A person shall hold a barbershop permit issued by the Board before the person may operate a barbershop in the State. A separate barbershop permit is required for each barbershop that a person operates.

To qualify for a barbershop permit, an applicant shall be a person who meets the requirements of this section. An applicant shall own the facility in which the barbershop for which the application is made is located. To qualify for a barbershop permit for a mobile barbershop, the applicant shall: hold a barbershop permit to operate a barbershop that is not a mobile barbershop; and own or lease the motor vehicle or trailer in which the mobile barbershop for which the application is made is located. An applicant shall satisfy the Board that the location and equipment of the barbershop for which the application is made meets the requirements of: the Board; the Maryland Department of Health; and the applicable local zoning code. As a condition of the issuance of a barbershop permit, the barbershop for which the application is made shall pass a pre–opening inspection conducted under § 4–512 of this subtitle.

An applicant for a barbershop permit shall: submit to the Board an application on the form that the Board provides; and pay to the Board an application fee and a pre-opening inspection fee established by the Board in accordance with § 4-206 of this title. For each barbershop permit for which a person applies, the person shall submit a separate application and pay separate application and pre-opening inspection fees.

The Board shall issue a barbershop permit to each applicant who meets the requirements of this subtitle. The Board shall issue a barbershop permit and a beauty salon permit to an applicant of a single establishment if the applicant: meets the requirements of: this title; and Title 5 of this article; submits a separate application for each permit; and pays a separate fee for each application.

While a barbershop permit is in effect, it authorizes the barbershop permit holder to operate a barbershop.

Unless a barbershop permit is renewed for a 2-year term as provided in this section, the permit expires on the first May 31 that comes: after the effective date of the permit; and in an odd-numbered year. At least 1 month before a barbershop permit expires, the Board shall mail or electronically transmit to the permit holder: a renewal application form; and a notice that states: the date on which the current permit expires; and the amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the permit holder, at the last known address of the permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. Before a barbershop permit expires, the barbershop permit holder periodically may renew it for an additional 2-year term, if the holder: otherwise is entitled to hold the permit; pays to the Board a renewal fee established by the Board in accordance with § 4-206 of this title; and submits to the Board a renewal application on the form that the Board provides. The Board shall renew the barbershop permit of and issue a renewal certificate to each barbershop permit holder who meets the requirements of this section. The Secretary may determine that barbershop permits issued under this subtitle shall expire on a staggered basis.

The Board may reinstate a barbershop permit that has expired if the owner of the barbershop: applies to the Board for reinstatement within 45 days after the permit expires; otherwise meets the requirements of § 4–506(c) of this subtitle; and pays to the Board a reinstatement fee established by the Board in accordance with § 4–206 of this title, in addition to the renewal fee required under § 4–506(c)(2) of this subtitle. If an owner of a barbershop has failed to renew a barbershop permit and applies to the Board for reinstatement more than 45 days after the permit has expired, the Board shall reinstate the permit only if the barbershop owner qualifies for a barbershop permit in accordance with §§ 4–502 and 4–503 of this subtitle.

A barbershop may not employ at the same time more than three apprentice barbers for each master barber employed. A barbershop may have a separate shampoo area. The Board may not require a barbershop to have a minimum number of sinks. An apprentice barber under complete and constant supervision of a master barber may assist the master barber in starting or completing an operation. The master barber or barbershop may charge the usual fees for the operation. A fee may not be charged for an operation performed completely by an apprentice barber.

Except as otherwise provided in this subtitle, a barbershop may not be integrated with any other business. A person may conduct another business on the premises of a barbershop only if the business and barbershop are separated by a permanent wall or partition. An individual licensed to practice cosmetology may practice cosmetology in a barbershop.

The owner shall designate a master barber to supervise each apprentice barber who is learning to practice barbering or to provide barber–stylist services in the barbershop. The owner or a designated master barber shall file monthly a report, on a form supplied by the Board, that: states the progress of each apprentice barber employed by the barbershop; and identifies the master barber supervising each apprentice barber. The owner and the master barber supervising an apprentice barber immediately shall advise the Board in writing of: the date on which an apprentice barber ceases learning to practice barbering or to provide barber–stylist services at the barbershop, temporarily or permanently; and the reason for the cessation.

