Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Secaucus 4-16-01 as Ord. No. BOH 2001-1. Amendments noted where applicable.]
[Amended by the Governing Body 2-22-11 by Ord. No. 2011-3]
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE PARLORS
Any business offering the activity of structured touch which includes holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, body work or somatic principals. Such application may include the use of therapy such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing miofascial movement, self-care and stress management as it relates to massage, body work and somatic therapies. Massage, body work and somatic therapy practices are designed to affect the energetic systems of the body for the purpose of promoting and maintaining the health and well being of the client. Massage, body work and somatic therapies will not include the diagnosis or treatment of illness, disease, impairment or disability.
[Amended 2-22-11 by Ord. No. 2011-3; BOH 2013-1]
A. 
Required. It shall be unlawful to operate any barber-shop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor in the Town of Secaucus, County of Hudson, State of New Jersey, without first obtaining a license therefor as required and provided for in this chapter.
B. 
Compliance; misrepresentation. 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 with an intentional misrepresentation contained in the application shall be subject to suspension or revocation in addition to penalties hereinafter mentioned.
C. 
Terms. Each such license shall become effective January 1 of any given year and will be renewable by mail annually.
D. 
Annual fee. Annual fee is due with application and will be required to be paid January 31 of any given year after. All annual fees are $20 with the exception of the following:
[Amended by the Governing Body 3-8-11 by Ord. No. 2011-5]
(1) 
Salon (Nail, Hair and Barbershops): $75.
(2) 
Tanning Salon: $50.
(3) 
Tattoo Parlor: $150.
(4) 
Massage Parlors. The applicant shall pay a $50 fee upon filing an initial application for the operation of a business engaged in providing massage therapy services and any individual applicant (as opposed to a business entity) who wishes to be licensed for massage therapy purposed under this chapter shall pay an initial application fee of $20. All licenses shall be valid for a period one year. All provisions of this chapter, including the requirement of filing fees, shall apply to renewals in the same manner as they apply to applications for initial licenses.
[Added by the Governing Body 2-22-11 by Ord. No. 2011-3]
E. 
Nontransferable. These licenses are not transferable.
F. 
Lists of suppliers. Every owner of a barber shop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor upon request of the Board of Health shall furnish to the Board of Health the names and addresses of any person, firm or corporation supplying them with any item that is used in its establishment for the purpose of enabling the Board of Health to examine the sanitary and hygienic conditions under which said materials are handled.
G. 
Water supply. Every barbershop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor upon request of the Board of Health shall contain hot and cold running water.
H. 
Sterilization of equipment and instruments, use of medication. All shaving brushes, razors, scissors, clipping machines, pincers needles, nail clippers, combs, brushes and any other instrument or equipment used in a barbershop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning 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 applied in treatment of facial or skin injury shall be of safe character and shall be applied in a sterile manner and be properly disposed.
[Amended by the Governing Body 2-22-11 by Ord. No. 2011-3]
I. 
Use of linen. It shall be unlawful to wash or dry in the licensed premises any towels that were used or that have come into contact with a patron. It shall be unlawful to use covering cloths on more than one person successively, except when either a clean towel or a paper neck is applied next to the skin between each covering cloth and the skin to prevent contact of the skin with such covering cloth.
J. 
Separation of living quarters. No part of the premises used as a barbershop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor shall be occupied or used or furnished for sleeping quarters and rooms in the rear or to the side of the premises 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.
K. 
Sign stating hours of operation, required. All barber-shop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor shall have a sign not less than 18 inches wide by 16 inches long on which shall be prominently stated the hours of the premises. The said sign shall be displayed in such a manner that all persons frequenting the said location shall have an unobstructed view thereof.
L. 
Inspections; reinspection fee. The Health Officer or his/her designee shall enter said premises at any time with no advance warning. The premises must be inspection ready at all times. The Health Officer, Public Health Investigator, Secaucus Police Department are the other authorities that may enter said premises for complaints or general inquiries. All findings will be reported to the Health Officer as soon as possible.
Each barbershop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, massage parlor will be inspected at least one time annually, where a certificate of inspection (pass or fail) will be posted. This certificate must be posted in clear view of all patrons entering said locations.
At which time an inspection is made and it is found to be of unsatisfactory condition it will put the said location on notice and schedule a reinspection and a reinspection fee of $40 will be charged.
M. 
Licenses must be displayed. All licenses issued by the Board of Health must be posted and available to all patrons entering said location. In the locations where there is additional licensing (by the State of New Jersey), all individual licenses of operators and owners must be posted at the said premises and must be valid. (The personal information that is on the license may be blocked out, but must be accessible to the inspecting individual.)
N. 
