Beauty Salon Chair Rental Agreement - PDF

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					                               Booth Rental Licensing

The goal of the Florida Association of Beauty Professionals (FAB Professionals) is
to pass legislation that will require all booth renters to register and obtain licensure
as a salon. In this instance, the “salon” is the particular “booth” or “chair” used by a
cosmetologist, barber, nail technician or skin specialist. Each booth or chair will be
considered a free-standing salon and will be held to the same requirements as a
licensed salon.

The bill would require all independent contractors or self-employed professionals to
apply for a booth rental license at the Department of Business and Professional
Regulation under the guidelines set forth under Florida Statute Chapters 476 and
477.

Requirements for booth rental licensing shall include :

    •   A location within an active, licensed salon, spa or barbershop
    •   A current, state license issued by the Board of Cosmetology or Barber’s
        Board
    •   Submission of an agreement between licensed establishment and booth renter
        with a start/end date
    •   Proof of professional liability insurance of booth renter

 With a Booth Rental license, the booth renter:

    •   May transfer license location through an application
    •   May not transfer license to other individual licensees
    •   Must renew every two years
    •   Will be subject to final approval by the Board of Cosmetology or the Board
        of Barbering

Booth renting has grown nationally in the beauty industry over the last 15 years.
Some estimates show over 85% of licensed professionals “booth rent ”. Growing
debate over the fairness of booth renting has included:

   •    Unregulated and undetected movement of booth renters skews industry
        statistics on hourly rates and sanitation violations
   •    Confusion over the location of an individual licensee
   •    Unfair fines for salon owners due to the invisible lines between employees
        and independent contractors
   •    Unfair tax regulation as it pertains to IRS Federal and FICA taxes for salons
        and booth renters as well as state sales tax obligations on product sales
   •    Unfair and more onerous regulation for the salon owner over the booth renter
Many booth renters would argue that salon owners are trying to limit competition by
wanting to implement booth rental regulation. It is noted, that neither salon owners
nor FAB Professionals wants to limit competition, but instead advocate for a level
playing field in which all professionals are held to the same sanitation, safety and tax
guidelines.

It is important to recognize that cosmetology is the only industry that can open a
business under the umbrella of another without obtaining a license first. Using the
restaurant industry as an example, a food caterer cannot legally utilize a licensed
restaurant to prepare food for an event without first obtaining an individual catering
license which specifies and permits one kitchen to be used. Current law on caterers
and cosmetologists are similar for operating out of a private home, as well. They both
must obtain a license and follow the guidelines set-forth by the regulating department.

It is well established that professions which operate or provide services directly to an
individual and thereby affect the health, comfort, and safety of the public may be
regulated by the legislature. Thus, the Florida Legislature should make all needful
regulations for the health, safety and welfare of the people of Florida. The bottom
line on implementing booth rental licensure is to protect the Florida consumer and to
ensure that the regulation of the industry is fair and all-encompassing.

				
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