The Board may adopt regulations to ensure that each barber school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner. The regulations adopted under subsection (a) of this section shall provide for: the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and the imposition of a fine not to exceed $300 for a violation of the regulations. In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following: the seriousness of the violation; the good faith of the violator; the violator’s history of previous violations; the deleterious effect of the violation on the complainant, the public, and the barber industry; and any other factors relevant to the determination of the financial penalty. The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person. A complaint shall: be in writing; include the name and necessary contact information of the individual filing the complaint, as determined by the Board; state specifically the facts on which the complaint is based; be submitted to the Executive Director of the Board; and be served on the person to whom it is directed: personally; or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records. If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing. If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint. If the Board finds that there is a violation that relates to the sanitary condition of the barber school, the Board shall provide the owner of the barber school an opportunity to correct the alleged violation. If the school owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle. If the school owner corrects each alleged violation within 10 days of notice, the Board shall: dismiss the complaint; and provide the school owner written notification of dismissal.

With the approval of the Secretary, the Board may appoint inspectors to conduct inspections. An inspector serves at the pleasure of the Board. Subject to the State budget, each inspector is entitled to: reasonable compensation as determined by the Board for each day on which the inspector is engaged in the duties of the inspector’s appointment; and reimbursement for expenses under the Standard State Travel Regulations. The Board shall inspect barbershops. The Board or an inspector shall inspect each barbershop before the barbershop: initially opens for business; opens for business at a new location; or continues business under a new owner. A barbershop that remodels and reopens with the same owner is not subject to the inspection requirement of this subsection. The Board or an inspector may enter and inspect a barber school approved by the State Board of Education or the Maryland Higher Education Commission at any time during business hours to determine the sanitary condition of the barber school. If, during an inspection of a barber school, an inspector finds an unsanitary condition, the inspector promptly shall report the condition to the Board. A barbershop shall allow an inspector, on presentation of credentials, to enter and inspect the facility at any time during business hours. During inspection of a barbershop, the owner, lessee, or manager of the barbershop shall accompany the inspector. An inspector shall make an inspection report after an inspection and give a copy to the individual who accompanied the inspector during the inspection. The individual shall sign the inspection report for the barbershop to acknowledge receipt of a copy of the report.

Subject to the hearing provisions of § 4-514 of this subtitle, the Board may deny a barbershop permit to any applicant, reprimand any permit holder, or suspend or revoke a barbershop permit: for any applicable ground under § 4-314 of this title; if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a barbershop permit for the applicant or holder or for another; if the applicant or holder fraudulently or deceptively uses a barbershop permit; or if the holder fails to pay a civil penalty imposed by the Board under § 4-608 of this title. Instead of or in addition to reprimanding a permit holder or suspending or revoking a permit under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date. To determine the amount of penalty imposed under this subsection, the Board shall consider the following: the seriousness of the violation; the good faith of the violator; the violator’s history of previous violations; the deleterious effect of the violation on the complainant, the public, and the barber industry; and any other factors relevant to the determination of the financial penalty. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person. A complaint shall: be in writing; be signed by the complainant; state specifically the facts on which the complaint is based; be submitted to the Executive Director of the Board; and be served on the person to whom it is directed: personally; or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records. If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing. If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint. Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under § 4-514 of this subtitle, the Board shall act on the complaint as provided under § 4-514 of this subtitle to deny, suspend, or revoke a barbershop permit, or reprimand or assess a penalty against the holder of the permit. If the Board does not make the finding, the Board shall dismiss the complaint. If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary condition of the barbershop, the Board shall provide the owner of the barbershop an opportunity to correct the alleged violation. If the barbershop owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle. If the barbershop owner corrects each alleged violation within 10 days of notice, the Board shall: dismiss the complaint; and provide the barbershop owner written notification of dismissal.

Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 4-511 or § 4-513 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board may administer oaths in connection with any proceeding under this section. The hearing notice to be given to the person shall be sent by certified mail to the last known address of the person at least 10 days before the hearing. If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.