380-40 ORDINANCE NO.
An Emergency Ordinance of the City of Delray Beach, State of
Florida, defining the Practice of Beauty Culture and management
ef Beauty Shops, and Requiring ~ license or Cert~fdcate of
Registration as a Condition to AnY Person ~racticlng Beauty
Culture or any ~
~:erson attempting to ~anage or Operate a Beauty
Shop, and prescri'bing the Terms and Conditions Upon which the
Zicenses or Certificates of Registration ~.[ay be Issued' to Any
Person to Practice Beauty Culture or. to ]~anage or Operate a
Beauty Shop in the City of Delray Beach, State of Florida;
Creating ~ City Board of Be~utician Examiners. and Defining ~nd
Declaring Its 15'owers a~d Duties; Regulating the Practice of
Beauty Culture and ~anagement of Beauty Shops by those ]Licensed
Hereund~: Imposing Certain Fees Upon ~ersons Applyi~g for
Licsnse,~"or Certificates of Registrgt~oh to ~'ractlce Beauty
Culture or Operate or X~anage a Beauty Shop of thds City; and
Appropriatlng.the Proceeds there-of to Accomplish the Purposes
of This Ordinance; and Prescribing ]/enalties for Violaf, io~ of
the Provisions of This Ordinance ~,nd Regulations Hereunder.
Whereas an Eme'rgency Exists in the City of Delray Beach,
St~te of Florida, due to the fact that there is no existing
Ordinance Properly Regulating the Practice of Beauty Culture
and ~[anagement of Beauty Shops; and ~i~ereas this is an Ordinance
Providing for the Immediate Preservation of Public Peace,
Property, Health, or Safety, or for the Daily Operation of'a
~[unicipal Department,
Now Therefore Be It Ordained by the City Council of the
City of Delray Beach, State of Florida, ~s Follows:
BEAUTICIANS TO BE REGISTERED
Section 1. It shall be ttulawful for any person to engage in the
practice or attempt to practice ~.Beauty Culture w~hout a
certificate of registration as a registered Beautician, or a
registered ]~ster Beautician, or a registered Junior Operator,
issued pursuant to the provisions of this Ordinance by the
Board of Beautician Examiners hereinafter established.
It sh~,ll be unlawful for any person, firm, or corporation
to hire or employ any person to engage dn the practice of
Beauty Culture or to manage or operate a Beauty Shop as hereinafter
defined, unless such person then holds a valid, unexpired and
unrevoked certificate of registration to practice Beauty Culture
am a Master Beautician, a registered
Beautician, or as a ~unior ~perator, issued ~der the pro-
visions of this Ordinance.
? It s~ll be unlawful for ~ny person to manege, or operate
a Beauty Shop in the ~ity of Delray Be~ch, in the St~te of
Plo~da wi~out a certific~te of reMistration ~s ~ ~ster
Beaut i c i an.
DE~I NII TIOHS
Section ~. Beauty Cul~e: ~y one or ~ny ~omi~tions of the
following yr~c~ices ~hen not done ~br t~e tre~tment of disease
and when done for the payment either directly or indirectly
or without p~nent for the public gener~ly~, co~titutes the
practice of Be~uty Culture. ( Except duly licensed b~rbers, who
are licensed by t~ City of Delr~y Beach).
The cutting or trinminE o~ h~ir.
P~ci~l or scelp massage or treatment ~th oils, creams
lotions or other prep~retions.
Shampooing or dying of the h~ir or ~ld~lying ~ir tonics.
Al~Tlying cosmetic prep~ations, ~ntiseptics, powders,
oil, c~y or lotions to the sceli~, fece, or neck.
(b) Beeuty Shop: For the pur!~ose of ~is Ordinance, the
term Beauty Shop is hereb? defined to embrace ~nd include ~y
establis~ent or p~ce of business ~'herein the practice of
Beauty Culture is engaged in or carried on.
(c) Beautician: Any person eng~ged in the occupetion
of Beauty Cult~e and working f~ ~nd ~der a ~[aster Beautician.
(d) ~[~ster Bemutici~: ~y~person e~ged in the occupa-
tion of Beauty Cul~re ~d o~i~g his or~ her o~ Beauty Shop~
(e) Board: Eea~ng the Delray Beth B~rd of Beauty
Cult~e Ex~iner s.
Section Z. Any person is ~uelified to receive ~ certificate of
registration to prmctice Beauty Cult~e;
(a) V~o h~s grnduated f~m a school of Beauty Culture
approved by the Board, and
¥(b) Who has served at least two years as a Junior
Operator, and
(c) ;~o is at leas% eighteen years of age, of good moral
character and temperate habits,
(d) Who has passed a satisfactory e~aaination con,noted
or her
by the Board to determine his fitness to practice Beauty
Culture, and
(e) ~o can furnish to the Board a certificate from a pract-
icing medical ~octor of this city, dated not mere than ten days
prier to the date of the application, attesting that he or she
is free from any contagious or infectious disease.
