(1) Local school district that desires to operate a school of cosmetology must apply for registration and pay annual fee of $125.00. (2) Students of such schools must be registered and pay the student license fee.

BOARD OF COSMETOLOGY: COSMETOLOGY BOARD: LICENSESt SCHOOL DISTRICTS: (1) (2) Local school distr~et that desires to operate a scheol of cosmetology must apply for registration and pay annual fee of $125 .00. Students of such schools must be registered and pay the student license fee. OPINION NO .· 16 (1965) OPINION NO." 334 {1904) Mrs. Jakaline McBrayer Executive Secretary February 4, 1965 Missouri State Boara of Cosmetology Rooms 127-129 Oapitol Building Jefferson City, Missouri Fl LED I I b I Dear Mrs. McBrayer: Your recent request for an opiaion raises two questions. The questions may be restated as followss (1) May the Board of Cosmetology charge a local school district a fee for a license to operate a school of cosmetology?· (2) Are students taking the courses for the classified occupations of cGsmetologtst, hair- dresser or matiietirist in a local school dis- trict casmetology school required to pay a fee fo~ a student license? It is unlawful under Sect~ons 329.040 and 329.250, RSMo, to operate a school teaching the classified occupations of cosmetology, hairdressing or manicuring wi thclUt obta.in.ing a· certificate of r~gistration as required by Section 329.040, RSMo. . Section ~29.040, after setting forth tne qualifications and procedures for abtair1ing a license to ~each co~metology, hair- dressing and manicuring, provides: 112. • . • No school, as · pr0vided in this chapter, shall operate within this state URless a proper certificate of registration URder this chapter has first been obtained.n Mrs. Jakaline McBrayer -2- Section 329. 2 5 0 makes it a misdemeanor for "Anyone • • • who shall ac·t in any capacity~ wherein a. certificate is required, w1 thout a certificate • • • ·• ' Thus 1 t ia a misdemeanor to operate a school of cosmetology, hairdressing or manicuring without being registered properly. If a local school district wishes to offer a school for the classified occupations of cosmetology, hairdressing or manicuring, it is necessary for the local school district to follow the pro- cedures and ea:tisfy the requirements of Section 329. 040, RSMo, which provide!!: 111. Any person may apply t o the state board of cosmetology for a certificate of registra- tion of a school for any one or more of the clasl!ified occupations within this chapter upon the payment of a r easonabl e annual f ee of Qne hundred twenty-five dollars for the school, per year or any part thereof. If the school license fee is not paid on or before the first day of Ju+y of each year, there shall be a fifteen .dollar penalty, added to the regular fee making a total of one hundred forty dol- lars. 112. l'lo such school for hairdres!lers or coe- metologists within this chapter !!hall be granted a certificate of registration unles!l it shall attach to its staff a regularly l icensed physician and employ and maintain a suffici ent number of competent instructors, registered as such, but not l ess than one instructor to each twenty students, and shall require a course of training not less than one thousand two hundred twenty hours over a period of six consecutive months for the classified occupation of hairdresser and cosmetologi!lt and not le!ls than one hundred and fifty hours for the clas!lified occupation of manicurist, such trai ning to include prac- tical demonstrations, written or oral tests, and practical instructions in sanitation, sterilization and the use of antiseptics, cosmetics and electrical appliances, consis- tent with the practical and theoretical re- quir ements as applicable to the classified oceupations as provided in this chapter; pro- vided, however, that when the cl assi fied oc- cupation of manicuring is taken in conjunction with the classified occupation of hairdresser Mrs. Jakaline McBrayer -3- and cosmetologist as provided in this chapter ·there need be no additional hours added to said classification for the occupation of manicuring. No school, as provided 1n this chapter, shal.l operate within this state un- l ess a proper certificate of registration under this chapter has first been obtained. " It is to be noted that these provisions apply to "any person" who wishes to operate a cosmetology school. The term. 11person" by statute, Section 1.020, RSMo, is broad enough to include a local school district. The statute provides: Section 1.020, RSMo. "As used 1n the s·ca.tutory laws of