O.C.G.A.

O.C.G.A. § 43-10-16 (2019)

Injunction against unlicensed or unregistered practice

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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.

Annotations

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.

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Goldstein, Garber & Salama, LLC v. J. B., 779 S.E.2d 484 (Ga. Ct. App. 2015).
Goldstein, Garber & Salama, LLC v. J. B., 779 S.E.2d 484 (Ga. Ct. App. 2015). · cites it 2× “See OCGA § 43-10-16 (providing actions to enjoin practice by unlicensed or unregistered barbers or cosmetologists, and containing the very same declaration that “the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.