CHAPTER 36-14
BARBERS AND BARBERSHOPS
36-14-1 Acts constituting practice of barbering.
36-14-2 Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies.
36-14-2.1 Lay member of board--Appointment and term of office.
36-14-3 Quorum of board.
36-14-4 Officers of board--Seal--Duties and bond of secretary-treasurer.
36-14-4.1 Board continued within Department of Labor and Regulation--Records and reports.
36-14-5 Employment of personnel by board.
36-14-6 Inspection of shops and schools by board.
36-14-7 Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.
36-14-7.1 General Coursework--Credit--Promulgation of Rules.
36-14-8 36-14-8. Repealed by SL 2015, ch 259, § 1.
36-14-9 Promulgation of rules.
36-14-10 36-14-10. Repealed by SL 1995, ch 220, § 7.
36-14-11 Certificate of registration required.
36-14-12 Persons exempt from requirements of chapter.
36-14-13 Registration and licensing of barbers--Qualification.
36-14-13.1 36-14-13.1, 36-14-13.2. Repealed by SL 2017, ch 175, §§ 4, 5.
36-14-14 Qualifications for transfer of license or registration from another state or country.
36-14-15 36-14-15, 36-14-16. Repealed by SL 2017, ch 175, §§ 7, 8.
36-14-17 Curriculum required for approval of barber school.
36-14-18 Contents of application for examination or registration--Photographs.
36-14-19 Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.
36-14-20 Display of certificates.
36-14-21 36-14-21. Repealed by SL 2017, ch 175, § 9.
36-14-22 Annual renewal of certificates--Expiration.
36-14-23 36-14-23. Repealed by SL 1986, ch 314, § 3.
36-14-24 Fees required of barbers and barber schools.
36-14-25 Restoration of lapsed certificate.
36-14-26 Record of proceedings relative to certificates--Contents--Public inspection.
36-14-27 License required for shop--Supervision by registered barber--Petty offense--Application--Fee.
36-14-28 Inspection before issuance of shop license--Fee.
36-14-29 Display of shop license--Transfer prohibited--Expiration.
36-14-30 Annual inspection of shops.
36-14-31 Mobile shop license fee--Annual inspection--Place of operation.
36-14-32 Grounds for refusal, suspension, or revocation of certificates.
36-14-33 Procedure for refusal, suspension, or revocation of certificate.
36-14-35 Appeal from Board of Examiners.
36-14-36 Acts declared petty offenses.
36-14-37 Violation of chapter as petty offense.
36-14-37.1 Injunction for enforcement of chapter--Election of remedies.
36-14-38 36-14-38 to 36-14-51. Repealed by SL 1977, ch 190, § 179A.
36-14-1. Acts constituting practice of barbering.
Any one or any combination of the following practices when done for compensation, or without payment for the public generally, upon the upper part of the human body for cosmetic purposes, and not for the treatment of physical or mental ailments, shall constitute the practice of barbering:
(1) Shaving or trimming the beard or cutting the hair;
(2) Giving facial and scalp massages or treatment with oils, creams, lotions, or other preparations either by hand or mechanical appliances;
(3) Singeing, shampooing, or dyeing the hair or applying hair tonics;
(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or upper part of the body.
Source: SDC 1939, § 27.1601.
36-14-2. Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies.
The Governor shall appoint a Board of Barber Examiners which shall include three professional members. The term of each is three years commencing on the thirty-first day of October. The appointee's term expires on October thirtieth in the third year of appointment. Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. Each of these members shall be a practical barber who has followed the occupation of barber in this state for at least five years immediately preceding the barber's appointment. The Governor may remove a member for cause and shall fill all vacancies. Any member appointed to fill a vacancy shall serve the remainder of the unexpired term. The Governor may stagger the terms to enable the board to have different terms expire each year.
Source: SDC 1939, § 27.1604; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 42; SL 2012, ch 16, § 4; SL 2013, ch 176, § 4.
36-14-2.1. Lay member of board--Appointment and term of office.
The membership of the Board of Barber Examiners shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay member. The lay member shall have the same term of office and is subject to the same limits and conditions as other members of the board.
Source: SL 1973, ch 2, § 58; SL 2005, ch 199, § 43.
36-14-3. Quorum of board.
A majority of the Board of Barber Examiners, in meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board.
Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1.
36-14-4. Officers of board--Seal--Duties and bond of secretary-treasurer.
The Board of Barber Examiners shall elect a president and a secretary-treasurer. It shall adopt and use a common seal. The secretary-treasurer shall keep a record of all proceedings of the board and shall report to the president, all moneys collected, at least once a month. The secretary-treasurer shall give such bond as the board may require, with sufficient sureties, to be approved by the board, for the faithful performance of his duties.
Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1.
36-14-4.1. Board continued within Department of Labor and Regulation--Records and reports.
The Board of Barber Examiners shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation, except that the board shall report at least annually.
Source: SL 1973, ch 2, § 56 (d); SL 1986, ch 302, § 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 52; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
36-14-5. Employment of personnel by board.
The Board of Barber Examiners may employ inspectors, clerks, and other assistants, as the board deems necessary to carry out the provisions of this chapter.
Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1; revised pursuant to SL 1973, ch 23; SL 2015, ch 260, § 3.
36-14-6. Inspection of shops and schools by board.
Any member of the Board of Barber Examiners, or its agents or assistants, shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours.
Source: SDC 1939, § 27.1606.
36-14-7. Monthly deposit of money into treasury--Special account--Continuous appropriation--Limit on expense.
All money coming into the custody of the Board of Barber Examiners each calendar month shall be paid by the board to the state treasurer on or before the tenth day of next month. The state treasurer shall credit the money to the Board of Barber Examiners' account in the general fund, which account is hereby created. The money in the Board of Barber Examiners' account is hereby continuously appropriated to the board for the purpose of paying the expense of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.
Source: SDC 1939, § 27.1605; SL 1964, ch 88, § 1; SL 1968, ch 117, § 1; SL 1979, ch 257, § 2.
36-14-7.1 . General Coursework--Credit--Promulgation of Rules.
Notwithstanding any other provision of this chapter, the board shall allow an approved school of barbering to apply credit earned by a student for general coursework in areas not limited to the practice of barbering that is completed in other programs or institutions to the course of instruction required in § 36-14-17 .
The board may promulgate rules, pursuant to chapter 1-26 , establishing criteria for accepting and applying the credit allowable under this section.
Source: SL 2020, ch 158, § 1.
36-14-9. Promulgation of rules.
The Board of Barber Examiners may promulgate reasonable rules, pursuant to chapter 1-26, for the administration of the provisions of this chapter and to prescribe sanitary requirements for barbershops and barber schools.
Source: SDC 1939, § 27.1606; SL 1972, ch 15, § 4; SL 1986, ch 302, § 17; SL 2017, ch 175, § 1; SL 2022, ch 149, § 1.
36-14-11. Certificate of registration required.
No person may practice barbering without having a certificate of registration issued by the Board of Barber Examiners.
Source: SDC 1939, § 27.1607; SL 1961, ch 132; SL 2017, ch 175, § 2.
36-14-12. Persons exempt from requirements of chapter.
The provisions of this chapter shall not apply to the following persons, while in the proper discharge of their professional duties:
(1) Persons authorized by the law of this state to practice medicine and surgery;
(2) Employees in state penal and charitable institutions;
(3) Registered nurses;
(4) Persons authorized by the law of this state to practice cosmetology.
The provisions of this section shall not be construed to authorize any of the persons exempted by subdivisions (1) to (3), inclusive, of this section to shave or trim the beard or cut the hair of any adult male person for cosmetic purposes.
Source: SDC 1939, § 27.1602; SL 1977, ch 190, § 176A.
36-14-13. Registration and licensing of barbers--Qualification.
Any person who meets the following requirements is entitled to a license or certificate of registration as a registered barber:
(1) Is at least eighteen years old;
(2) Submits an application in compliance with § 36-14-18;
(3) Completes fifteen hundred hours of education or equivalent credit hours in a barber college or school approved by the board; and
(4) Passes the written test and practical barber demonstration certified by the board.
Source: SDC 1939, § 27.1609; SL 1961, ch 133; SL 1964, ch 88, § 2; SL 1968, ch 117, § 3; SL 1976, ch 229, § 1; SL 1979, ch 257, § 3; SL 1986, ch 314, § 1; SL 2017, ch 175, § 3; SL 2022, ch 149, § 2.
36-14-14. Qualifications for transfer of license or registration from another state or country.
Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has:
(1) A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or registering barbers as required by this chapter; or
(2) Can prove by affidavits that the applicant has practiced as a barber in another state or country for at least five years.
After a qualified applicant pays the required fee, the Board of Barber Examiners shall issue a certificate of registration to practice barbering. If an applicant applying to transfer a barber license or registration to this state from another state or country that requires less than fifteen hundred hours of instruction as a prerequisite to licensing, the applicant shall receive an additional fifty hours of credit for each month the applicant has practiced as a licensed barber in the other state or country. This credit shall be applied toward the required fifteen hundred hours of instruction required by § 36-14-17.
Source: SDC 1939, § 27.1613; SL 1968, ch 117, § 5; SL 1987, ch 272, § 3; SL 2017, ch 175, § 6.
36-14-17. Curriculum required for approval of barber school.
