City of Passaic, NJ General Provisions

§ 90A-1 Regulations made applicable by reference; enforcement; definitions.

N.J.S.A. 45:5B-1 et seq. (Cosmetology and Hairstyling Act of 1984), which statutes and regulations are attached hereto and made a part hereof, are applicable within the City of Passaic, subject to the limitations, qualifications and expansion set forth in this article.

Any law enforcement agency or its personnel and any administrative department in the City of Passaic may enforce this article.

Definitions. As used in this article, the following terms shall have the meanings indicated:

BARBER

Any person who engages in any of the practices encompassed in barbering.

BARBERING

Any one or combination of the following practices when done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the general public:

(1)

Shaving or trimming of the beard, mustache or other facial hair;

(2)

Shampooing, cutting, arranging, relaxing or styling of the hair;

(3)

Singeing or dyeing of the hair;

(4)

Applying cosmetic preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;

(5)

Massaging, cleansing or stimulating the face, neck or scalp with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or

(6)

Cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person.

COSMETOLOGIST-HAIRSTYLIST

Any person who engages in the practices encompassed in cosmetology and hairstyling.

COSMETOLOGY AND HAIRSTYLING

(1)

Shaving or trimming of the beard, mustache or other facial hair;

(2)

Shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling of the hair;

(3)

Singeing, dyeing, tinting, coloring, bleaching of the hair;

(4)

Applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck;

(5)

Massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances;

(6)

Removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;

(7)

Manicuring the fingernails, nail-sculpturing or pedicuring the toenails;

(8)

Cutting, fitting, coloring or styling of hairpieces or wigs to the extent that the services are being performed while the wig is being worn by a person; or

(9)

Hairweaving to the extent that the procedure does not involve the replacement of human hair by means of the insertion of any natural or synthetic fiber hair into the scalp.

MANICURING

Any one or combination of the following practices when done on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or when done without payment for the general public:

(1)

Manicuring of the fingernails;

(2)

Pedicuring of the toenails;

(3)

Nail sculpturing; or

(4)

Removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.

MANICURIST

A person who holds a limited license to engage in only the practice of manicuring.

§ 90A-2 Licensing and regulation; violations and penalties.

The procedure for licensing and regulation set forth in Chapter 177 of the Code of the City of Passaic (Licenses), as well as the penalties for noncompliance with this article, are applicable in the City of Passaic, subject to the following provisions:

No person shall use, operate or maintain any facility and/or premises for barbering, cosmetology-hairstyling and/or manicuring unless he or she first obtains a license from the City of Passaic in accordance herewith. No facilities and/or employees thereof shall perform any barbering, cosmetology-hairstyling and/or manicuring without first also obtaining all required licenses under N.J.S.A. 45:5B-1 et seq. (Cosmetology and Hairstyling Act of 1984).

All facilities and/or premises which are used, operated and/or maintained for barbering, cosmetology-hairstyling and/or manicuring shall pay the following fees to the City Clerk of the City of Passaic at the time of initial application for a license and at the time of the renewal thereof:

(1)

Initial application fee: $50.

(2)

License: $25.

All licenses issued hereunder shall be the property of the City of Passaic, and upon any suspension, revocation, refusal to renew or other termination of the license, such license shall no longer be in force and effect, and the person having possession or custody of the license shall forthwith deliver the same to the City Clerk of the City of Passaic either by personal delivery or by certified mail.

The penalty in any case in which the City of Passaic has the power to revoke, refuse to renew or suspend the license of any facility or premises used, operated and/or maintained for the purpose of barbering, cosmetology-hairstyling and/or manicuring shall be as set forth in § 1-3, the general penalty provision, of the Code of the City of Passaic for the owner of the facility or one who has a controlling interest in such facility.

Records.

(1)

In addition to any recordkeeping requirements set forth in the pertinent sections of N.J.S.A. 45:5B-1 et seq. made a part hereof, each holder of a license shall maintain the following records: the names, addresses, dates of birth and social security numbers of all owners, persons who have a controlling interest in the facility and employees of the facility.

(2)

All such records shall be updated as soon as any of the information kept or required to be kept herein changes.

(3)

Upon demand by any official of the City of Passaic, including but not limited to any law enforcement agency or personnel thereof, such information set forth in § 90A-2E shall be made available to such official(s) of the City of Passaic. If any employee or licensee or person having a controlling interest fails to comply with this subsection of the article, such failure shall be deemed cause to suspend or revoke a license hereunder or to refuse to issue or to issue a renewal thereof and shall subject the owner of such facility and all persons with a controlling interest therein to the penalty section for such violation.

Each licensee or owner and all persons with a controlling interest in such facility and/or premises used, operated and/or maintained for barbering, cosmetology-hairstyling and/or manicuring shall be deemed to have consented to permit any official of the City of Passaic, after the furnishing of proper identification, to inspect all records required to be maintained herein and to inspect all areas of the facility, whether or not open to the public. All such inspections shall be conducted at reasonable times during business hours, except in an emergency.

The applicant shall submit a copy of a valid certificate of occupancy for the premises with the completed application for a new or renewal license and/or permit.

All licenses issued hereunder shall be subject to the following hours of operation: 7:00 a.m. through 11:00 p.m., Monday to Saturday; 7:00 a.m. through 6:00 p.m., Sunday.

§ 90A-3 Licenses to be placed in conspicuous location.

All licenses issued hereunder shall be placed in a conspicuous place on the licensed premises so that they are easily accessible to the public.

§ 90A-4 Clear view of premises required during nonbusiness hours.

During the hours of operation that any facility and/or premises used, operated and/or maintained for barbering, cosmetology-hairstyling and/or manicuring are required, by the provisions of this chapter, to be closed, all such facilities and/or premises used, operated and/or maintained for barbering, cosmetology-hairstyling and/or manicuring shall be open to public view from the public street or public thoroughfare. During such period of time, a full view of the interior of such premises from the public street shall not be obstructed by the use of nontransparent glass or any shade, blind, shutter, screen, partition, curtain or any other article placed within or without the barbershop premises.

§ 90A-5 Duration of license.

All licenses issued hereunder shall run from October 1 of the calendar year of issuance and shall expire on September 30 of the succeeding calendar year.