[Ord. of 2-23-09(2)]
No person shall maintain or operate any barbershop or hairdressing
and/or cosmetology shop without having a valid permit issued by the
director of health. Only a person who complies with the requirements
of this Code shall be entitled to receive or retain such a permit.
[Ord. of 2-23-09(2)]
A fee of $100 is payable to the Town prior to the issuance of
the permit.
The fees provided for in this article shall be established from
time to time by the Board of Selectmen after public notice and public
hearing.
[Ord. of 2-23-09(2)]
(a)
Forms; validity. Application for a permit shall be made on forms
furnished by the director of health, wherein the applicant shall state
his name, address, the address of the place of business, give such
other pertinent information as the director of health may require
and affix his signature to the application. All permits are valid
for one year, or a portion thereof, and are renewable each year on
or before expiration date. The chief corporation officers shall be
designated for service in the event of a corporation.
[Ord. of 2-23-09(2)]
Permits shall be valid until the expiration date indicated on
the permit unless suspended or revoked by the director of health,
or until such time as the facility changes owners, closes, or goes
out of business.
[Ord. of 2-23-09(2)]
Permits shall not be transferable from person to person or from
location to location.
[Ord. of 2-23-09(2)]
The director of health, or his agent, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any barbershop or hairdressing and/or cosmetology shop for the
purpose of making inspections to determine compliance with this article
and the Public Health Code of the state.
[Ord. of 2-23-09(2)]
A temporary permit to operate a barbershop or hairdressing/cosmetology
shop may be granted for a period not to exceed 14 calendar days. A
temporary permit would be required for conducting a public demonstration,
a fund-raising event or a public convention.
[Ord. of 2-23-09(2)]
(a)
Failure to comply with the provisions of this article and applicable
state regulations shall be grounds for revocation or suspension of
any permit issued under the provisions of this article.
(b)
In the event that the director of health finds unsanitary conditions
in the operation of a barbershop or hairdressing and/or cosmetology
shop, or if a violation or set of violations appears on more than
one consecutive inspection report, the director of health may immediately
issue a written notice to the permit holder, or person in charge,
citing such conditions, specifying the corrective action to be taken
and the time frame within which such action shall be taken, If correction
is not made in the allotted time, the permit may be revoked or suspended.
(c)
The director of health may suspend, without warning, prior notice
or hearing, any permit to operate a barbershop or hairdressing and/or
cosmetology shop, as follows:
(d)
An imminent health hazard shall include, but is not limited to, any
of the following:
(1)
An ongoing outbreak of an infectious, pathogenic or toxic agent
capable of being transmitted to consumers;
(2)
The absence of potable water, supplied under pressure, in a
quantity which, in the opinion of the director of health, is capable
of meeting the needs of the facility;
(3)
A sewage backup into the facility; or
(4)
An unlicensed individual performing procedures requiring licensure
by the public health code of the state. An individual who does not
hold a valid hairdressing/cosmetician license in the state is not
allowed to perform pedicures, including polish changes on the feet.
(e)
Suspension shall be effective immediately upon delivery of the written
order to the permit holder or person in charge of the facility by
the director of health. When a permit is suspended, all cosmetology
operation shall cease immediately and shall not resume until written
approval to resume has been issued by the director of health. The
director of health shall remove a suspended permit from the premises.
(f)
When a permit is suspended, the holder of a permit, or the person
in charge, shall be notified in writing of the suspension, and an
opportunity for a hearing will be provided if a written request for
hearing is filed with the director of health by the holder of the
permit within 48 hours. The director of health may end the suspension
at any time by giving written notice to the permit holder if reasons
for suspension no longer exist.
(g)
Upon receiving a request for a hearing, the director of health shall
immediately examine the merits of such suspension and may vacate,
modify or affirm such suspension.
(h)
The permit holder who is aggrieved by such action of the director
of health may, within 48 hours after the making of such decision,
appeal to the commissioner who shall thereupon immediately notify
the authority from whose order the appeal was taken and examine the
merits of such suspension and may vacate, modify, or affirm such suspension.
[Ord. of 2-23-09(2)]
(a)
The director of health, after providing opportunity for hearing,
may revoke or refuse to renew the permit of any person for serious
or repeated violations of any of the provisions of this article, or
for interference with the director of health in the performance of
official duties or for cases where the permit to operate has been
obtained through nondisclosure, misrepresentation or intentional misstatement
of a material fact.
(b)
Prior to revocation or nonrenewal, the director of health shall notify
the permit holder, or person in charge at the facility, of the specific
reason for such revocation or nonrenewal, and that permit shall be
revoked or not renewed at the end of 10 calendar days following service
of such notice, unless a written request for hearing is filed with
the director of health by the holder of the permit within 48 hours
of such notice, the revocation or nonrenewal becomes final. The director
of health shall remove a revoked permit from the premises.
[Ord. of 2-23-09(2)]
(a)
Suspension. Whenever a permit has been suspended, the holder of the
suspended permit may make written request for permit reinstatement.
Within 10 days following receipt of a written request, including a
statement signed by the applicant that, in his opinion, the conditions
causing the suspension have been corrected, the director of health
shall make a reinspection. If the director of health determines that
the applicant has complied with the requirements of this article and
the state public health code, the permit shall be reinstated and returned
to the permit holder.
(b)
Revocation/nonrenewal. After a period of 60 days from the date of
revocation or refusal to renew, a written application may be made
for the issuance of a new permit. This application will be treated
as a new application. All appropriate procedures and inspections will
be required, including a plan review.
