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Old 06-10-2009, 06:39 PM   #1 (permalink)
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Please Help!! Spray Tanning & State Laws

I am currently transitioning from a mobile business to opening a store and thankfully have been doing my homework.... making sure that the services I offer are within the state guidelines before I get my esthetician license.

Could someone please assist me in understanding the laws....

What I have been told by cosmetologist friends is this:

NY State I can NOT offer spa treatments on clients skin such as ph normalizing spray etc.... what I have to do is have them wipe themselves with the spray and towel... Once I get my license I can then go ahead and offer spa treatments and do exfoliating body treatments.... but I am legally able to to apply makeup and lotions etc....

Can someone help me in understanding all of this? So I don't open up shop and have a State official come in and give me ****? I actually just got my quote for business liability insurance and my broker said i would have never been approved for this for NY state if I was opening a UV tanning salon, but since I am opening a retail store selling cosmetics im within the guidelines of acceptable?


sorry for going on ... My head is spinning and Im trying to get all my ducks in a row before my grand opening in July.

Just need some clarification from some of you experts in this..


Much Appreciated

kgg

Last edited by kggonline; 06-10-2009 at 06:46 PM.
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Old 06-10-2009, 09:12 PM   #2 (permalink)
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Wink Re: Please Help!! Spray Tanning & State Laws

The most common mistake people make in business is not going to the source of the laws, rules, and regulations. If you are worried about the department of cosmetology/barbering, contact them, and their regulations and what they control should be posted on the official New York State government's website.

Anything that they oversee will not change regarding you as a mobile tanner or in a physical location. Most states allow you to sell and apply makeup for the purpose of selling it (such as those who work in department stores) as a non-cosmetologist/esti, but when you start to charge for the application process itself is when having a license comes into play.

Your best bet is to contact SCORE, as this is obviously the first business you have opened, they can be found at score.org and will help you plan your business for free and help you check for regulations. Most of my students use them to assist and aid in the planning process especially when it comes to local governments.

Your insurance company that covers you for mobile service, should be able to cover you for a store front, if not check with insurtec - as airbrush tanning insurance is one of their specialties...especially mobile airbrush tanning.

oh yeah...and to answer your question on the other boards about quieting your machine...it's one of my guys that does it...
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Old 06-10-2009, 09:16 PM   #3 (permalink)
 
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Re: Please Help!! Spray Tanning & State Laws

So what exactly are you doing now? Opening a cosmetic store or are you applying sunless tans in the store?

Not sure on New York laws , but a word of advice, rent is going to be a HUGE factor as far as overhead. This is a big commitment, so just think about it. Wish you all the success but trust me, its not just rent its phone + electricity + nnn taxes, building maintainence, a sign, etc.

Just an FYI, my new location opened up in march, I paid 2k for a sign, the builout was expensive as ****, deposit for the electricty, internet (modem upfront) , phone line, trust me, there are going to be crazy expenses.

I would highly think the situation over. Highly. I don't want you to fall into the "oh I think I can make a million dollars in spray tanning" category or the people who own "studios" inside of salons/spas. Any brick and mortor business is going to be very difficult. You are opening up in July (much as I did back in 08), trust me, people have allready found thier tanning for the summer by june at the latest. Whatever you think your numbers are or will be/ HALF THEM. And then half that. Thats what the numbers will really be.

Once again, offer friendly advice. I've always been a big risk, big reward persn. On top of that, I'm effing crazy balls the wall kinda guy. Good luck.

Frank out.
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Old 06-10-2009, 09:20 PM   #4 (permalink)
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Re: Please Help!! Spray Tanning & State Laws

and you are doing marvelous frank!
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Old 06-10-2009, 09:56 PM   #5 (permalink)
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Re: Please Help!! Spray Tanning & State Laws

Thanks so much Kelly and Frank for the advice.

I really appreciate it... The local score location is literally .75 miles from my home so I will be calling them tomorrow as well as the State Board. My insurance broker told me today that I couldnt get insurance in NY if I was a UV salon and adding spray tanning (I know laws have changed here in ny recently ... minors can no longer uv tan)..but with respect to switching from mobile to storefront no issue....and it was like half the mobile premium too. I just want to make sure when I open my shop that I wont get headaches after doing all this work and being forced to shut down ya know?


With respect to my decision to open my location, I honestly don't have the time anymore to go from client to client. I need a central location to be able to service all my clients. I have asked for feedback and most have said they would like to go to my shop if i had one... I also received feedback from other local merchants in my town and all have said that I would do excellent and were intrigued by the whole sunless tanning ... there is only one other spray tanner in the area who is 15 miles away working out of a uv tanning salon in a gym who offers 'free face spray tans'....

The town is very new england peyton placesque...the storefront is located between a bridal shop and a florist (i mean id be an idiot not to take a stab at making an offer) the building is gorgeous an historic landmark dating back to the revolutionary war

Im unfortunately becoming very aware of the cost of opening a biz...but Im blessed with a well paid career that has enabled me to add cash into my biz. Im also lucky to have found a small quaint storefront that is less than a mile from my home and is very reasonably priced. The most awesome part of the financial aspect of my budget is the fact that I just paid off my car and also paid off credit card debt (so now I do not have any more personal debt) ...
the cost for the monthly lease of the storefront will be less than car payment and credit card payments I now will not have :) I actually spoke to the person who leased the same storefront space for 15+ years (talk about small town :P )...and the average electric monthly is 75.00 phone/internet/tv triple play LOL $89.00

Print advertising I do by myself (I work in IT full time and am pretty good at graphic design so that's saved me thousands)

Again... thanks so much for the advice and insightful information I truly appreciate it!

-Kathy
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Old 06-10-2009, 10:00 PM   #6 (permalink)
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Re: Please Help!! Spray Tanning & State Laws

Maybe you will remember that the next time you try and take a stab at my knowledge and professionalism.
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Old 06-10-2009, 10:07 PM   #7 (permalink)
 
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Re: Please Help!! Spray Tanning & State Laws

Congrats Kathy! Your location sounds great to me. You should do well in between a flower shop and bridal shop. Do you have a window with a street view to attract customers for jewelry or pocketbooks as well? These items do help to pay the bills! :)
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Old 06-10-2009, 10:08 PM   #8 (permalink)
 
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Re: Please Help!! Spray Tanning & State Laws

Very nice and honest advice Frank :)
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Old 06-10-2009, 10:15 PM   #9 (permalink)
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Re: Please Help!! Spray Tanning & State Laws

Quote:
Originally Posted by sonomatanning View Post
Maybe you will remember that the next time you try and take a stab at my knowledge and professionalism.
Kelly

I never took a stab at your knowledge. I took a stab at what I viewed, and many others on this board viewed, as a skillful way spamming/selling your services within thread postings.

I really don't want to get into an argument about this issue. As you're not the only vendor on here that has done similar types of postings.

I thank you again for your insightful information, which is the core reason why we are all here....

'tantalk.com a tanning salon business owners community ....' to share information and network with other professionals....

best
kathy
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Old 06-10-2009, 10:16 PM   #10 (permalink)
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Re: Please Help!! Spray Tanning & State Laws

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Originally Posted by eileen View Post
Congrats Kathy! Your location sounds great to me. You should do well in between a flower shop and bridal shop. Do you have a window with a street view to attract customers for jewelry or pocketbooks as well? These items do help to pay the bills! :)
OMG! OMG! OMG!

Ill send you pics (busting at the seams here)
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