am. Beauty Coll., Inc., 167 Colo. 269 , 447 P.2d 531 (1968).   Since statutory provisions concerning minimum wages of women and children, as a prerequisite to its operation, contemplates the relationship of employer and employee, a minimum wage order was null and void as to beauty schools and their students. Indus. Comm'n v. Am. Beauty Coll., Inc., 167 Colo. 269 , 447 P.2d 531 (1968).