TOMS RIVER, NJ – During one of the last sessions in the New Jersey Legislature before the holiday break, an obscure law that sought to end the ban on chair rentals in barbershops and salons in New Jersey saw some action.
Bill A1507 was sent to the floor and had an amendment passed, pushing it one step closer to a vote.
If you’re in the hairstyling or cosmetology business and trying to get a head start in the business on your own, you’ve probably learned it’s not as easy as other professions.
In many professions, subcontractors can work for other contractors as independent entities. In the world of barbershops and salons in New Jersey, that’s illegal.
New Jersey forbids barbershops to lease or sell chairs in their establishments to non-employees.
“No holder of a shop license shall lease or sublease space or provide space on the licensed premises to a non-employee for the purpose of providing cosmetology and hairstyling, beauty culture, barbering, manicuring, skin care specialty, hair braiding, or ancillary services as part of a separate business to be conducted by the non-employee,” the law currently reads. “Practices commonly known as chair rentals or booth rentals are prohibited by this section.”
That could change thanks to a law introduced recently in the legislation that would permit chair or booth rentals for the purpose of providing cosmetology and hairstyling services or ancillary services.
If passed, the bill would establish a new chair or booth rental license for qualifying individuals who already are licensed by the New Jersey State Board of Cosmetology and Hairstyling to perform cosmetology and hairstyling services or ancillary services in cases when these individuals engage in a business arrangement entered into by a written contract whereby they rent or lease a chair or booth from the owner of a shop that is licensed by the board.
The bill specifically provides that no licensed shop owner shall enter into a chair or booth rental arrangement unless the practicing licensee holds a chair or booth rental license as provided in this bill.
An individual applying for a chair or booth rental license shall: make an application to the board on forms as it may require; and pay a fee as required by the board.
In addition, the bill stipulates that the board shall promulgate rules and regulations relating to the information to be submitted for a chair or booth rental license, including information regarding an applicant’s compliance with State and federal tax laws. The bill provides that the board shall maintain a record of all individuals holding chair or booth rental licenses, which licenses shall be renewable on a biennial basis.
A similar bill introduced in 2019 by shore legislator Vin Gopal died in committee.