[HISTORY: Adopted by the Board of Health of the Township of Cinnaminson 4-23-2003
by Ord. No. 2003-1 (Sec. 3.40 of the 1995 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 563.
It shall be unlawful for any person, any entity, or any body corporate
to conduct "body art" as defined in and governed by state regulations, N.J.A.C.
8:27-1 et seq., without first having procured a license from the Cinnaminson
Board of Health and without complying with any or all of the provisions concerning
operation and maintenance of a body art establishment as contained in the
aforementioned state regulations and this chapter.
The enforcement official designated to enforce the provisions of this
chapter shall be the Health Officer of the Burlington County Health Department.
Initial inspections upon licensing and periodic inspections shall be carried
out by the Burlington County Health Department.
A.
License mandated. Any person or entity desiring to construct,
expand, alter, or operate a permanent cosmetic, tattooing, or ear- or body-piercing
establishment shall apply in writing to the Board of Health and Burlington
County Health Department and cooperate with the County Health Department for
review and approval before such construction, expansion, alteration or operation
is begun. Such application shall include all information required at N.J.A.C.
8:27-2.1.
B.
Time for review of application for license. The Board
of Health of the Township of Cinnaminson shall review the application for
compliance with all the provisions of N.J.A.C. 8:27-2.1 to include the final
plans, specifications, and reports and shall either approve or disapprove
of the application in writing within 30 business days from the date of submission.
C.
Denial. Persons denied approval shall be notified in
writing by the Board of Health of the Township of Cinnaminson. Such notice
shall specify the reason(s) for the action, and shall give the person(s) denied
approval the opportunity of a hearing with the Board of Health of the Township
of Cinnaminson within a reasonable time, not to exceed 30 business days from
the date of the Board of Health of the Township of Cinnaminson denied approval
of the application.
D.
Fee. The fees for annual licensure of body art establishments are hereby fixed as set forth in Chapter 563, Fees, Board of Health.
E.
Expiration. Licenses issued or approved under the provisions
of this chapter shall expire annually on June 30 of each year, the application
for renewal thereof shall be submitted, together with the required fee, prior
to June 1 of each year.
A.
The license of any person or entity to operate a body
art establishment may be suspended at any time, when in the opinion of the
Health Officer of the Burlington County Health Department such action is necessary
to abate a present or threatened menace to the public health.
B.
In accordance with N.J.A.C. 8:27-11.3(b), the following
shall be reason(s) for closure:
(1)
Failure or lack of properly functioning equipment;
(2)
Unsanitary or unsafe conditions which may adversely impact
the health of the public;
(3)
The health authority has reasonable cause to suspect
that a communicable disease is, or may be, transmitted by an operator/practitioner;
(4)
The practitioner(s) has demonstrated gross incompetence
in performing body piercing, ear piercing, tattooing, or micropigmentation;
(5)
The owner obtained or attempted to obtain a permit by
means of fraud, misrepresentation or concealment;
(6)
The owner or practitioner(s) has been convicted in this
or any other state of a crime directly related to the practice of tattooing,
micropigmentation, body piercing or ear piercing;
(7)
The owner or practitioner(s) has permitted a genital
piercing upon a person under 18 years of age; or
(8)
The operator has failed to prevent implants, branding
and cutting to be performed in a body art establishment.
C.
In accordance with N.J.A.C. 8:27-11.3(c), the following
shall be reason(s) for, at a minimum, a seven-day suspension:
(1)
Failure to report to the health authority within 24 hours
any infection, or injury requiring a medical referral;
(2)
Performing a body art procedure on any person under the
age of 18 years of age, without the presence, written consent, and proper
identification of a parent or legal guardian;
(3)
Failure to notify the appropriate health authority within
24 hours of positive biological indicator test result of the autoclave; or
(4)
Using an ear-piercing instrument of any part of the body
other than the ear lobes and trailing edge of the ear.
D.
If any such license shall have been revoked, neither
the holder nor any person acting for him, directly or indirectly, shall be
entitled to another license to operate another body art establishment within
the Township unless application for such establishment has been approved by
the Board of Health of the Township of Cinnaminson.
Any person who shall violate any provision of this chapter or who shall
refuse to comply with a lawful order or directive of the Burlington County
Health Department and/or the Board of Health of the Township of Cinnaminson
shall be liable for penalties as provided by N.J.S.A. 26:1A-10, the general
penalty provision established for violations of this Code, and all other applicable
law and/or injunctive action as provided by law.