An applicant for a certificate of registration to practice
Beauty Culture in this City who~fails to pass a satisfactory
cxamlnat~on conducted by the Board must wait six months before
he or she is again e~titled to take the examination for a
registered Beautician.
~ST~R BEAUT IC IANS QUA~!F ICAT IONS
Section 4. Any person is qualified to receive a certificate
as Master Beautician for the operation and management of a
Beauty Shop,
~'(a) Who has o~u~ed a Beauty Shop or has practiced at least
three years as a registered Beautician, and
(b) Who has passed a satisfactory examination as a ~gaster
Beautician conducted by the Board to determine his or her
fitness to manage, operate, or act as a proprietor for a
Beauty Shop, and
(c) Who has complied w~th the other requirements of
Section Three, and
(d) Who has paid the required fee ...... ~ -~U~. as pro-
vided in Section Fourteen of this Ordinance.
JUNIOR OPERATORS QUAZIFICAT IONS
Section §. Any person is qualified to receive a certificate
of Junior Operator for Beauty Culture:
(a) Who has complied with all the requirement~ of Section
Three except paragraph (b).
JUNIOR 0t~ER~'~TORS ~iUAIIF~CATIOIVS CONT'D
(b) No registered Junior Operator may practice Beauty
Culture e~cept under the direction of a registered t.~ster
Beautician.
(c) Pay required fee as provided in Section Fourteen.
A]~'PLICAT IONS FOR EXAL'INAT IONS
Section 6. Each applicant for examinatio$ shall;
(a) I~[ake application to the Board at least thirty days
before examination date, on blank forms prepared and furnished
by the Boar~, such applications to contain proof under oath of
the p~,rtlcu, lar qualifications of the applicant.
(b) Furnish the Board a certificate from a practicing medical
doctor of this City dated not more than ten days prior to the
date of the examination attestin~ that he or she is free from
any contagious or infectious disease
(c) Pay the required fee ~._u:.:.- ......
..... as provided tn
Section Fourteen of this Ordinance.
EXA?.~ INAT IONS
Section 7. The Board shall conduct examinations of applicants
for certificates of registration to practice as Beautician,
~aster Beautician, or Junior Operator, to determine educational
and practical fitness of applicants. The examination shall
include practical demonstrations, written and oral.tests.
CERT IF ICATES
Section 8. Certificates of registered ~Jaster Beautician,
Beautician, or Junior Operator shall be ~ssued by the Board to
any applicant who shall pass a satisfactory examination ma~ng
a grade of not less than seventy-five per cent and who shall pos.
sess the other qualifications required by this Ordi~.nce.
.j ~'~ RES IDENT PRACT lC lNG BEAUTY CUT,TURE
~"~eetion 9. Any person resident of the City who h~.s for two
years Immediately preeeeding the passage of this Ordinance
continuously engaged in the practice of Beauty Culture as a
Beautician, ~aster Beautician, or Junior Operator shall be
granted a certificate of registration as a reglstere~
Beautician, ~[aster Beautician, or a registered Junior Operator
RES IDENT PRACT ICING BEAUTY CUT,TUHE CONT 'D
WITHOUT EXAEINATION by making applic~tion to the Board, paying
the required fee and furnishing the Bo~rd with a certificate
issued by ~ practicing medical doctor of this City attesting
that he or she is free from any contagious or lnfewtious disease~.
DISPLAY OF CERTIFICATES
Section lC. Every holder of a certificate of registration shall
display it in a conspicuous place adjacent to or near his or heri
work chair.
The Board shall furnish to the Owner or ~nager of each
Beauty Shop a copy of the Rules and Regulations and sanitary
requirements, which shall be posted in a conspicuous place in
such Beauty Shop by the Owner or ~anager thereof.
A~7}~UA Y~ RENEWALS
Section 11. Every registered Beautician, registered ~[aster
Beautician or Junior Operator, shall a. nnu~lly on or before the
first d~y of October renew his or her certificate of registratiom:
~nd pay the required fee, furnish the Board w~th a certificate
from a practicing medical doctor dated not more than ten days
prior to the application, stating that he or she is free from
any contagious or infectious disease.