this state, • • • ~~ess llainl~ repu~t to the intent of the egis~re or o the context ·Ehereof's ********** - - - - - - ~ - - - "(7) The word 'person' may extend and be applied to bodies poi itic and ~orate, and to partnerships and other corporated associations. n [Emphasis supplied.] To apply the term "person" (as used 1n Section 329.040, RSMo) to local school districts is not "plainly repugnant to the intent of the legislature or to the contextu of the statute. The purpose of the statute is to protect the public health and safety through the regulation and supervision of cosmetology schools by the Soard of Cosmetology. There are dangers to public health and safety inherent in the practice of cosmetology. The cosmetologist works with chemicals and equipment on human subjects which in the hands of the untrained co~d cause serious inj ury or even death of the subject. Thus the legislature re- quires a school teaching the courses in cosmetology, hairdressing or manicuringa to have a licensed physician on t he staff; have qu&l.1fied i nstructors; offer the course of tz·ain1ng f or a cer- tain minimum number of hours; give practical instruc-tions in sanitation, ster1lizat1on, use of antiseptics, cosmetics and electrical appliances, as well as teach a course of study de- signed to qu~ify its students as cosmetologists, hairdressers or man1curia·cs. To supervise the school to dete:nnine if the statutes are complied with, and to regulate the field, the legis- lature c:res:ted the Board of CosmetolGgy, composed of experts - registered cosme·tologists. It is clear then that the purpose of the legislature in the use of the phrase "any personr' was to Mrs. Jaka.lme McBrayer -4- include all operators. of schools of cosmetology in the state whether 1nd1 vi duals, partnerships or local school districts. This intent is further evidenced by Section 329.050 (2) , RSYw, Supp. 1963, which requires that applicants for examination and registration must have served as an apprentice or "shall have had t he required time in a registered school" (emphasis supplied) • No applicant may be licensed Who was a student in an unregistered school, only students of registered schools or apprentices may be licensed. Thus for a student of a school of cosmetology operated by a school district to be eligible for a license to practice cosmetology, such school dist rict must have operated a registered school or else the student could not become licensed. For & person to receive a certificate of registration to operate a school, in addition to fUlfilling the other necessary r equisi tea of Chapter 329, RSMo, -it is necessary to pay an annual fee of one hundred twenty-five dallars. This provision applies t o all applicants for a school license • . The fact that the Board of CJosmetology and a local school district are both instrumentalities of the State of Missouri does not relieve the school district of the necessity of fulfilling this statutory requirement. Since the exercise of the state's police power is involved, this fee is not a tax on a school district but r ather a regulatory fee inci dental to the e.xercise ot the police power. The Supreme Court of Missouri has held in Kansas City v. School District of Kansas CitJJ Mo., 201 s.w. 2d 936, thit a re~latory fee i nc!den·tal to the exercise of a police power is not a tax, hence the city coul.d charge the school district a fee for buil ding inspection. Your second question regarded payment of a fee for a student license by students of a school of cosmetology operated by a l ocal school district. Students and apprentices are required by Section 329.070; RSMo, to register with the Board of Cosmetology and pay a regis- tration fee of one dollar • . Students of schools of cosmetology, hairdressing or manieuring operated by a local district are i n no differen·t position than students of schools operated by private individuals, thus they must pay the fee t o the Board of Cosme- tology. Mrs. Jaka11ne McBrayer -5- CONCWSION Therefore, it is the opinion of this office that: (1) A local school district that desires to operate a school of cosmetology, hairdressing or manicuring must apply for regis- tra·tion and pay the annual registration fee of one hundred twenty-five dollars to the Board of Cosmetology; {2) Students of such schools operated by local school districts must also be regis·tered and pay the fee for a student license to the Board of Cosmetology. 'l'he foregoing op1n1on, which I hereby approve, was prepared by my Assistant, Jeremiah D. Finnegan. Very truly yours, • Attorney General