State regulations prevent salons from working outdoors during pandemic. That could change

There was a small glimmer of hope in Gov. Gavin Newsom’s announcement on Monday modifying the businesses able to operate in the counties on the state’s cornavirus watch list.

Yes, the order closed indoor operations at shopping malls, gyms, nail salons, barbershops and churches. But it seemed to allow for businesses to offer services outdoors — on patios and breezeways, on sidewalks and in parking lots — similar to the rules for restaurants and wineries.

For some businesses, even that hope was dashed when the state Board of Barbering and Cosmetology released a statement clarifying the order, saying “all barbering, cosmetology and electrology services must be performed inside a licensed establishment.”

State Assemblyman Jim Patterson, R-Fresno, is now calling for a fix from the governor.

“There was a lot of confusion,” he said during a news conference Thursday.

“The governor needs to clarify quickly, that outside means outside. The impact on these individuals has been cruel.”

An arbitrary and unfair restriction

Patterson, along with the Professional Beauty Federation, sent a formal letter to the governor on Thursday asking him to grant a temporary waiver that would allow salons to offer services outside.

The state board cited section 7317 of the Business and Professions Code and threatened the licenses of businesses that did not comply. In doing so, it is singling out these businesses arbitrarily and unfairly, Patterson said.

The governor needs “to do for the spas and barbershops what he did for those in restaurants.”

“ABC waived all kinds of regulations to make outside dining, patio dining work,” said Patterson, referring to the Alcohol Beverage Control rules for restaurants.

The code cited by the state cosmetology board doesn’t distinguish which kind of establishments, so Patterson’s proposed waiver would apply to all hair, skin and nail services. It would mostly include simple hair cuts, manicures and pedicures. And not every business would want — or have the ability — to operate outdoors, Patterson said. Especially in a place like Fresno, where temperatures are expected to be in the triple digits into next week.

“This may or may not work for everyone,” he said.

Fred Jones, legal counsel and lobbyist for the Professional Beauty Federation of California, said Patterson is giving the governor more credit than he deserves and that Newsom seems to be making decisions about business operations and safety guidelines without consulting the very state agencies that oversee industries.

And this is no small industry. The state has some 623,000 licensed individuals and 53,000 salons, barbershops and day spas. Most went three to four months with no income and were able to reopen only after spending hundreds, if not thousands of dollars in new equipment and installing safety protocols.

Then they were told they would have to close again. In some cases, those two things happened on the same day, Jones said.

“It’s been brutal.”

Equipped to handle safety protocols

Nellie Ontiveros shut down her Clovis hair salon March 18. When she reopened Charmed Hair Studio in late May, she was absolutely certain it was safe for her customers and staff.

That’s because cleanliness and sanitation is paramount for the state’s licensing board. It’s a majority of the training required to get licensed, Ontiveros said.

“You could cut the crookiest hair. They don’t care. They care how clean you are. It becomes habit,” she said.

She already had — and used — many of the cleaning products and protocols required by health officials to reopen because the licensing board does random spot checks at least once a year.

“We did everything possible to try to say safe. And it is possible,” she said.

Charmed Hair Studio is on Pollasky Avenue in a complex that would allow for outdoor service, either in the breezeways in front of the shop or the parking lot behind. Ontiveros said she would move operations outside if she could.

Salon owners at the news conference with Patterson said they know the pandemic isn’t going anywhere and that the public has been more than accepting of new safety protocols.

“It’s unfair that we don’t get to modify and innovate like other industries do,” said Jessie Santiago, a salon owner from Long Beach.

She’s hopeful for a quick and easy fix, because these regulations will simple force those in the industry to go underground.

“We want to do this legally and we want to do this right,” Santiago said. “But if you don’t let us, trust me, we will find a way to make money.”

This story was originally published July 16, 2020 at 2:30 PM.