The board may bring an action to enjoin any person from engaging in barbering or the practice or the occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II if such person without being licensed to do so by the board engages in or practices barbering or the practice or occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II. The action shall be brought in the county in which such individual resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person so engaging or practicing in barbering or the practice or occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II is licensed, the injunction shall be issued, and such person shall be perpetually enjoined from engaging or practicing in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare.
(Ga. L. 1967, p. 727, § 3; Ga. L. 2000, p. 814, § 1; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 7/SB 461.)
The 2015 amendment, effective July 1, 2015, in the first sentence, inserted "barbering or" twice, and substituted "a cosmetologist if such person without" for "cosmetology if such person, firm, or corporation, without"; and, in the second sentence, substituted "individual" for "person" near the beginning, substituted "in barbering or the practice of a cosmetologist" for "cosmetology" and deleted "firm, or corporation" preceding "shall be perpetually" near the middle, and inserted "or practicing" near the end.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of the first sentence for the former first sentence, which read: "The board may bring an action to enjoin any person, firm, or corporation from engaging in barbering or the occupation of a cosmetologist if such person without being licensed or registered to do so by the board, engages in or practices barbering or the occupation of cosmetology."; in the second sentence, deleted ", firm, or corporation" following "such person" near the middle, inserted "or occupation", inserted ", hair designer, esthetician, nail technician, master barber, or barber II", deleted "or registered" following "is licensed" and deleted the comma following "such person" in the middle.
RESEARCH REFERENCES
Am. Jur. 2d.
- 42 Am. Jur. 2d, Injunctions, § 145.
C.J.S.- 43A C.J.S., Injunctions, § 266. 66 C.J.S., Nuisances, § 154 et seq.