No school of barbering shall be approved by the Board of Barber Examiners unless it requires as a prerequisite to graduation a course of instruction of not less than nine months with a minimum of fifteen hundred hours, such course of instruction to include the following subjects: scientific fundamentals for barbering, hygiene, bacteriology as applied to barbering, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics, diseases of the skin and hair, massaging and manipulating the muscles of the upper body, haircutting, shaving, and arranging, dressing, coloring, bleaching, and tinting the hair.
Source: SDC 1939, § 27.1608; SL 1968, ch 117, § 2.
36-14-18. Contents of application for examination or registration--Photographs.
Each applicant for an examination or initial registration as a barber pursuant to § 36-14-14 shall make application to the Board of Barber Examiners on forms prepared and furnished by the board, setting forth, under oath, the particular qualifications of the applicant. An applicant by examination shall furnish to the board two five-by-three inch photographs of the applicant, one of which shall be returned to the applicant and presented to the board when the applicant appears for examination. The application shall be accompanied by the required fee.
Source: SDC 1939, § 27.1611; SL 2022, ch 149, § 3.
36-14-19. Time, place, and scope of examinations--Issuance of certificates--Employment pending examination.
The Board of Barber Examiners shall conduct examinations not less than two times each year at such time and place as the board may determine. The examinations shall include both a practical demonstration and a written test, which shall embrace the subjects taught in schools of barbering approved by the board. If the provisions of this chapter have been complied with, the board shall issue the proper certificate of registration to the applicant. However, the board may permit a student to be employed at the barber profession from the time the student has completed schooling until the next examination.
Source: SDC 1939, § 27.1612; SL 1976, ch 229, § 2; SL 1995, ch 220, § 2.
36-14-20. Display of certificates.
Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair.
Source: SDC 1939, § 27.1614.
36-14-22. Annual renewal of certificates--Expiration.
Each registered barber who continues in active practice or service, shall annually, on or before the first day of July, renew the barber's certificate of registration and pay the required fee. Each certificate of registration, unless renewed, annually expires on June thirtieth.
Source: SDC 1939, § 27.1615; SL 1979, ch 257, § 5; SL 1982, ch 276, § 4; SL 2017, ch 175, § 10.
36-14-24. Fees required of barbers and barber schools.
The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a certificate of registration to practice barbering may not exceed one hundred dollars and for the issuance of the certificate, may not exceed fifty dollars. All fees shall be set by the board by rules promulgated pursuant to chapter 1-26. For the annual renewal of a certificate of registration to practice barbering, no more than eighty dollars, and for the restoration of an expired certificate, no more than twenty dollars, plus no more than fifteen dollars penalty for each expired year. The fee to be paid for a permit to operate a barber school or college shall be set by rule promulgated pursuant to chapter 1-26 and may not be more than one hundred fifty dollars annually.
Source: SDC 1939, § 27.1618; SL 1964, ch 88, § 5; SL 1979, ch 257, § 6; SL 1982, ch 276, § 3; SL 1986, ch 302, § 18; SL 1995, ch 220, § 5; SL 2007, ch 216, § 1; SL 2008, ch 191, § 32; SL 2017, ch 175, § 11.
36-14-25. Restoration of lapsed certificate.
A registered barber who does not continue in active practice or service may have the barber's certificate of registration restored at any time within three years, by paying the required restoration fee.
Source: SDC 1939, § 27.1615; SL 1964, ch 88, § 4; SL 2017, ch 175, § 12.
36-14-26. Record of proceedings relative to certificates--Contents--Public inspection.
The Board of Barber Examiners shall keep a record of its proceedings relative to the issuance, refusal, renewal, suspension, and revocation of certificates of registration, which record shall contain the name, place of business, and the residence of each registered barber and the date and number of the barber's certificate of registration. This record shall be open to public inspection at all reasonable times.
Source: SDC 1939, § 27.1606; SL 2017, ch 175, § 13.
36-14-27. License required for shop--Supervision by registered barber--Petty offense--Application--Fee.
It is a petty offense for any person to operate a barbershop unless it has been licensed by the Board of Barber Examiners and it is at all times under the direct supervision and management of a registered barber. Application shall be made on forms prepared and furnished by the Board of Barber Examiners annually before the first day of July. The fee to accompany such license shall be set by rule promulgated pursuant to chapter 1-26 and may not be more than fifty dollars annually for each shop, plus a fee of no more than ten dollars, for each chair.
Source: SDC 1939, § 27.1607; SL 1961, ch 132; SL 1976, ch 229, § 3; SL 1977, ch 190, § 177; SL 1979, ch 257, § 7; SL 1986, ch 302, § 19; SL 1995, ch 220, § 6; SL 2007, ch 216, § 2.
