[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 3-1-2005
by Ord. No. O:2005-09. Amendments noted where applicable.]
The purpose of this chapter is to insure public health and safety at
establishments where persons provide and/or receive tattooing, body art, and/or
body piercing services within the Town of Phillipsburg.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
The implanting of inert pigments, colors, and/or dyes intradermally
which results in permanent alteration of tissue to gain a cosmetic effect
or any similar procedure.
Piercing the skin for the express intention of insertion of any object,
including but not limited to jewelry; provided, however, that the piercing
of the lobes of the ears is expressly excluded from the purview of this chapter.
Written approval provided by the Warren County Health Department
that said tattooing, body art and/or body piercing establishment has been
inspected and meets all applicable requirements.
Written approval provided by the Warren County Health Department
confirming that the operator has registered with the county and meets all
applicable requirements.
The premises wherein tattooing, body art and/or body piercing is
performed.
Any individual, partnership, corporation or similar entity that owns
and/or operates an establishment where tattooing, body art and/or body piercing
is performed.
Any person, including a trainee, who, for any consideration whatsoever,
engages in the provision of tattoo, body art and/or body piercing services
as herein defined, including but not limited to contractors, subtenants and
temporary employees.
Any method of placing designs, letters, scrolls, figures, symbols
or any marks under the skin with ink dye or any other substance resulting
in the coloration of the skin by the aid of needles or any other instruments
designed to puncture the skin.
An establishment that has been issued a permit by the local Health
Department to operate for the purpose of performing body art procedures for
not more than 14 calendar days in connection with a single event.
No operator shall engage in or carry on the activities of tattooing,
body art, and/or body piercing within the Town of Phillipsburg without first
obtaining a valid permit for such activities issued by the Town of Phillipsburg
for each and every separate establishment where such activities shall occur.
A.
Every applicant for a permit from the Town of Phillipsburg
to become an operator of an establishment where tattooing, body art and/or
body piercing will be performed, including out-call services, shall file a
complete application with the Municipal Clerk upon the form provided by the
Municipal Clerk, and shall pay annual filing and renewal fees as follows:
(1)
For one practitioner, the fee shall be $250 per year.
(2)
For each additional practitioner after the first practitioner,
the fee shall be an additional $100 per year.
(3)
Temporary event application fee for organizer shall be
$500.
(4)
Temporary event application fee for practitioner shall
be $50.
(5)
Plan review fee for a new establishment shall be $300.
(6)
Plan review fee for alteration/expansion shall be $150.
(7)
New personnel credential review fee shall be $50.
B.
All permit fees are nonrefundable.
C.
If, at any time after the initial permit is granted,
an additional practitioner begins providing services, all of the information
required on the permit application pertaining to additional practitioners
must be submitted to the Municipal Clerk within 10 days of the commencement
date of their work and the additional fee fully paid.
Applications for operator permits may be obtained from the Municipal Clerk and completed applications must be submitted to the Municipal Clerk along with tender of the correct fee set forth in § 184-4 above as well as the following information:
A.
The type of ownership of the business; i.e., whether
individual, partnership, corporation, limited liability corporation, or otherwise.
B.
The name, style and designation under which the tattooing,
body art and/or body piercing activities are to be conducted.
C.
The business addresses and all telephone numbers of all
establishments where the activities are to be conducted.
D.
Proof of sufficient insurance coverage for the establishment,
operator and practitioners must be provided.
E.
A complete list of the names, residence addresses and
emergency telephone numbers of all practitioners and employees in the business
and the name, residence address and emergency telephone numbers of the operator,
manager or other person principally in charge of the operation of the business
at each establishment.
F.
The following personal information concerning the applicant,
if an individual, concerning each stockholder holding more than 10% of the
stock of the corporation, each officer and each director or managing agent
if the applicant is a corporation, concerning the partners including limited
partners; if the applicant is a partnership, the manager or other person principally
in charge of the operation of the business, and all practitioners and employees:
(1)
The name, complete residence address and residence/emergency
telephone number.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front-face portrait photographs taken within 30 days
of the date of the application and two inches by two inches in size.
(6)
The tattooing, body art and/or body piercing or any similar
business history and experience, including but not limited to whether or not
such person has previously operated in this or another municipality or state
under a license or permit or has had such license or permit denied, revoked
or suspended and the reason therefor, including, but not limited to, the activities
allegedly requiring said denial, suspension or revocation.
(7)
All criminal convictions, other than misdemeanor traffic
violations, fully disclosing the jurisdiction where convicted and the offence
for which convicted and a description of the circumstances thereof. The applicant
shall also execute a waiver and consent to allow a fingerprint and criminal
background check by the Police Department. A fee of $50 shall be paid for
each practitioner and employee.
(8)
Authorization for the Town and its agents and employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
permit.
(9)
The names and addresses of three adult residents of the
county who will serve as character references. These references must be persons
other than relatives and business associates.
