[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 2-24-1998 by Ord. No. 1058-98. Amendments noted where applicable.]
It shall be unlawful for any person or any body corporate to operate a beauty parlor, barbershop, nail salon or tanning salon, without first having procured an annual license from the local Board of Health and without complying with any and all of the provisions concerning its operation and maintenance as required by state laws or regulations and this Code.
[Amended 7-13-1999 by Ord. No. 1073-99]
The annual fees for licenses of public establishments are hereby fixed as set forth in Chapter A270, Fees.
The licenses shall be effective for the calendar year, expiring on December 31st, and are nontransferable. They may be renewable for the succeeding calendar year, provided that the establishment remains in substantial compliance with all applicable state and local laws. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal. A late fee as set forth in Chapter A270, Fees, shall be charged for each renewal paid on or after April 1.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health for any violation of any provision of this chapter or the State Sanitary Code or the New Jersey Administrative Code or if the business is conducted in a disorderly or improper manner or in violation of any ordinance of this municipality or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this chapter shall not be revoked or suspended until after a hearing is conducted by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the charges against the licensee. Notice may be given either by personal delivery or certified mail or commercial express service to the licensee at the business address appearing upon said license. At the hearing the aggrieved shall have an opportunity to answer all charges and may thereafter be heard. Upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the Board concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder of the license nor any person acting for him, directly or indirectly, shall be entitled to another license to conduct the same business within the Borough unless the application for such license shall be approved by the Board of Health.
No provisions of the article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation that violates any of the provisions of the article shall, upon conviction, be punished by a fine not to exceed $2,000 or by imprisonment in the county jail for a period of not to exceed 90 days, a period of community service not to exceed 90 days, or a combination thereof. Each violation 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.
The article is being enacted pursuant to N.J.S.A. 40:52-1.
The Board of Health of the Borough of Caldwell shall be responsible for the administration and enforcement of this chapter.