Wis. Admin. Code Department of Safety and Professional Services SPS 50.241

Current through September 30, 2024
Section SPS 50.241 - Establishment management and leasing requirements
(1) MANAGER REQUIRED. The owner of a barbering establishment may not operate the establishment unless a manager is employed for the establishment, subject to the exception for temporary unavailability of a manager in s. SPS 50.230(4). The manager shall be responsible for supervising and managing the operation of the establishment. The owner and the manager shall ensure that the establishment operates in compliance with subch. II, Stats., and rules of the department including all of the following:
(a) The owner of more than one establishment shall employ a sufficient number of managers to satisfy the requirement that a manager be present full time in each establishment.
(b) The owner of a barbering establishment may satisfy the requirement in this section by employing a manager who also works at an establishment owned by a different person, provided the manager works full time at each establishment where he or she is employed as manager.
(c) A manager is required to be present in an establishment full time except if an establishment is open for more than 30 hours per week, the manager is not required to be present in the establishment at all times when the establishment is open for business, and the manager may be absent for reasonable brief periods during a day.
(2) CHAIR OR BOOTH LEASING. An individual who is neither employed by nor otherwise hired by an owner may perform barbering or cosmetology with a chair or booth in the owner's establishment only if all of the following are complied with:
(a) A lease agreement between the owner and individual, for the chair or booth, shall be executed in writing.
(b) The lessee shall be responsible for ensuring that the leased chair or booth operates in accordance with subch. II, Stats., and the rules of the department.
(c) The lessee shall be a manager and shall hold an establishment license.
(d) The lessee may not supervise an apprentice who has an apprenticeship contract with another establishment.

Wis. Admin. Code Department of Safety and Professional Services SPS 50.241

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

"Lease agreement" in this section includes chair and booth "rental" agreements. To avoid unintended insurance and tax consequences, all parties to a lease or rental agreement are advised to consult with appropriate business advisors and government agencies.