§ 43-04-49 — Deceptive acts - Barber poles

A person may not advertise, hold out to the public, or represent in any manner that the
person is authorized to practice barbering unless the person is authorized under this chapter to
practice barbering or authorized to employ or lease space to a barber. A person not authorized
to practice barbering or not authorized to employ or lease space to a barber may not place a
barber pole in a location that would create or tend to create the impression to members of the
general public that a business located near the barber pole is a barbershop unless the location
of the barber pole is related to a business authorized to operate a barbershop. As used in this

section, barber pole means a red, white, or blue striped vertical cylinder with a ball located on
the top, bottom, or top and bottom of the cylinder, or any object or facsimile of similar nature,
regardless of the actual shape or coloring, if the object or facsimile would tend to create an
impression to members of the general public that a business located near the object is a
barbershop.