Borough of Palisades Park, NJ Barbershops and Beauty Parlors

Purpose.

To regulate the practice of cosmetology-hairstyling establishments that have as their primary purpose a cosmetology shop business, as defined by the New Jersey Board of Cosmetology and Hairstyling Act of 1984;[1]

[1]

Editor's Note: See N.J.S.A. 45:5B-1 et seq.

(2)

To protect the health, safety, and welfare of the people of Palisades Park;

(3)

To ensure that cosmetology-hairstyling is performed in compliance with state law.

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

BARBER

Any person who is licensed to engage in any of the practices encompassed in barbering.

BARBER SHOP, HAIR SALON, MANICURING/NAIL SALON, SKIN CARE/FACIAL SHOP AND BEAUTY PARLOR BUSINESSES

All establishments located in a fixed place of business on a nonresidential property owned, leased, operated, or controlled by any person, firm, association or corporation which engages in or carries on, or permits to be engaged in or carried on, any of the cosmetology activities as defined by the New Jersey Board of Cosmetology and Hairstyling, New Jersey Administrative Code Title 13, Law and Public Safety Chapter 28 (N.J.A.C. 13-28), wherein the business of the beauty culture industry applies, including but not limited to barbering, shaving, shampooing, dyeing, massaging/cleansing the face and neck, with or without cosmetic preparations, or manicuring is being conducted for a fee or without charge or hire.

BARBERING

Any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers;

(1)

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

(2)

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

(3)

Singeing, dyeing, tinting, coloring, bleaching 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.

BEAUTICIAN

Any person who is licensed to engage in any of the practices encompassed in beauty culture.

BEAUTY CULTURE

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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;

(6)

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

(7)

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 is licensed to engage in the practices encompassed in cosmetology and hairstyling.

COSMETOLOGY AND HAIRSTYLING

Any one or combination of the following practices, when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:

(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

(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 license to engage in only the practice of manicuring.

PRACTICING LICENSEE

Any person who holds a license to practice barbering, beauty culture, cosmetology and hairstyling, manicuring or as a skin care specialist.

SHOP

Any fixed establishment or place where one or more persons engage in one or more of the practices included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring or skin care specialty.

SKIN CARE SPECIALIST

A person who holds a license to engage in only the practices included in the definition of skin care specialty as defined by the New Jersey Board of Cosmetology and Hairstyling Act of 1984.[2]

SKIN CARE SPECIALTY

Any one or combination of the following practices when performed on the male or female human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers;

(1)

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

(2)

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; or

(3)

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.

[2]

Editor's Note: See N.J.S.A. 45:5B-1 et seq.

Services requiring license. No person shall render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty services without first having secured a license from the New Jersey Board of Cosmetology and Hairstyling which permits the offering of that service in accordance with the authority provided by the license, and without having secured a license from the Palisades Park Health Department.

Licensing fee. Every applicant for a cosmetology business license pursuant to this chapter shall file annually a complete application with the Borough of Palisades Park Health Department as set forth in this chapter and pay an annual filing fee as follows:

(1)

For a cosmetology business (hair, barber, nail, skin-care salons) license pursuant to this chapter, the fee shall be $200.

(2)

All fees are nonrefundable. Fees are annual and expire on December 31 of the licensing year.

(3)

All licenses are nontransferrable. Any changes in ownership shall require a new application and license with the payment of the fees thereof.

Operating requirements.

(1)

All cosmetologists and hairstylists, manicurists, barbers, skin-care specialists engaging in the practice of cosmetology are required to be licensed by the State Board of Cosmetology and Hairstyling.

(2)

All businesses engaging in the practice of cosmetology are required to have a valid shop license issued from the Board of Cosmetology and Hairstyling.

(3)

All licenses and signs which are required to be posted by the New Jersey State Board of Cosmetology and Hairstyling and Board of Health shall be displayed in a conspicuous place; practitioners shall have said pictures attached.

(4)

Any utensil or instrument used on one patron shall be cleaned and sanitized in accordance with N.J.A.C. 13:28-32 before being used on any patron.

(5)

All sanitizing fluids used to sanitize utensils or instruments shall be changed on a daily basis when in use.

(6)

Instruments that cannot be sanitized must be discarded after each use.

(7)

Establishments shall be free of insects, rodents, and other vermin, and if a problem does arise, it shall be treated by a state-licensed pest control operator.