(10)
A written declaration by the applicant, under penalty
of perjury, that all the information contained in the application is true
and correct, said declaration being duly dated and signed in the Town.
G.
It shall be unlawful for any person to operate an establishment
where tattooing, body art and/or body piecing is performed without first obtaining
a permit from the Town to engage in such activities in accordance with the
provisions of this chapter. It shall likewise be unlawful for any operator
to provide tattooing, body art and/or body piercing services without first
obtaining a certificate of registration and certificate of inspection from
the Warren County Health Department.
H.
Permit applications shall submit a floor plan of the
proposed establishment to the Warren County Health Department prior to initiation
or construction and shall receive a preopening inspection. All establishments
shall be subject to a periodic compliance and/or annual inspection by the
Warren County Health Department. Every operator shall be registered with the
Warren County Health Department and shall acquire a certificate of registration
upon payment of a fee prior to business operation or practice. Fees for a
plan review, inspections, and operator registration shall be payable to the county
and established by the Warren County Board of Chosen Freeholders. These fee
schedules are available from the Office of the County Health Officer.
I.
Nothing in the foregoing shall be construed so as to
affect the practice of medicine and surgery or any other recognized profession
or occupation by a person duly licensed by the State of New Jersey to engage
in such practice, profession or occupation and whose license would lawfully
authorize the tattooing, body art, or body piercing.
The Municipal Clerk, upon receiving an application for a tattooing,
body art and/or body piercing operator permit, shall refer the application
to the Construction Official, the Fire Department, the Police Department and
the Town Planning Department, which departments shall inspect the premises
proposed and shall make written recommendation to the Municipal Clerk concerning
the laws and codes that they administer.
The Municipal Clerk may issue a permit within 14 days following receipt of a completed application as set forth in §§ 184-4 and 184-5 above, if all requirements for said establishment described in this chapter are met unless he for she finds that:
A.
The correct permit fee has not been tendered to the Town
and in the case of a check or bank draft honored within payment upon presentation.
B.
The establishment and/or operation as proposed by the
applicant, if permitted, would not comply with all applicable laws, including
but not limited to the building, zoning and health regulations.
C.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any document
required by the Town in conjunction therewith.
D.
The applicant has had a similar business permit or license
denied, revoked or suspended for any of the above causes by the Town or any
state or local agency within five years prior to the date of the application.
E.
The applicant, if an individual; any of the officers
and directors or managing director, if the applicant is a corporation or limited
liability corporation; any of the partners, including limited partners, if
the applicant is a partnership; or the manager or other person principally
in charge of the operation of the business is not over the age of 18 years.
F.
The applicant, if an individual, any of the stockholders
holding more than 10% of the stock of the corporation, or any of the officers
or directors or managing directors if the applicant is a corporation, or any
of the officers or directors if the applicant is a corporation, any of the
partners including limited partners if the applicant is a partnership, or
the manager or other person principally in charge of the operation of the
business has been convicted of a felony, an offense involving sexual misconduct
with children, prostitution, soliciting for purpose of prostitution, pandering,
keeping a place of prostitution, any crime involving dishonesty, fraud or
deceit or other offenses opposed to decency and morality.
Any permit issued for a covered establishment or out-call service may
be revoked or suspended by the Town upon failure to submit to an inspection
or after a hearing before the Town Council in any case where any state law
or regulation or local ordinance, including this chapter, has been violated.
Such permit may also be immediately revoked or suspended by the Town, upon
the direction of the Municipal Clerk, when it is believed such business is
being managed, conducted or maintained without regard for the public health
or health of patrons or customers, or without due regard to proper sanitation
and hygiene.
The operator of a covered establishment or an out-call service must
maintain a register of all persons employed as practitioners and their permit
numbers. Such register shall be available for inspection at all times during
regular business hours.
The permit holder shall be responsible for all actions which occur at
the permitted establishment whether caused by practitioners, employees, subcontractors,
or any other persons present with the operator's or his agent's permission.
All covered establishments shall post their Town permit as well as county
certificates of registration and inspection in the hallway entrance in a conspicuous
location at all times.
The Warren County Health Department, the Town of Phillipsburg Police
Department and the Town Fire Department shall, from time to time, either announced
or unannounced, make an inspection of each establishment granted a permit
under the provisions of this chapter for the purpose of determining whether
the provisions of this chapter and Code are complied with. Such inspections
shall be made at reasonable times and in a reasonable manner. It shall be
unlawful for any permittee to fail to allow such inspection officer access
to the premises or to hinder such officer in any manner.
No person granted a permit pursuant to this chapter shall operate under
any name or conduct any tattooing, body art and/or body piercing or any similar
or related activities under any designation for any location not specified
in his permit.
Permits are not transferable or divisible, and such authority as a permit
confers shall be conferred only on the operator named therein for the practitioners
and location(s) specified therein only.
All persons who presently operate a covered establishment must apply
for a permit within one month of the effective date of this chapter. Applications
for renewal of permits must be filed not more than two months nor less than
one month prior to the expiration of an existing permit.
