Establishment spaces - Lease of space to certain persons.

32-03-01-10.1. Establishment spaces - Lease of space to certain persons. 1. Except as otherwise provided, if the owner of an establishment leases space at the owner's establishment to a person to engage in an activity that is not under the jurisdiction of the board, including tattooing, body piercing and massage therapy, the leased space must: a. Be separated from the establishment by surrounding walls and a door that can be locked or on a floor different from which cosmetology services are performed; b. Have sufficient signage to avoid creating the impression that the space is a part of the cosmetology establishment. 4 2. Each such professional must remain under the jurisdiction of the regulatory body which governs licensees profession and remains subject to applicable laws and rules and will post and maintain proper licensing from that regulatory body. 3. A barber remains under the jurisdiction of the North Dakota board of barber examiners and remains subject to applicable laws and rules. Space leased to a barber does not need to be separated from the establishment by surrounding walls or a locking door. 4. Spaces leased may share entrances, exits, reception seating, bathroom, breakroom, and laundry facilities. 5. The establishment owner is responsible to ensure any lessee maintains proper, active licensure with the lessee's respective regulatory body. History: Effective January 1, 2026. General Authority: NDCC 43-11-05 Law Implemented: NDCC 43-11-15