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Town of Secaucus, NJ
Hudson County
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[HISTORY: Adopted by the Board of Health of the Town of Secaucus 4-16-2001 by Ord. No. BOH 2001-1. Amendments noted where applicable.]
[Amended by the Governing Body 2-22-2011 by Ord. No. 2011-3; 12-12-2023 by Ord. No. 2023-33]
As used in this chapter, the following terms shall have the meanings indicated:
BODY ART
Practice of physical body adornment in approved establishments by operators utilizing, but not limited to, body piercing, tattooing, or permanent cosmetics.
COSMETOLOGY BUSINESS
Shall encompass any person, firm or corporation that represents to the public that said person, firm or corporation is or are engaged in the occupation or business of shaving, trimming of facial hair; shampooing, cutting, arranging, dressing, curling, or any styling of hair; applying cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to scalp, face, or neck; massaging, cleansing, or stimulating face, neck, chest, or back only with or without cosmetic preparations; removing hair from face, neck, arms, legs or other areas by use of waxing, tweezing, or electrolysis; manicuring of nails or nail sculpting; pedicuring of toenails; and/or application or removal of semipermanent or permanent cosmetics on eyes, lips, or, eyebrows. "Cosmetology business" shall incorporate all persons, firms or corporations operating as, but not limited to, a nail salon, hair salon, barbershop, beauty parlor, spa, skin-care spa or specialty personal service spa.
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.
PERSONAL CARE SERVICE BUSINESS
All services licensed under this chapter, including all persons, firms or corporations operating a tattoo parlor, tanning salon, massage parlor or cosmetology business, including but not limited to a nail salon, hair salon, barbershop, beauty parlor, spa, skin-care spa, specialty personal service spa.
TANNING SALON
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 providing beds or booths, which tans or alters the color of the skin.
TATTOO PARLOR or BODY ART PARLOR
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 or body art.
[Amended 2-22-2011 by Ord. No. 2011-3; 3-8-2011 by Ord. No. 2011-5; by Ord. No. BOH 2013-1; by Ord. No. BOH 2013-26-16-2014 by Ord. No. BOH 2014-1; 12-12-2023 by Ord. No. 2023-33]
The following regulations are applicable to all licenses issued for personal care services. The meeting of said requirements is in addition to any regulations specified in this chapter for a particular category of personal care services, as defined above and specified in the applicable section.
A. 
Required. It shall be unlawful to operate any personal care service business 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. A current license from the Town of Secaucus Department of Health must be maintained at all times.
(1) 
Both initial and renewal applications shall be completed fully with accurate information. Applications shall be submitted with all documentation required by the Board of Health, including but not limited to:
(a) 
Photo identification of all owners, operators, and other licensed service providers at the premises.
(b) 
Proof of current licensure for all owners, operators, and other licensed service providers at the premises.
(c) 
Proof of liability insurance.
(2) 
For initial applications, attendance at a Board of Health meeting by the owner and/or applicant is required. Attendance shall be at the first Board of Health meeting following the initial inspection and prior to final licensure approval.
B. 
Compliance; misrepresentation. Any application which fails to conform or to comply with the requirements of this chapter or which contains any false statements or misrepresentations shall constitute sufficient grounds for the denial of the application. Any license which may be issued based on false information or 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 annually. In order to continue operation, each establishment shall apply for a renewal of their license no later than January 31 of each year. If a renewal application and payment are not received by January 31, the Secaucus Department of Health has right to deem the license forfeited.
D. 
Annual fee. The annual fee is due with the application and required to be paid by January 31 of each year. The current annual license fee shall be kept on file in the Town Clerk's Office. All fees are nonrefundable.
E. 
Nontransferable. Licenses are not transferable.
F. 
Lists of suppliers. Upon request, every owner or applicant shall furnish to the Department 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 Department of Health to examine the sanitary and hygienic conditions under which said materials are handled.
G. 
Water supply. Every licensed premises 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 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.
I. 
Adherence to regulations. Each licensee shall be deemed responsible for a clean and safe business operation on the premises in accordance with all health and sanitary codes. All applicable federal, state and local laws, regulations and rules must be adhered to at all times. Violations or convictions, whether criminal or civil in nature, against the personal service care business or any person, firm or corporation related to the licensee's business may result in adverse action against an application or a license.
J. 
Separation of living quarters. No part of the premises that contains the licensed business shall be used, occupied, or furnished for sleeping quarters. Rooms located on the premises which are permitted and zoned as living quarters shall be separated from the licensed business 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 personal care service businesses 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.