Appeals. In the event that any applicant for a license shall have been refused a license or in the event that any license shall have had his/her license revoked or suspended by the Health Officer, said person shall have the right and privilege to appeal from such refusal to grant license or suspension or revocation of license to the Board of Health of the Town of Secaucus provided however that not less than 14 days written notice of such appeal shall have been served upon the Board of Health either in person or registered mail return receipt requested and a date of hearing before the Board of Health shall be fixed no later than 30 days after the receipt of said notice of appeal. Thereupon the Board of Health shall notify said person of the place, date and time of hearing.
O. 
Fines. Any barbershop, hair salon, beauty parlor, tattoo parlor, nail salon, tanning salon, or any other establishment that comes under the jurisdiction of the Board of Health, that violates any part of this chapter shall be fined as follows and be paid within 10 days of said violation.
[Amended by the Governing Body 2-22-11 by Ord. No. 2011-3; 6-16-14 by Ord. No. BOH 2014-1]
A. 
First offense: $100.
B. 
Second offense: $300.
C. 
Third and subsequent offense: $500 (said offense requires a review meeting with the Board of Health).
If licensee fails to correct any violation within the given time period, the license may be revoked until such corrections are made.
P. 
Reapplication After Revocation Prohibited. No person, business entity, owner, corporate officer, partner, limited liability member, or someone acting in their behalf, after having their license revoked shall be granted a license upon reapplication. The Board of Health or any member thereof shall not be permitted to issue a license to operate a massage parlor under this or any other ordinance of the Town of Secaucus to any such revokee. If the applicant hereunder is a person this ordinance shall apply to all immediate family members of said person.
[Added by BOH Ord. No. 2013-2]
[Added by BOH Ord. No. 2013-1]
A. 
It shall be unlawful to operate any massage parlor in the Town of Secaucus, County of Hudson, State of New Jersey without first obtaining a license therefor. The owner of a massage parlor desiring a license shall make written application to the Board of Health of the Town of Secaucus, County of Hudson, State of New Jersey, setting forth the name of the applicant, 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 Health may consider pertinent. Said application shall be on a form prescribed by the Board of Health of the Town of Secaucus.
B. 
Conditions for issuance. A license shall not be issued to a business entity or person unless he/she/it meets the following conditions:
(1) 
Owners, corporate officers, partners, limited liability members submit a completed application as required by the Ordinance, along with proof of State Licensure to own/operate a massage parlor.
(2) 
Is at least 18 years of age.
(3) 
Is licensed/certified pursuant to N.J.S.A. 45:11-53 et seq. (The Massage, Body Work and Somatic Therapy Certification Act) and regulations promulgated hereto.
(4) 
Submits a certification from a duly licensed physician of the State of New Jersey stating that the applicant is free from contagious and communicable disease, dated within 30 days of the date of the application.
(5) 
Applicant submits three recent photographs that shall be approximately 2 x 2 inches showing the head and shoulders of the applicant in a clear and distinguishing manner. Each applicant shall be fingerprinted by the Chief of Police or his designee and shall undergo a background check by the Chief of Police, which cost shall be borne by the applicant. (If there have been no violations of this chapter and the applicant has been continually licensed from their initial application, fingerprinting shall only be required upon the initial application). The applicant completes an application in a form maintained on file with the Board of Health, Town of Secaucus.
(6) 
The applicant has not been convicted or pled guilty to violating any provisions of the Criminal Code included in N.J.S.A. 2C:34-1 et seq. and/or N.J.S.A. 2C:14-2 or their equivalent in another jurisdiction.
(7) 
Has not made a false statement in connection with an application for licensure under this Ordinance.
C. 
Restrictions on location. No application for a new massage parlor establishment license shall be granted unless the establishment is more than 1,000 feet away from any public or private educational institution (including elementary, high school and/or college level) or house of worship.
[Added by the Governing Body 6-25-13 by Ord. No. 2013-19]
[Added by BOH Ord. No. 2013-1]
A. 
Definition. Tattoo parlor shall mean any place wherein any person, firm or corporation represents to the public that the said person, firm or corporation is or are engaged in the occupation or business of body piercing, or permanent affixing of tattoos.
B. 
License required. It shall be unlawful to operate a tattoo parlor in the Town of Secaucus, County of Hudson, State of New Jersey without first obtaining a license therefor. The owner of a tattoo parlor desiring a license shall make written application to the Board of Health of the Town of Secaucus, County of Hudson, State of New Jersey, on a form prescribed by the Board of Health of the Town of Secaucus, and include the following:
(1) 
Photo Identification of the owner.
(2) 
Proof of liability insurance.
(3) 
Application fee as found in Section 160A-2.
C. 
Attendance at Board of Health meeting required. Applicants must attend the first Board meeting following the initial inspection and prior to final approval.
