AGO 84-1.

Case Date:January 30, 1984
Colorado Attorney General Opinions 1984. AGO 84-1. January 30, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-1 AG Alpha No. RG BR AGAMH Cathy Wells Administrator Colorado State Board of Barbers & Cosmetologists 1525 Sherman St., Room 606 Denver, CO 80203 RE: Legality of a mobile barber/beauty shop based on the interpretation of the definition of a shop as provided in C.R.S. 1973, 12-8-103(4) (1978 repl. vol. 5)Dear Ms. Wells: This opinion is in response to your letter of November 15, 1983 in which you inquired about whether a mobile barber/beauty shop must be licensed by the State Board of Barbers and Cosmetologists. QUESTION PRESENTED AND CONCLUSION Your request for an attorney general's opinion presents the following question: Whether pursuant to the laws governing the practice of barbering and cosmetology in Colorado one must obtain a "barbershop" or "beauty salon" license from the State Board of Barbers and Cosmetologists (hereinafter "the board") before operating a mobile unit in which one or more persons engage in the practice of barbering or cosmetology. My conclusion is no. It is my opinion that the legislature has authorized the board to regulate barbering and cosmetology establishments of fixed location only. The board has not been authorized to license mobile shops. Furthermore, nothing in the laws governing barbering and cosmetology prohibits a licensed barber or cosmetologist from providing barber or cosmetology services outside of a licensed shop. Nevertheless, the board has authority to regulate such services outside of a licensed shop through licensure of all individual practitioners of barbering and cosmetology. ANALYSIS C.R.S. 1973, 12-8-120(1) (1978 repl. vol. 5) provides as follows: (1) It is unlawful for any person, public school district, or public institution of higher education in this state to engage in, or to teach the occupations of barbering or cosmetology or to conduct a barber school, barbershop, beauty salon, or beauty school in this state unless such person, public school district, or public institution of higher education first obtains a license as provided by this article. C.R.S. 1973, 12-8-103(4) (1978 repl. vol. 5) defines a "barbershop" or "beauty salon" as follows: "Barbershop" or "beauty salon" means a fixed...

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