36-14-28. Inspection before issuance of shop license--Fee.
No shop license may be issued to any person for any new shop wanting to commence operation, or for any shop changing hands, or changing location, until the shop has passed an inspection of the premises and equipment. The inspection shall be made by the Board of Barber Examiners pursuant to the rules promulgated by the board pursuant to chapter 1-26. The fee for the original inspection may not exceed one hundred twenty-five dollars, as established by the board by rule promulgated pursuant to chapter 1-26, and shall be submitted along with the application for license and license fee.
Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132; SL 1976, ch 229, § 4; SL 1986, ch 302, § 20; SL 1995, ch 220, § 3; SL 2007, ch 216, § 3; SL 2008, ch 191, § 33.
36-14-29. Display of shop license--Transfer prohibited--Expiration.
The license required by § 36-14-27 shall be conspicuously displayed in the barbershop and no license shall be transferable from person to person, location to location, or to a new operator at the same location. All such licenses shall expire on the last day of June in each year.
Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132.
36-14-30. Annual inspection of shops.
All barbershops after original inspection pursuant to § 36-14-28 shall be inspected annually by the Board of Barber Examiners, but the board may not charge a fee for the annual inspection. However, if the shop does not pass the annual inspection and the inspector has to go back to the shop for a second or subsequent inspection, the Board of Barber Examiners may charge the shop owner for the cost of such inspection.
Source: SDC 1939, § 27.1607 as added by SL 1961, ch 132; SL 1995, ch 220, § 4.
36-14-31. Mobile shop license fee--Annual inspection--Place of operation.
The operator of a mobile barbershop shall pay a license fee required by § 36-14-27 annually for each mobile shop operated. Such mobile barbershop after original inspection pursuant to § 36-14-28 shall be inspected annually by the State Board of Barber Examiners. No mobile barbershop may be operated in a municipality or unincorporated town in which there is a licensed barbershop.
Source: SDC 1939, § 27.1607 as added by SL 1964, ch 88, § 6; SL 1979, ch 257, § 8.
36-14-32. Grounds for refusal, suspension, or revocation of certificates.
The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:
(1) Conviction of a felony;
(2) Malpractice or incompetency;
(3) Continued practice by a person knowingly having an infectious or contagious disease;
(4) Advertising by means of knowingly false or deceptive statements;
(5) Advertising, practicing, or attempting to practice under a trade name other than one's own;
(6) Drunkenness, or addiction to the use of habit-forming drugs;
(7) Immoral or unprofessional conduct;
(8) The commission of any of the offenses described in § 36-14-36.
Source: SDC 1939, § 27.1616; SL 2005, ch 199, § 44.
36-14-33. Procedure for refusal, suspension, or revocation of certificate.
The Board of Barber Examiners shall not suspend or revoke, nor refuse to issue, or renew, any certificate of registration, except in compliance with chapter 1-26.
Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15, § 4.
36-14-35. Appeal from Board of Examiners.
An appeal from the decision of the Board of Barber Examiners may be taken as provided by chapter 1-26.
Source: SDC 1939, § 27.1617; revised pursuant to SL 1972, ch 15, § 4.
36-14-36. Acts declared petty offenses.
The commission of any of the following acts is a petty offense:
(1) The practice of barbering without a certificate of registration;
(2) Permitting any person in one's employ, supervision, or control to practice as a barber, unless that person has a certificate of registration;
(3) Obtaining a certificate of registration by fraudulent misrepresentation;
(4) Failing to display the certificate of registration as required by this chapter;
(5) Using any room or place for barbering which is also used for residential or business purposes, unless a substantial partition of ceiling height separates the portion used for residential or business purposes. The practice of cosmetology or the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, or tobacco, may not be construed to mean business purposes;
(6) Failing or refusing to use separate and clean towels for each person served or to discard or launder each towel after once being used; or
(7) Failing or refusing to supply clean hot and cold water in a quantity necessary to conduct any barbershop in a sanitary manner; failing or refusing to have water and sewerage connections with a water and sewage system, where the latter is available; or failing or refusing to maintain a receptacle for hot water of a capacity of less than five gallons.
Source: SDC 1939, § 27.1619; SL 1977, ch 190, § 178; SL 1979, ch 257, § 9; SL 2017, ch 175, § 14.
36-14-37. Violation of chapter as petty offense.
Any violation of the provisions of this chapter is a petty offense.
Source: SDC 1939, § 27.9931; SL 1977, ch 190, § 179.
36-14-37.1. Injunction for enforcement of chapter--Election of remedies.
The Board of Barber Examiners may commence actions for injunction for violation of this chapter or rules promulgated hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4. Amended by SL 1986, ch 302, § 21.