(8)

All towels, once used on a patron, shall not be reused and shall be placed in a sealed container. All linens, and toweling used within a licensed shop shall be laundered and sanitized before each and every direct contact with a patron. In lieu of laundered and sanitized linens, disposable toweling may be used.

(9)

All containers and drawers, especially those holding instruments and utensils used on the public, shall be clean, sanitary and in good repair.

(10)

All floors, walls, ceilings shall be clean and in good repair at all times.

(11)

Toilet rooms shall be clean, in good repair, provided with hot and cold running water, toilet paper, soap and paper towels, and a covered garbage receptacle at all times.

(12)

Handwash sinks shall be supplied with hot and cold running water, soap, paper towels at all times.

(13)

No part of a cosmetology business licensed pursuant to this chapter shall be occupied or used or furnished for sleeping quarters and/or living quarters.

(14)

No part of a cosmetology business licensed pursuant to this chapter shall be occupied or used or furnished for massage therapy services.

(15)

No part of a cosmetology business licensed pursuant to this chapter shall be occupied or used or furnished for the application of permanent make-up/tattoo services.

(16)

The holder of a shop license shall not permit any animals or pets in the licensed premises. This prohibition shall not apply to trained guide dogs (or dogs in training) for the disabled, sightless or hearing impaired.

(17)

Smoking shall be prohibited in all areas of the business pursuant to the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55.

Responsibilities of licensee. The licensee/shop license holder shall be responsible for compliance with all laws and rules relating to the operation of the premises at which cosmetology and hairstyling, beauty culture, barbering, manicuring, or skin care specialty services are rendered and all laws and rules relating to the practice and actions of such services including the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.; the rules of the New Jersey State Board of Cosmetology and Hairstyling, N.J.A.C. 13:28; the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, 7.2, 7.3, and 14 et seq.; and the uniform rules of the Division of Consumer Affairs, N.J.A.C. 13:45C.

Inspections. All cosmetology shops/businesses are subject to local Board of Health inspections. The Palisades Park Health Department shall, from time to time, announced or unannounced, make an inspection of each cosmetology business for the purpose of determining whether the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner and in compliance with this chapter. It shall be unlawful and grounds for a suspension and/or revocation of the license for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. Any premises where it appears that cosmetology and hairstyling, beauty culture, barbering, manicuring, or skin care specialty services have been or are being rendered shall be subject to inspection by the Board or its representative. The aforementioned regulations are in addition to the rules, regulations and orders of the New Jersey Board of Cosmetology and Hairstyling and are in no way intended to replace or alter any of the aforementioned rules, regulations and orders.

Posting of license required. All licenses issued hereunder shall be exhibited in a conspicuous location at all times.

Unlawful practices; persons. It shall be unlawful for any person to engage in the following practices:

(1)

Advertise in a manner which would tend to mislead consumers of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty services;

(2)

Advertise, practice or attempt to practice under another's name or trade name;

(3)

Continue to practice while knowingly having an infectious, contagious or communicable disease which could reasonably be expected to be transmitted during the course of rendering cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty services.

Violations and penalties. Whenever the Health Officer, or his/her designee, reasonably believes there exists violation of this article, he/she may issue a summons and complaint before the local Municipal Court. Businesses found in violation of any provision of this Chapter 315, Article XVI, of the Borough of Palisades Park Sanitary Code shall be subject to fine of not less than $250 and not more than $1,000 or community service for a period of not more than 90 days or imprisonment for a term not exceeding 90 days, and each day's failure to comply with any provision, rule or resolution shall constitute a separate and distinct offense and closure of the business establishment. A violation of the provisions of this chapter shall constitute grounds for the revocation of any license issued by the Borough of Palisades Park Health Department.

Existing cosmetology businesses. All cosmetology businesses who presently engage in the business of cosmetology must comply with the provisions of this chapter within 30 days of the effective date of this chapter.

Appeals. In the event that any applicant for a license shall have been refused a license or in the event that any licensee shall have 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 Health of the Borough of Palisades Park; provided, however, that not less than five days' written notice of such appeal shall have been served upon the Board of Health, either in person or by registered mail, return receipt requested, and a date of hearing before the Mayor and Council 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.

Severability. If any chapter, section, subsection or paragraph of this section is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraph of this section.