36-15-51. License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

No person may operate a salon or booth without a license. Any person who desires to operate a salon or booth where:

(1)    All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable;

(2)    Only nail technology is practiced, shall apply to the commission for a nail salon or booth license, as applicable;

(3)    Only esthetics is practiced, shall apply to the commission for an esthetics salon or booth license, as applicable;

(4)    Cosmetology is limited to one or a few of the practices specified in § 36-15-2, shall apply to the commission for a limited salon or booth license. The application for a limited license shall state the practices of cosmetology desired to be provided.

The application shall be accompanied by the license fee provided for in this chapter. Any salon or booth license expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and is renewable annually. No person may practice cosmetology, nail technology, or esthetics beyond the limits specified in the license. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 27.1512 as enacted by SL 1957, ch 118, § 1; SL 1972, ch 206, § 42; SL 1977, ch 190, § 180; SL 1997, ch 218, § 22; SL 2003, ch 202, § 58.



SDLRC - Codified Law 36-15-51 - License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

36-15-51.1. Changing location or ownership of salon or booth--New license required--Temporary permit authorized--Notice to commission.

The owner of a salon or booth shall apply to the commission for a new license pursuant to § 36-15-51 if:

(1)    A salon or booth address is changed;

(2)    Sole ownership is changed;

(3)    A partnership has a change in any partner; or

(4)    The controlling ownership in a corporation is transferred or a corporation is reorganized.

The application shall be accompanied by the license fee provided for in this chapter. The commission may issue a temporary permit to the applicant which is valid for ninety days. During that time, the commission shall inspect the premises. The owner or manager of a salon or booth that changes location or ownership or is closed shall immediately notify the commission of that fact.

Source: SDC 1939, § 27.1512 as enacted by SL 1957, ch 118, § 1; SDCL § 36-15-51; SL 1972, ch 206, § 43; SL 1997, ch 218, § 23; SL 2003, ch 202, § 59; SL 2007, ch 217, § 8.



SDLRC - Codified Law 36-15-51 - License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

36-15-51.2. Licensed nursing facilities and assisted living centers.

Any licensed nursing facility or licensed assisted living center that permits cosmetology services only to its residents and does not advertise as a salon is not required to have a salon license.

Source: SL 2014, ch 181, § 2; SL 2018, ch 235, § 1.



SDLRC - Codified Law 36-15-51 - License required to operate salon or booth--Types of licenses--Annual expiration and renewal--Violation as misdemeanor.

36-15-51.3. Sharing of work stations, other space permitted--Conditions--Equipment--Additional space not required--Responsibility for violation.

A person who operates a licensed salon may allow more than one licensed cosmetologist, licensed esthetician, or licensed nail technician to share a work station or other space within the salon, provided that:

(1)    Each individual maintains the minimum equipment and sanitary requirements set forth by the commission;

(2)    The individuals sharing the work station or space do not provide services at the work station or in the shared space at the same time; and

(3)    If the individuals share a work station or other space within a booth, each individual possesses a booth license for the respective services that the individual will provide.

Nothing in this section prohibits individuals sharing a work station or other space within a salon from sharing equipment, provided that the equipment meets the minimum standards set forth by the commission.

If individuals are sharing a work station or other space within a salon in accordance with this section, the commission may not require additional working space other than that required for a single licensee.

If the commission finds, upon inspection, a violation of any provision of this chapter or rules promulgated thereunder, and the commission cannot determine which individual sharing the work station or other space committed the violation, the person operating the licensed salon is responsible for the violation.

Source: SL 2025, ch 157, § 1, eff. Mar. 17, 2025.