[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 4-17-1968 by Ord. No. 997; amended in its entirety 2-16-2005 by Ord. No. 2/05. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
License Department — See Ch. 59.
[1]
Editor's Note: The title of this chapter, which was formerly
Barbershops, was amended 9-4-2019 by Ord. No. 15/19.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place wherein any person, firm or corporation represents
to the public that the person, firm or corporation is engaged in the
occupation or business of shaving, clipping, cutting, shampooing or
trimming of hair and/or the massaging of the faces or scalps of the
patrons thereof.
Any place wherein any person, firm or corporation represents
to the public that the person, firm or corporation is engaged in the
occupation or business of waxing, clipping, cutting, dyeing, shampooing,
threading or trimming of hair and/or massaging of the faces or scalps
of the patrons thereof.
[Amended 6-22-2016 by Ord. No. 10/16]
Any place wherein any person, firm or corporation represents
to the public that the said person, firm or corporation is engaged
in the occupation or business of clipping and styling nails of the
hands and feet.
Any person, firm or corporation.
A.
It shall be unlawful to operate any barbershop, beauty and nail salon in the Town of West New York, County of Hudson, without first obtaining a license therefor. The owner of a barbershop, beauty and nail salon desiring a license shall make written application to the Board of Commissioners or assigned representative of the Town of West New York or its representatives, setting forth the name of the applicant, the location of the places sought to be licensed, whether or not the applicant is registered by the New Jersey State Department of Health and any other facts which the Board of Commissioners or assigned representative of the Town may consider pertinent. Each such application shall be forthwith transmitted to the Board of Commissioners of the Town or assigned representatives for investigation, and the Board of Commissioners shall, within seven days thereafter, endorse its approval or disapproval on the application. Upon approval by the Board of Commissioners, the license to operate a barbershop, beauty and/or nail salon shall be issued by the Board of Commissioners of the Town. There shall be paid for each license a fee, as established by Chapter 186, Article II, Health Department Fees, which sum shall accompany the application and be returned if the license is not granted.
B.
Any application which fails to conform or to comply
with the requirements of this chapter or which contains any misrepresentations
shall constitute sufficient grounds for the denial of the application;
and any license which may be issued upon any misrepresentation contained
in the application shall be subject to suspension or revocation in
addition to penalties hereinafter mentioned.
C.
Each such license shall become effective on the first
day of June of each year and shall be renewed annually.
D.
Any person who shaves, clips, cuts, shampoos or trims hair and/or
massages faces or scalps in a barbershop; any person who waxes, clips,
cuts, dyes, shampoos, threads or trims hair and/or massages faces
or scalps in a beauty salon; any person who clips and/or styles nails
of the hands or feet in a nail salon shall apply for a license on
an annual basis, and the fee for said license shall be $50.
[Amended 6-22-2016 by Ord. No. 10/16]
No person shall be in charge of or operating
a barbershop, beauty and/or nail salon, or be employed therein, if
said person is suffering from any venereal disease, tuberculosis or
any other infectious, contagious or communicable disease.
Every owner of a barbershop, beauty and/or nail
salon, upon request of the Board of Commissioners or approved representatives,
shall furnish to the Board of Commissioners or its representatives
the name and address of any person, firm or corporation supplying
linens, towels or equipment used in said barbershop, beauty and nail
salon for the purpose of enabling the Board of Commissioners or approved
representatives to examine the sanitary and hygienic conditions under
which said materials are handled.
It shall be unlawful for any person employed
in a barbershop, beauty and/or nail salon to shave any person or perform
any barbering service when the area to be shaved or otherwise treated
is inflamed, or contains pus, or in any way gives indication of the
possibility of communicating or spreading disease, unless such person
is provided with his own equipment or apparatus for the rendition
of the barbering service required and such personally provided equipment
only shall be used.
It shall be unlawful to wash or dry in the licensed
premises any towels used in barbering, or to use any towel or washcloth
which has not been properly laundered subsequent to its last use on
any other person, and it shall be unlawful to use covering cloths
on more than one person successively, except when either a clean towel
or paper neck piece is applied next to the skin between such covering
cloth and the skin, to prevent contact of the skin with such covering
cloth.
Every barbershop, beauty and/or nail salon shall
contain hot and cold running water.
