[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 12-12 of the Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BODY ART ESTABLISHMENT
- Any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
- BODY ART PROCEDURES
- The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, body piercing, tattooing and permanent cosmetics.
- CERTIFICATE OF INSPECTION
- Written approval from the Health Officer, or his authorized representative, that said tattooing and body-piercing and permanent cosmetic establishment has been inspected and meets all of the terms of this chapter.
- HEALTH OFFICER
- The appointed licensed Municipal Health Officer or his authorized representative.
- Includes the owner or the owner's designee having ownership, control or custody of any place of business or employment and who manages the day-to-day operations of the body art establishment.
It shall be unlawful for any operator to engage in the business of body art procedures without first obtaining a license from the Town of Newton to engage in such business, in accordance with the provisions hereof.
For the establishments that limit body-piercing procedures to only piercing of the trailing edge of the ear (lower lobe), as described in N.J.A.C. 8:27-9.1, the annual licensing fee is as set forth in § 100-17F(4).
Individuals, including the individual owners or members of an operator, as defined in this chapter, applying for a license must undergo a police background check and submit to fingerprinting.
An application for an initial license shall be accompanied by a fee in the amount as set forth in § 100-17F(1). Any change of ownership of the operator shall require a new application and license, with payment of fees therefor. All applicants shall submit plans for the establishment to the Newton Planning Board, as well as the office of the Construction Official and the Sussex County Health Department, prior to initiation of construction.
The renewal license fee for engaging in the business of operating a body art establishment within the Town of Newton shall be as set forth in § 100-17F(2). All licenses shall expire on the last day of March annually. If renovations of the body art establishment occur, plans must be submitted to the Newton Construction Office and the Sussex County Health Department, and the applicant will be required to comply with § 273-4. The late fee for failure to renew the license shall be as set forth in § 100-17F(3) if not paid by the final due date of April 30 each year.
All existing establishments will be considered renewal applicants, provided that they apply for renewal of said licenses within one month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants.
Age. It shall be a violation of this chapter for anyone or any tattoo or body-piercing establishment to tattoo or pierce the body of an individual under 18 years of age without authorization signed by a parent or legal guardian of that individual and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21st birthday, but in no event for any period of time less than that set forth in Subsection C hereof.
Each person wishing to receive a tattoo or have his body pierced must first apply to the operator on a form approved by the Newton Board of Health and the Town Council. If the applicant is suspected by the operator to be under the influence of alcohol, drugs or any other behavior-modifying substance, the operator must refuse the applicant.
All records regarding tattoos and body piercing are to be maintained by the operator for a minimum of five years. Information required for each client referred to in Subsection B above is to include the name, age, or confirmation that the client is at least 18 years of age, address, and telephone number of the person, as well as the design materials used and the location of the tattoo or the site of the body piercing.
The hours of operation for tattoo and body-piercing establishments shall begin no earlier than 9:00 a.m., and such tattoo and body-piecing establishments shall remain open for new business no later than 10:00 p.m., although work on a client commenced prior to the required hour of closing may be continued until completed.
The operator will be required to obtain a certificate of inspection for the tattoo and/or body-piercing establishment. Such certificate of inspection issued to the operator shall be prominently displayed as a condition of operation.
This section does not apply to physicians who are authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq.
Any violation of the provisions of this chapter shall be grounds for an enforcement action by the Newton Board of Health or its authorized agent. Such enforcement action may include a nonrenewal of the body art establishment's license.
Reasonable counsel fees incurred by the Town of Newton in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the trial court hearing the matter.