(1) 
The Health Officer or their designee shall enter said premises at any time with no advance warning. The premises must be inspection ready at all times. The Health Officer, the Secaucus Police Department or their designees are authorities that may enter said premises for complaints or general inquiries. All findings will be reported to the Health Officer as soon as possible.
(2) 
Each personal care service business 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.
(3) 
If an unsatisfactory inspection occurs, the personal service business will be put on notice and a reinspection must be scheduled. There shall be a $100 nonrefundable fee for each reinspection needed.
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.)
[Added by Ord. No. BOH 2013-1; amended 12-12-2023 by Ord. No. 2023-33]
A. 
Conditions for issuance. In addition to the requirements of § 160A-2, a license to operate a massage parlor shall not be issued to any person, firm or corporation unless the following conditions are met:
(1) 
Owners, corporate officers, partners, and/or limited-liability members submit a completed application as required by the chapter, along with proof of state licensure to own/operate a massage parlor.
(2) 
Owners, corporate officers, partners, and/or limited liability members are at least 18 years of age.
(3) 
Provides documentation of current license/certification 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(s) is/are free from contagious and communicable disease, dated within 30 days of the date of the application.
(5) 
Submits three recent photographs that shall be approximately two inches by two inches showing the head and shoulders of the applicant(s) is/are in a clear and distinguishing manner. Each applicant shall undergo a background check by the Chief of Police or a specified third party, 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.)
(6) 
The applicant(s) has/have 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) 
The applicant(s) has/have not made false statements in connection with an application for licensure under this chapter.
(8) 
Does not have violations of any requirements of Article II of this chapter.
B. 
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 day-care centers, elementary, high school and/or college level) or house of worship.
[Added 12-12-2023 by Ord. No. 2023-33[1]]
The person, firm or corporation receiving a license pursuant to this chapter shall comply with all conditions set forth. Noncompliance with the requirements of this chapter or with a license may subject the person, firm or corporation receiving a license to a penalty pursuant to § 160A-5 and/or suspension or revocation of the license.
[1]
Editor's Note: This ordinance also repealed former § 160A-4, Tattoo parlor license, as added by Ord. No. BOH 2013-1.
[Added 12-12-2023 by Ord. No. 2023-33[1]]
Any person who violates any provision of this chapter shall be liable to a fine of not more than $2,000 at the direction of the Municipal Court. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.
[1]
Editor's Note: This ordinance also repealed former § 160A-5, Tanning salon license, as added by Ord. No. BOH 2013-1.
[Added 12-12-2023 by Ord. No. 2023-33[1]]
Whenever an application for a license or renewal is denied, or a license is revoked or suspended pursuant to this chapter, the applicant or licensee may appeal such to the Town Administrator by filing a written notice of appeal with the Town Clerk within 10 days after receiving written notice of the denial, revocation or suspension. The Town Administrator shall thereafter hold a hearing within 20 days on the matter and may modify, affirm or reverse the decision. Any appeal of the Town Administrator's decision shall be made in writing within 10 days to the Board of Health. The Board of Health shall review the record and modify, affirm or reverse the decision of the Town Administrator within 20 days. If desired, the Board of Health may hold a hearing on the matter. At the sole discretion of the Health Officer, the licensee may or may not be permitted to operate pending the final decision.
[1]
Editor's Note: This ordinance also repealed former § 160A-6, Hair salon and barbershop license, and § 160A-7, Nail salon license, which immediately followed this section, both as added by Ord. No. BOH 2013-1.
[Added by the Governing Body 2-22-2011 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.
[1]
Editor's Note: Former § 160A-17, Term of license, was repealed 12-12-2023 by Ord. No. 2023-33.
[1]
Editor's Note: Former § 160A-18, Display of license, was repealed 12-12-2023 by Ord. No. 2023-33.
[Amended 12-12-2023 by Ord. No. 2023-33]
In addition to Article I of this chapter, the following are grounds for revocation of massage parlor licenses:
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.
[1]
Editor's Note: Former §§ 160A-20, Revocation procedure, 160A-21, Appeal, and 160A-22, Violations and penalties, were repealed 12-12-2023 by Ord. No. 2023-33.
[Amended 12-12-2023 by Ord. No. 2023-33]
This article 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 and guidance established by the New Jersey Board of Massage and Bodywork Therapy.
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.