ARIZONA Rev. Code Ann. (Supp., 1936), amended by L. 1939, c. 38 Section 2599 (w) creates a state board of barber examiners consisting of three members appointed by the Governor. Section 2599 (z) 2 provides that the board shall have authority to make all reasonable rules and regulations for the administration of this article and to prescribe any sanitary requirements in addition to those specified herein, in aid or in furtherance of the provisions of this article. Section 20 (a) added by chapter 38 of 1939 session laws provides: (a) The board shall have power to establish minimum prices to be charged for barbering, subject to conditions hereinafter prescribed. (b) Upon receipt of an application and agreement signed by not less than 75 percent of the registered barbers in any district, to establish minimum prices for barbering therein, the board shall set a hearing. Notice of the date and place of such hearing shall be given by the secretary, by registered mail, to every registered barber in such district not less than 10 days prior thereto. The board shall, prior to the hearing, investigate the conditions in such district. At the hearing every barber or other person affected by the proposed agreement may testify or present arguments. After the hearing and investigation, the board may approve or disapprove the agreement as submitted or recommend such changes therein as it may deem proper, including a change of the boundaries of the district, and shall issue an appropriate order. Thereafter, no barber, hair cutter, or apprentice in the district shall charge or collect any price less than that ordered by the board for any barbering work. (c) The board, upon its own initiative or upon application of 75 percent of the registered barbers affected, may order a new investigation and hearing regarding the minimum prices theretofore established in the district. Such hearing, and any order issued pursuant thereto, shall be subject to the provisions of this section. (d) In establishing minimum prices for any district, the board shall consider only: (1) reasonableness of the proposed prices; (2) local conditions affecting the relation of the barbering industry to the public health and safety; (3) minimum prices required to provide sanitary services and appliances necessary to minimize danger to public health, and, (4) costs necessarily incurred in such district in maintaining a barber shop in an healthful and sanitary condition. (e) In this Act, unless the context otherwise requires, "district" means any city, town, or village, or any clearly defined, contiguous portion thereof or territory in addition thereto, in which two or more barber shops are located. Section 20 (b) added by chapter 38 of 1939 session laws provides that any person aggrieved by order of the board establishing minimum prices for barbering in any district may appeal therefrom within 20 days after the order complained of by filing notice of the appeal with the clerk of the superior court of the county in which such district is located. Section 2599 (s) as amended by chapter 38, session laws of 1939, provides that the board shall refuse to issue or renew, or shall suspend or revoke a certificate for the violation of any of the provisions of this act and for a violation of a lawful order of the board regulating the minimum prices to be charged by the registrant. Section 2599 (v) provides that the violation of any of the provisions of this act shall constitute a misdemeanor, punishable upon conviction by a fine of not less than $25.00 no more than $200.00, or by imprisonment not to exceed 30 days, or both. CALIFORNIA Gen. Laws (Deering, 1937) Act 8784 provides that city governments are empowered to establish codes of fair competition on application of 65 percent of the persons engaged in a service trade or industry, including barber shops, beauty shops, cleaning and dyeing plants, rug cleaning plants, and hat renovating establishments, to the governing body of such city or county. Each code shall contain such fair trade practice provisions as conditions in the industry may require. Violations of any such provisions shall constitute a misdemeanor and persons violating may be enjoined from continuing or threatening to continue such violations. In instituting proceedings for a restraining order, actual damages to the plaintiff need not be alleged or proved. Plaintiff, however, may recover damages actually sustained.2 'An ordinance of city of Bakersfield establishing a code of fair competition for barbers, fixing minimum prices pursuant to statute was held invalid as not being a proper exercise of police power in promoting the "general welfare." The trade of barbers is not "affected with public interest or clothed with a public use." Ex parte Kazas, 22 Cal. App. (2d) 161, 70 Pac. (2d) 962 (1937). 210235-40-vol. 235 COLORADO Stat. Ann. (Michie, Supp., 1939), c. 36 A Section 1 provides that the industrial commission is given power to regulate the dry cleaning and dyeing industry in the State of Colorado. Section 7-1 and 2 provide for the creation of a State administrative board of eleven members, six of whom are elected by the members of the six trade areas, one executive chosen by these six members, and four labor commissioners appointed by the industrial commission. Section 7-3 empowers the board, under rules and regulations laid down by the industrial commission, to control and regulate the cleaning and dyeing trade in the State of Colorado. Section 10 empowers the industrial commission to make all rules and regulations, orders, findings, and approvals as are deemed necessary to effectuate the purposes of this act.3 Section 7-3 (e) empowers the State administrative board (1) To make investigations and surveys in this State relative to determining the fair and reasonable average cost for performing the various services regularly performed by cleaning and dyeing establishments; to submit all findings together with a schedule of minimum retail and wholesale prices based upon such fair and reasonable average costs to the Industrial Commission for approval, and, when approved, said minimum retail and wholesale prices shall be binding on every member of the trade within this State, in that no member of the trade shall sell or offer to sell any of the services