1.3 Shop Licenses, Responsible Management, License Display, Facility Standards and Inspections
Key Takeaways
Under Code of Virginia § 54.1-704.1, no individual or entity may operate a barbershop without a shop license, but a licensed barber with no ownership interest in the shop does not need one.
A Virginia shop license costs $220 to apply and $220 to renew, and it is issued to a firm, is not transferable and becomes void when the business entity is dissolved or altered.
Virginia shop name and address changes, and changes in corporate officers or LLC managers, must be reported to the Board in writing within 30 days (18VAC41-20-120).
Board agents may inspect a Virginia shop during reasonable hours, meaning 9 a.m. to 5 p.m. or the business's public hours if different (18VAC41-20-10 and -120 E).
Every current Virginia license must be displayed in plain view in the reception area or at the individual workstation, and duplicates must be posted at every location where the licensee works (18VAC41-20-260).
Two Separate Credentials: Your License and the Shop's License
A barber license lets a person practice barbering. A shop (salon) license lets a business operate a barbershop. Code of Virginia § 54.1-704.1 says no individual or entity may operate a barbershop, including a mobile shop, without a valid license from the Board. The section adds an important exception: the shop-license requirement does not apply to a licensed barber who has no ownership interest in the licensed shop where they work.
A barbershop is any establishment or place of business in which one or more barbers practice barbering (§ 54.1-700).
| Situation | What is required |
|---|---|
| Licensed barber employed in someone else's licensed shop, no ownership stake | Individual barber license only |
| Barber who owns a one-chair shop | Individual barber license and a shop license for the firm |
| Investor or LLC that owns a shop and cuts no hair | Shop license for the firm; the owner needs no barber license unless they serve clients |
| Mobile barbershop | Shop license plus a physical address where the unit is permanently garaged |
Applying for a Shop License (18VAC41-20-120 A)
Shop licenses are issued to a firm, meaning any business entity recognized under Virginia law, such as a sole proprietorship, partnership, corporation, LLC or association. The applicant must:
- Show that the applicant and all members of the responsible management are in good standing everywhere they have been licensed, and provide copies of any disciplinary action.
- Disclose a physical address. A post office box may be listed only as a secondary address.
- Sign a statement that they have read and understand the Virginia barber and cosmetology laws and regulations.
- Disclose felony convictions within 10 years for the firm and every member of its responsible management.
- Disclose the firm's responsible management.
Responsible management (18VAC41-20-10) means the sole proprietor; the partners of a general partnership; the managing partners of a limited partnership; the officers of a corporation; the managers of an LLC; the officers or directors of an association; and anyone else with a fiduciary responsibility to the firm.
Fees (18VAC41-20-140): $220 application, $220 renewal, $440 reinstatement. Like individual licenses, a shop license expires two years from the last day of the month of issue.
Changes That Must Be Reported or That Void the License (18VAC41-20-120 B–D)
- Shop licenses are not transferable.
- A change in the shop's name or address must be reported in writing within 30 days.
- When the business entity holding the license is dissolved or altered to form a new entity, the original license becomes void. The firm must notify the Board, apply for a new license within 30 days, and destroy the old license. Triggering events include the death of a sole proprietor; the death or withdrawal of a general partner, or of the managing partner in a limited partnership; and the conversion, formation or dissolution of a corporation, LLC, association or other entity.
- A change in a corporation's officers, an LLC's managers, or an association's officers or directors must be reported in writing within 30 days.
Displaying Licenses and Controlling Scope (18VAC41-20-260)
- The responsible management must make sure every current license and certificate issued by the Board is displayed in plain view of the public, either in the reception area or at the individual workstations.
- Duplicate licenses must be posted at every shop location where the licensee provides services.
- Responsible management must make sure no employee, licensee, student or apprentice performs any service beyond the scope of their license.
- Everyone must operate under the name in which the license is issued.
- Unless also licensed as a cosmetologist, a barber or master barber must hold a separate nail technician or wax technician license to perform nail care or waxing.
- A registered apprentice's proof of registration from the Virginia Department of Workforce Development and Advancement must be displayed, and the apprentice must wear a badge identifying their status.
Physical Facility Standards (18VAC41-20-270 A and C)
| Area | Requirement |
|---|---|
| Overall | Clean and sanitary at all times; licensees must take sufficient measures to prevent transmission of communicable and infectious diseases and make sure all employees comply |
| Mobile shops | Must be stationary while providing services and may not operate where a local ordinance prohibits it |
| Floors | Work areas need a washable surface other than carpet |
| Fixtures and mats | Furniture, walls, floors, windows and ceilings clean, in good repair and free of water seepage and dirt; any mats secured or lying flat |
| Bathroom | A fully functional bathroom in the same building with a working toilet and sink, hot and cold running water, lighting, ventilation, soap and clean single-use towels or a hand dryer; not used as a work area or for open chemical storage; in facilities newly occupied after January 1, 2017, it must be available for client use |
| Electrical | Cords placed to prevent entanglement; outlets covered by plates |
| Tools and appliances | Sharp tools, implements and heat-producing appliances in safe working order, safely stored and positioned to prevent injury |
| Air and light | Sufficient ventilation to exhaust hazardous or objectionable airborne chemicals; adequate lighting |
| Other law | Facilities must comply with local building and zoning codes, Virginia Department of Health guidelines and Virginia Occupational Safety and Health rules |
Chemical storage, the SDS binder and the blood spill kit are covered in Chapters 2 and 3.
Inspections
- Board inspections. The Board or any of its agents must be allowed to inspect a licensed shop during reasonable hours (18VAC41-20-120 E). "Reasonable hours" means 9 a.m. to 5 p.m., or the business's public hours if it is not substantially open during that time (18VAC41-20-10). Refusing an inspection, or failing to produce requested records, is grounds for discipline (18VAC41-20-280).
- Health Department inspections. Inspectors and sanitarians of the Virginia Department of Health (or a local health department) may inspect barbershops regularly. Infractions are reported to the Health Department and to the DPOR Director for disciplinary action (§ 54.1-705). The shop must immediately report the results of any Health Department inspection to the Board (18VAC41-20-270 H).
- Self-inspection. Every shop must keep a self-inspection form, update it every year, and keep it for five years so the Board can review it on request (18VAC41-20-270 I).
A barbershop owned by a sole proprietor is converted into a newly formed LLC. What does 18VAC41-20-120 require?
Nothing, because the shop address did not change
The LLC may keep using the old license until the next renewal date
The old license becomes void; the firm must notify the Board, apply for a new license within 30 days and destroy the old license
The owner must transfer the old license to the LLC by paying a $120 transfer fee
Which person working in a Virginia barbershop does NOT need a shop license under § 54.1-704.1?
A licensed barber employed by the shop who has no ownership interest in it
The LLC that owns and operates the shop
A barber who owns a one-chair shop
A firm that operates a mobile barbershop van
A Board investigator arrives at a shop that is open to the public from noon to 8 p.m. When may the investigator inspect under 18VAC41-20?
Only with 48 hours' written notice
Only between 9 a.m. and 5 p.m., even though the shop is closed in the morning
Only after obtaining a warrant from a circuit court
During the shop's business hours, because reasonable hours means public hours when a shop is not open 9 to 5
Sections you finish are checked off in the contents.