Every certificate of registration which has not been renewed
during the month of September in any one year shall expSre on
the first day of October in that year. A registered ~eautle~an,
~raster Beautlelan, or Junior Operator whose certificate of
registration has e~plred, m~y have h~s or her certiffeate re-
stored upon payment of the restort~.tlon fee. Any reg:istered
practitioner under this ordinance who retires from the practice
of Beauty Culture may renew h~s certificate of regi~tration upon
~ayment of th~: registration fee,
GROUNDS FOR EXCIUSION
Section 12. Th~ Board may either refuse to issue, or renew, or
may suspend or revoke any certlficate of reg:i, stratlon for any on.e
of the following c~uses:
recor~a~Cg~victio~ ~ a felony, sho,~n by a certified copy of the
CZ ~le tour'S COlqY~O~6ion;
GR,...oNDS FOE ~XCi:oS iON CONT'D
(b) Ifalpractice or Eross Incompency;
(c) Continued practice of sA person ~owingly having an
infectious or contagious disease;
(d) Hs~bitual drunkenness or habitual addiction to the use
of morphine, oocain, or other habit forming 5rugs;
(e) Immoral or unprofessional conduct;
(f) Commission of s,~ny of the offenses described in Section
Fifteen, subdivision (c), (d), and (g) of this Ordinance.
HEAR ING ON EXCLUS ~ON
Section 13. The Board may neither refuse to issue or refuse to
renew, nor ~uspend, nor revoke and certificate of re~istration,
however, for any of these causes unless the person aocussed
has been given a~ least ten (lC) days notice in writing of the
charge against him s. n5 a public hearing of the Board, except
subdivisions (b) and (c) of Section Twelve, when J~mmedi~te
suspension must be made and continued until a satisfactory show-
ing can be ma.de that the disqualification has ceased to exist.
The refusal by the Board either to issue or renew or suspend
or revoke e~y dertificate of registration for any cause may be
appealed to the City Council by the accussed; that the Boa. rd ~ay
be called upon by the City Council to show just cause why such
refusal to issue or renew or such suspension or revocation has
been ~la~.e.
FEES
Section ~. The fee to be paid by an applica~t for an examinat-
~.on to determine his or her f:itness to rece:~ve a cert~_ftcate of
registration to practice Beauty Culture or operate a Beauty
Shop is ten dollars ($10.00); the fee to be pa~d by the applicant
for the issuance of a certificate as a Beautician Is five dollar~
:~ (~S,O0), the fee to be paid by the applicant for the issuance of
a certificate as a 1,[aster Beautician Is fifteen ~oSl,~rs {815.00).
The fee to be pald by a Junlor Operator. is the s~me as Bes. utte~an.
FEES CONT 'D
~The fee to be paid for the renewal of certificates is Beautician
'mfiVe dollars ($5.00), Master Beautician fifteen dollars ($15.00).
iThe fee to be paid for the restoration of a certificate to practice
Beauty Culture as a Beautician is ten dollars ($10.00), for a
~aster Beautician twenty dollars (~20.00).
OFFENSES AND
Section 15. Each of the following shall constitute a misSemeanor
and be punishable upon co~victlon by imprisonment in the City
Jail for not moro than Two Eonths or by fine not exceeding Fifty
Dollars ($50.00), or by both such fine and imprisonment in the
discretion of the City Court.
(a) The violation of any of the provisions of Section 1. of
'ithls 0rdinance.
(b) Permitting any person in ones employ, supervision or
.~iicontrol to practice as a Junior Operator unless that person has
!!a certificate of registration as a registere~ Junior Operator
(c) Obtaining or attempting to obtain a certificate of regist~a
t lon for money other than the required fee, or any other thing of
value or by fraudulent misrepresentation.
(e) The wilful failure to display a certificate as required
by Section ten of this Ordinance.
(f) The use of any room or place for a Beauty Shop which is
!also used for residential or business purposes except for the
isale of commeties, for the protection of the general public from
contagious or infectious diseases·
(g) A violation of any of the provisions or subdivisions of
:~Section twenty of this Ordinance.
(h) The wilful failure of any ortner or manager of a Beauty
!~hop to display a copy of Section twenty with r~les arid regulations
s provided in Section ten hereof.
PER JURY
!t Section 16 The wilful making of any false statement as to
..~aterial matter in any oath or affidavit which is requireA by. the
~i~rovisions of this Ordinance, is perjury and punishable as a mis-
! demeanor ur~der the general City law governing punishment and
isdemeanor.
BEAUTY CULTURE BOARD
Section 17. A Board is hereby created to be ]rnow~ as thc City
Board of Beauty Culture Examiners, which shall consist of three
members appointed by the City Councilt City of Delray Beach,
Stste of Florida.
Each member shall be a registered Beautician or or, ruer of a
Beauty Shop of this City, who has operated or o,~ned a Beauty
Shop for at least two years immediately prior to his or her
a~':~ointment. The members of the f~rst Board. shall serve for
three (~) years, two (2) years, and one (1) year respectively
as at:pointed, an~ members thereafter shall serve for three
years. ~[embers appointed to fill vacancies, shall serve
the unexpired term of their predecessors.
OFF ICERS
Section 18. The Board shall elect a president amd secretary.
The secretary may or may not be a. member of the Board. The
secretary shall keep a record of all proceedings of the Board.