included in such minimum price schedule at a price which is lower than the fair and reasonable average cost as established and approved in the minimum price schedule. (2) It is specifically provided that such minimum prices shall not constitute maximum or highest prices, but, to the contrary, shall constitute the lowest prices, as determined by the fair and reasonable average cost in this State, which can be charged for such services and yet be sufficient to enable the member of the trade (a) to maintain and meet the payment of wages; (b) to maintain minimum standards of quality; (c) to furnish stable employment necessary to maintain 'An injunction was granted restraining the defendant from violation of L. 1937, pp. 425, 429, Stat. Ann. (Michie, Supp. 1939), c. 36A, supra, requiring cleaners and dryers to charge not less than minimum retail prices established by the industrial commission. The constitutionality of the act was not determined since that issue was not sufficiently raised by the pleadings. People ex rel. Rogers v. Barksdale, 87 Pac. (2d) 755 (1939). the trade and further the relief and reduction of unemployment within the industry; and (d) to operate their businesses on a reasonable and average cost basis, including the amount necessary to yield a reasonable return. (3) The fair and reasonable average cost shall be determined in the following manner: All expenses incurred in the operation and performance of the various services regularly performed by cleaning and dyeing establishments in this state must be considered, including, but not by way of limitation where other expenses exist, every item of expense or cost as set forth in the uniform cost system to be established by virtue of subsection (3) (i) of this section. Such uniform cost reports properly filled in and submitted by the members of the trade shall be used in determining the fair and reasonable average cost. (4) Any state minimum prices thus established may from time to time be increased or decreased by the Industrial Commission according to changing conditions as evidenced from compilations of information derived from the uniform cost system; it is specifically provided that where the state minimum prices are too low to meet conditions existing in any particular trade area, the local administrative agency of such trade area may petition the State administrative board for such revisions of minimum prices as evidence will substantiate, and when approved by the industrial commission, such minimum prices shall be the effective minimum prices for such trade area. (5) Immediately after such minimum prices, increases, or decreases have been approved by the Industrial Commission, the State Administrative Board shall take such steps as are reasonably calculated to notify all members of the trade thereof, and such minimum prices shall become effective upon such date as the Industrial Commission shall fix. (6) It shall prescribe a simple, uniform system of cost accounting, for all cleaning and dyeing establishments in this State, designed to reveal costs incidental to the operation of each establishment; such system shall include, but not by way of limitation, such items as all production costs, all selling and distribution costs, and all office and administrative costs, together with the usual and necessary breakdown of such items into their component items and parts; all members of the trade shall make reports of costs according to such uniform system and within such time as may be required by the State administrative board. Section 8 declares the following to be unfair trade practices: (1) Advertising which announces or lays claim to a policy or con tinuing practice on the part of the advertiser of generally or regularly underselling competitors. (2) Representation of any prices or credit term as "special" when they are, in fact, the regular prices or credit terms of the person so representing; also, the creation of the implication that quoted prices apply to completely finished work when in fact they apply to only partially finished work; also, representation or implication, in any manner whatsoever, that the "cash and carry" minimum price is the "call for and delivery" minimum price. (3) The sale or offer to sell of any service performed by cleaning and dyeing establishments at less than the minimum price established and approved for such service under the provisions of this chapter; also, the sale, or offer to sell, of any such service in, or for delivery to, or for resale in, any trade area at less than the minimum wholesale or retail price, as the case may be, for such service, as established and approved for such trade area under the provisions of this chapter. Unfair merchandising devices are declared to be: (a) Furnishing free work to anyone except a bona fide charity. (b) Furnishing free storage to customers. (c) Payment of a commission or any other consideration to anyone not a member of the trade or regularly employed by a member of the trade, for the solicitation or procuring of cleaning service: Provided, however, That a maximum of ten percent commission may be paid to bona fide clubs or hotels. (d) Use of premium, coupon books, and trading stamps in ways which involve commercial bribery in any form: Provided, however, That there shall be no discounts or rebates other than as specifically set forth herein. (e) The secret payment or allowance to any customer, or to any employee of a customer, of rebates, refunds, remissions of past indebtedness, commissions or discounts, whether in the form of money or otherwise, including extension to particular customers of special services or priviliges, false invoicing, and rebates under the guise of allowance for lost, misplaced, or damaged articles. (f) Advertising, offering to sell, or selling more than one article for a bulk price of less than the aggregate of the prices of the several articles when sold separately. Section 9 (3) provides that the attorney general or any district attorney may institute suits to prevent or restrain any violation of any provision of this chapter. Section 9 (2) provides that any person who violates any provision of this chapter or any rule or regulation of the commission, shall be guilty of a misdemeanor and punished by a fine not to exceed $500. |