All shaving brushes, razors, scissors, clipping
machines, pincers, needles and any other instrument or equipment used
in a barbershop, beauty and/or nail salon upon the person of any customer,
or otherwise, shall be sterilized before usage. Any material or medication
used to stop the flow of blood, or otherwise to be applied in treatment
of facial or skin injury, shall be of a safe character and shall be
applied in a sterile manner.
No part of the premises used as a barbershop,
beauty and/or nail salon shall be occupied or used or furnished for
sleeping quarters, and rooms in the rear or to the side of a barbershop,
beauty and/or nail salon, which may be used as living quarters, shall
be separated from the barbershop by a permanent partition extending
from ceiling to floor, and any door leading thereto shall be kept
closed at all times, except as used for ingress and egress.
All barbershops shall have a sign not less than
18 inches wide by 16 inches long on which shall be prominently stated
the hours hereinafter mentioned during which said barbershops shall
be open. The sign shall be displayed in such a manner that all persons
frequenting the barbershop shall have an unobstructed view thereof.
[Amended 9-4-2019 by Ord. No. 15/19]
A.
It shall
be unlawful for any barbershop, beauty and/or nail salon in the Town
of West New York to be operated or to be kept open except on Monday
through Friday, from 9:00 a.m. to 8:00 p.m., and on Saturday and Sunday,
from 9:00 a.m. to 7:00 p.m.. However, if a patron has entered before
the closing hour to receive services in said barbershop, beauty and/or
nail salon, it may be permissible to conclude such service beyond
closing time, but, in any event, the barbershop, beauty and/or nail
salon shall cease operation and be closed during the week by 9:00
p.m. and on Saturday and Sunday by 8:00 p.m.
B.
Extended hours for barbershops, beauty and/or nail salons may be permitted in the Town of West New York upon application to the Licensing Department (application to be provided by the Licensing Department) along with the payment of a $50 application fee (see Chapter 186) to operate or be kept open on Monday through Thursday, from 9:00 a.m. to 8:00 p.m., and on Friday, Saturday and Sunday, from 9:00 a.m. to 9:00 p.m. The Licensing Department shall consider any history of complaints made to the Town and/or violations of Town ordinances against the establishment. If the extended hours application is granted, a special permit (the extended hours permit) will be provided, and the establishment must exhibit the permit at all times where they would also exhibit their other necessary permits for operation. However, if a patron has entered before the closing hour to receive services in said barbershop, beauty and/or nail salon, it may be permissible to conclude such service beyond closing time, but, in any event, the barbershop, beauty and/or nail salon shall cease operation and be closed during the week (Monday through Thursday) at 9:00 p.m. and on Friday, Saturday, and Sunday at 10:00 p.m.
C.
The Town
may revoke the extended hours permit upon written notification to
the establishment owner stating the reason for same.
D.
An application
for the extended hours permit may be applied for at any time in the
permitting year, and shall be valid only during that licensing year.
Renewal applications must be made, and will be considered, every year.
It shall be unlawful for any person to act as
an itinerant barber and solicit or perform barbering work by going
from house to house. The provisions of this section, with respect
to performing barbering services away from the licensed premises,
shall not be deemed to apply to licensed owners of barbershops or
their employees, licensed as above required, called upon to render
barbering service to a customer or patron outside the barbershop,
who, because of illness or for other good reason, is unable to come
to said barbershop.
A.
The Board of Commissioners or approved representatives
shall, at all times, have the power to inspect licensed premises.
B.
There shall be no amusement games or devices on the
premises.
C.
Each barbershop, beauty and/or nail salon shall have
an unobstructed view of the premises; approved decorations will be
allowed.
All licenses must be exhibited by owners and
employees.
In the event that any applicant for a license
shall have been refused a license or in the event that any licensee
shall have had his license revoked or suspended, said person shall
have the right and privilege to appeal from such refusal to grant
a license or suspension or revocation of a license to the Board of
Commissioners of the Town of West New York; provided, however, that
not less than five days' written notice of such appeal shall have
been served upon the Board of Commissioners, either in person or by
registered mail, return receipt requested, and a date of hearing before
the Board of Commissioners shall be fixed no later than 30 days after
the receipt of said notice of appeal. Thereupon, the Board of Commissioners
shall notify said person of the place, date and time of hearing.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalties provided for in Chapter 1, General Provisions, Article I. Each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