D. 
Term; renewal. Said license will be valid for one year. Renewals will be required on January 31 of each year.
[Added by BOH Ord. No. 2013-1]
A. 
Definition. Tanning salon shall mean anyplace wherein any person, firm or corporation represents to the public that the said person, firm or corporation is or are engaged in the occupation or business of providing beds or booths, which tans or alters the color of the skin.
B. 
License required. It shall be unlawful to operate a tanning salon in the Town of Secaucus, County of Hudson, State of New Jersey without first obtaining a license therefor. The owner of a tanning salon desiring a license shall make written application to the Board of Health of the Town of Secaucus, County of Hudson, State of New Jersey, on a form prescribed by the Board of Health of the Town of Secaucus, and include the following:
(1) 
Photo Identification of the owner.
(2) 
Application fee as found in Section 160A-2.
C. 
Attendance at Board of Health meeting required. Applicants must attend the first Board meeting following the initial inspection and prior to final approval.
D. 
Term renewal. Said license will be valid for one year. Renewals will be required on January 31 of each year.
[Added by BOH Ord. No. 2013-1]
A. 
Definition. Hair salon and/or barbershop shall mean anyplace wherein any person, firm or corporation represents to the public that the said person, firm or corporation is or are engaged in the occupation or business of shaving, clipping, cutting, coloring, shampooing or trimming of hair.
B. 
License required. It shall be unlawful to operate a hair salon or barbershop in the Town of Secaucus, County of Hudson, State of New Jersey without first obtaining a license therefor. The owner of a hair salon or barbershop desiring a license shall make written application to the Board of Health of the Town of Secaucus, County of Hudson, State of New Jersey, on a form prescribed by the Board of Health of the Town of Secaucus, and include the following:
(1) 
Photo Identification of the owner.
(2) 
Proof of state licensure of the owner and all employees.
(3) 
Application fee as stated in Section 160A-2.
C. 
Attendance at Board of Health meeting required. Applicants must attend the first Board meeting following the initial inspection and prior to final approval.
D. 
Term renewal. Said license will be valid for one year. Renewals will be required on January 31 of each year.
[Added by BOH Ord. No. 2013-1]
A. 
Definition. Nail salon shall mean anyplace wherein any person, firm or corporation represents to the public that the said person, firm or corporation is or are engaged in the occupation or business of clipping, cutting, filing or massaging the hands or feet.
B. 
License required. It shall be unlawful to operate a nail salon in the Town of Secaucus, County of Hudson, State of New Jersey without first obtaining a license therefor. The owner of a nail salon desiring a license shall make written application to the Board of Health of the Town of Secaucus, County of Hudson, State of New Jersey, on a form prescribed by the Board of Health of the Town of Secaucus, and include the following:
(1) 
Photo Identification of the owner.
(2) 
Proof of State licensure of the owner and all employees.
(3) 
Application fee as may be found in Section 160A-2.
C. 
Attendance at Board of Health meeting. Applicants must attend the first Board meeting following the initial inspection and prior to final approval.
D. 
Term; renewal. Said license will be valid for one year. Renewals will be required on January 31 of each year.
[Added by the Governing Body 2-22-11 by Ord. No. 2011-3]
A licensee shall not perform:
A. 
Colonic irrigation;
B. 
Prostate massages;
C. 
Vaginal or penile massages;
D. 
Decongestive therapy;
E. 
Manual lymph drainage used as part of decongestive therapy;
F. 
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A. 45:16-1 et seq.;
G. 
Any application of electrical current to the body;
H. 
Ultrasound therapy; and
I. 
Treatment or diagnosis of illness, disease, impairment or disability.
It shall be unlawful for any licensee to operate any establishment as a massage parlor or any similar type business where any physical contact by the licensee or any employee of the licensee is provided resulting in sexual misconduct. Sexual misconduct shall be defined as follows:
A. 
The purpose of this section is to identify licensee's conduct which shall be deemed sexual misconduct.
B. 
As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:
CLIENT
Any person who is the recipient of massage, bodywork or somatic therapy.
CLIENT-THERAPIST RELATIONSHIP
A relation-ship between a licensee and a client wherein the licensee owes a continuing duty to the client to render massage, bodywork or somatic therapy services consistent with his or her training and experience.
SEXUAL CONDUCT
The knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification.
SEXUAL CONTACT
Includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body which is necessary during the performance of a generally accepted and recognized massage, bodywork or somatic therapy procedure.
SEXUAL HARASSMENT
Solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of massage, bodywork or somatic therapy services, and that either: is unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a client, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee.
