New bill protects salons and spas

Cuomo has until October to sign legislation to criminalize hairdo-and-dash situations

When a customer skipped out on a $150 bill at Nuance — A Boutique Salon in Malta, the owner’s only recourse was to bring a case in small claims court.

Under existing state law, a person can be charged in New York with misdemeanor theft of services for not paying a taxi fare, getting free cable television and a variety of similar crimes, but the work of cosmetologists, barbers, estheticians and nail technicians isn’t covered.

“For whatever reason, this industry was left out,” said Todd Garofano, executive director of the state Association of Salon & Spa Professionals, which was launched in May and now has 200 members.

Legislation adopted during the final days of the legislative session in June and delivered to Gov. Andrew M. Cuomo on Thursday would close that loophole. The governor has until early October to sign or veto the bill.

It can be a shock for shop owners who expect law enforcement will bring a criminal prosecution, only to learn it falls on them to pursue a civil case in small claims court. It’s a different story if products are taken, which opens the door to petty larceny charges.

Hairdo-and-dash crime “happens more than you would think,” said Garofano.

“It usually involves a new client who comes in, has services completed and then claims to have forgotten their wallet and/ or credit card,” he said. “They promise to come back or call with the credit card, but have no intention to do so.”

The legislation is one of the first bills championed by the recently launched association, which advocates for priorities and provides members with access to continuing education, industry events, business tools and assistance navigating state rules and requirements.

Garofano, who co-owns Nuance with his wife, Holly, came up with the idea for the organization after hearing the daily barrage of concerns she raised. He was surprised to learn there wasn’t a statewide association she could turn to. (A previous incarnation folded years ago.)

One of the group’s priorities for the 2019 legislative session is a bill sponsored by Assemblywoman Carrie Woerner, D-round Lake, that requires cosmetologists and barbers to complete 36 hours of continuing education in order to renew their license.

The bill memorandum maintains continuing education is a key element of ensuring providers are keeping up with changes in their industry and offering safe services.