RECE~t~TS Ai~UD TR~_,IR D~S~?SITION
/~ection 19. A~_i fees paid under this ordirmnce shall be paid
to the City Clerk or City Treasurer. The fees shall be five
dollars ($5.00) for each certificate issued to Beauticians,
and fifteen dollars ($15o00) for each L~aster Beautician
certificate.
~11 money paid to the City for examination fees and
restoration fees shall be turned over to th~ Board by the City
clerk to meet the Board expenses.
REGUIAT iONS~ INSt:ECT IOI?S, ETC.
~ection 20. It shall be unlawful:
~ (a) For any Beautician or Junior Operator to ~owingly continue
the practice of Beauty Culture while such person has an infectious
'!contagious or communicable disease.
ii (b) To own, operate, or control any Beauty Shop unless continuously
hot and cold run~[ng water be provided therein.
~i (c) To use upon one patron a towel that has been used upon
~ianother unless and until the towel has been re-laundered.
i (d) h~ot to provide the head rest on each chair with a re-laundered
!towel or sheet of clean paper for each patron.
REGUIAT IONS,, INSI~ECT IONS,_ fTC · CONT 'D
(e) To use in the practice of Beauty Culture as hereinafter
defined, any steptlc pencil, f~ N~, sponge, lump alum, or
powder puffs.
(f) Possession of a steptdc pencil, f~ sponge, lump alum
or powder puff in a Beauty Shop is prima facie evidence that the
same is being used ~here in the practice of Beauty Culture.
(g) Not to place around the patrons neck a clean and sanitary
neck band ~o that the hair-cloth or shampoo cape does not come in
bontact with the neck or skin of the p~trons body.
(h) To use on any patron any tool or instrument that has not
~een properly sterilized before each such use.
(f) All sterilizing solutions shall be two per cent carbolic
~cld or its equivalent.
(j) The lack of proper sterilizing equipment in any Beauty
~hop shall be prima facie evidence that sterilization is not being
practiced there in.
(k) For any person to operate or attempt to operate any Beauty
~hop in any room that does not contain at least thirty-five hundred
~500) cubic feet.
~ The Board shall have power to make other rules and regulations
· ~nd prescribe other sanitary requirements ~n addition to the fore-
oing in aid to furtherance of the provisions of th~s 0rdAnance,
~ubJect to the approval of the City Council.
i!
il Any member of the Board shall have authority to enter into
~nd to inspect any Beauty Shop at any time during business days
~nd. hours.
! The Board shall have authority to require a medical examination
t any time, from any practicing Beautician, Master Beautician, or
~nior 0per~tor, should question ar~se as to his or her helthful
S ction 21. The Board shall keep a record of its proceedings
r latlng to the issuance, refusal, renewal, suspension and re-
vocs ion of certificate of registration. This record shall also contain
the ~ame, place of business and residence of each registered Beautician
~J~ast ~r Beautician and Junior 0perat. or, and the ~ate and number of his
or h~r certificate of registrat~ion. This record shall be open to the
publ .c at all reasonable times.
C ONST ]TUT IONALITY
Section 22. If any section, subdivision, sentence, clause, or
phrase of this Ordinance Is for any reason hel~ to be unconstitu-
tional, such decision shall not effect the valiaity of the
remaining portion of this Ordinance.
Section 2Z. All other Ordinances or portions of 0r~,inamces
in so far as they are inconsistent with this Ordinance are
hereby repealed.
Section 24. This is an emergency Ordinance an8 shall take
effect immediately upon its passage on its first reaSing.
Passed in regular session on the 14th day of October
A .D. 1940.
" s de~
'i~r-e :in ~i~y~C UnclI
ATTEST
City Clerk
APPROVED ~
'i/ Mayor
PERTINENT FEATURES OF TH~
BEAUTWf CULTURE ORD~~
License - ~o~ attempti~ to m~age or ~rate a beauty shop.
Ctf. of Registration - For praotis~ buea~ cult.s
Re~ a tared be au t iolan (
Registered Master Beautici~ ~ ~1 ias~d by B~rd of
) Beau$y · ~era.
Registered ~ior ~erator
-
Master Beauti~Xan : Any persca engaged in the occupatic~ of beauty
culture & owning his or her own beauty shop;
or one who ope rates a shop for others
Beautician : An operator but not a master beautician
Exams are held every 6 months
Make application for exam 30 days ahead of time.
FEF~: Ex.ne for all is $10.00 (No exam required for ~un. Operator)
Certificates, MA~TER BEAT~ffICIAN - $15.00
( Same as ]]EAX~OIAN - 5. O0
lice nas ) JUNI0~ OPERATOR - 5.00
CITY BOA~D OF BEAUTY CUL~RE EXAI~RS: Get all examination and .~
restoration fees
ClOT OF DELRAY BEACH : Gets only the License or
Certificate fearn.