SPOUSE
The husband, wife or fiancée of the licensee or an individual involved in a long-term committed relationship with a licensee. For purposes of the definition of "spouse," a long-term committed relationship means a relationship which is at least six months in duration.
C. 
A licensee shall not engage in sexual contact with a client with whom he or she has a client-therapist relationship. The client-therapist relationship is ongoing for purposes of this section, unless the last massage, bodywork or somatic therapy was rendered more than three months ago.
D. 
A licensee shall not seek or solicit sexual contact with a client with whom he or she has a client-therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.
E. 
A licensee shall not engage in any discussion of any intimate sexual nature with a person with whom the licensee has a client-therapist relationship, unless that discussion is directly related to a proper massage, bodywork or somatic therapy purpose. Such discussion shall not include disclosure by the licensee of his or her own sexual relations.
F. 
A licensee, shall provide privacy and therapy conditions which prevent exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect the client's privacy.
G. 
A licensee shall not engage in sexual harassment either within or outside of the professional setting.
H. 
A licensee shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or which is for the sexual arousal, or sexual gratification of the licensee or client or which constitutes an act of sexual abuse.
I. 
Nothing in this section shall be construed to prevent a licensee from rendering massage, bodywork or somatic therapy to a spouse, providing that the rendering of such massage, bodywork or somatic therapy is consistent with accepted standards of massage, bodywork or somatic therapy and that the performance of therapy is not utilized to exploit the spouse for sexual arousal or sexual gratification of the licensee.
J. 
It shall not be a defense to any action under this section that:
(1) 
The client solicited or consented to sexual contact with the licensee; or
(2) 
The licensee is in love with or held affection for the client.
No part of any quarters of any massage and/or somatic therapy business shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage and/or somatic therapy business except for limited periods incidental to and directly related to a massage or bath. This provision shall not preclude the location of a massage and/or somatic therapy business in a separate quarters of a building housing a hotel or other separate business or clubs.
A. 
All tables, tubs, shower stalls and floors, except reception and administrative areas, shall be made of nonporous materials which may readily be disinfected.
B. 
Closed containers shall be provided for wet towels and waste materials.
Generally speaking, a license shall be issued for three calendar years beginning with the year in which the license was issued.
All licenses issued hereunder shall be exhibited in a prominent place inside the business establishment.
A. 
The conviction of any applicant or licensee of any criminal offense, quasi-criminal offense or sanitary code violation related to the licensee's business, or any sex-related offense may constitute a forfeiture of the license and said license shall be deemed revoked.
B. 
Each licensee shall be deemed responsible for a clean and safe business operation on the premises. The violation of any law at said premises or any provisions of this chapter may be grounds for the revocation of the license to operate massage therapy on the premises.
A. 
Licenses issued under this chapter may be revoked by the Town Clerk, Town Administrator, Construction Code Official or Chief of Police for violations of any terms or conditions of this chapter.
B. 
Notice of an informal hearing for revocation of a license before any of the individuals identified in Subsection A above, shall be given in writing setting forth the grounds of complaint and time and place of hearing. Such notice shall be served personally upon the licensee or mailed by registered letter to the licensee at his last known address at least five days prior to the date set for hearing.
C. 
In the event of a revocation of license, the Town Clerk, Town Administrator, Construction Code Official or Chief of Police shall report his/her findings and reasons therefor to the applicant/licensee in writing.
The applicant or licensee may appeal any denial or revocation of a license within 30 days of receiving written notice of such denial or revocation by submitting to the City Clerk a written request for a hearing by the Mayor and Council. The Mayor and Council shall hold a hearing within 45 days within the date of request for a hearing. The Mayor and Council shall issue a decision to the applicant or licensee within 10 days of its decision or within 45 days of the hearing whichever is sooner. The time provided may be extended and/or waived on a mutually agreeable basis by the Mayor and Council and the applicant and/or licensee.
In the event of any appeal, the license will remain in effect until the Mayor and Council renders its discussion.
A. 
The Town of Secaucus may, in lieu of revocation, impose a fine or suspend a license. The fine may not exceed $1,250. Each day the violation is committed or permitted to continue shall constitute a separate offense and each day shall be subject to such a fine.
B. 
A violation of any section of this Article may also be grounds for revocation of any license, certificate of occupancy or permit issued by the town for the premises.
This chapter is intended to be read in pari materia with any and all state regulations appertaining to the same or similar subject matter, including, but not by way of limitation, any and all regulations established by the Massage, Bodywork and Somatic Therapy Examining Committee operating under the New Jersey Board of Nursing (P.L. 1999, c. 19, approved February 8, 1999, Assembly Bill No. 843).
All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
This chapter shall take effect upon passage and publication as provided by law and shall be applicable to any new applications or renewal applications for existing massage therapy establishments.