[HISTORY: Adopted by the Board of Health of the Township of Greenwich 12-28-2011 by BOH Ord. No. 2011-1. Amendments noted where applicable.]
Board of Health — See Ch. 61.
The purpose of this chapter to provide standard governing for all businesses offering tattooing, permanent cosmetics and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. This chapter shall control the spread of diseases and the improvement of the health of its residents.
N.J.S.A. 26:3-64 et seq., and N.J.S.A. 26:1A-9 authorize the local board of health department to regulate the tattooing and body-piercing practice and its establishments, and N.J.S.A. 26:3-70 et seq., and N.J.S.A. 26:1A-10 authorize the local health department's enforcement of a health ordinance and prescribe a penalty for a violation within the geographical boundaries of the Township of Greenwich.
There is a need for the regulation of tattooing and body-piercing practices because of the potential danger of the spreading of infectious blood-borne diseases through said practicing procedures unless there is a safeguard to ensure said process is safe and under appropriate regulations.
There is hereby established the "Tattoo and Body-Piercing Establishments Ordinance" to standardize and streamline the requirements for tattoo and body-piercing establishments within the Township of Greenwich.
The words hereafter defined shall have the meanings as indicated below for the purpose of this chapter:
- Refers to a person who does tattooing or body piercing.
- BLOOD TESTING
- All references herein to blood testing shall require that same be undertaken by a duly licensed and/or certified laboratory or institution. Said reports of blood testing results shall set forth a comprehensive list of all items for which a person was tested and shall state whether said person tested positive or negative for each item.
- The Board of Health of the Township of Greenwich or its duly authorized agent, officer or inspector.
- BODY PIERCING
- The placing of a permanent or temporary foreign object in a person's body, such as in a nose, lips, genitals or nipples, or parts thereof, for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician. The piercing of the lobes of the ears shall be specifically excluded from the purview of this chapter.
- BODY-PIERCING ARTIST
- A person engaged in the practice of body piercing.
- BODY-PIERCING ESTABLISHMENT
- The building or structure where body piercing is practiced.
- CERTIFICATE OF SANITATION
- A certificate issued to the owner or proprietor of a tattoo parlor or body-piercing establishment under the provisions of this chapter.
- CERTIFIED MEDICAL REPORTS
- All references herein to a certified medical report shall require that a medical examination and/or testing be undertaken by a duly licensed medical physician with appropriate credentials to undertake same, who must submit a certified comprehensive report depicting thorough findings, diagnosis and prognosis of said person.
- COUNTY HEALTH OFFICER
- Refers to the Gloucester County Public Health Coordinator or his authorized representative of the Gloucester County Department of Health and Senior Services.
- A certificate issued to a tattooist of a tattoo parlor or body-piercing artist of a body-piercing establishment under the provisions of this chapter. Each said tattooist in any tattoo parlor or body-piercing artist in any body-piercing establishment shall have a license.
- PERSONAL IDENTIFICATION
- Refers to a document or other written or memorialized instrument setting forth the presenter's true name, address, correct age or other identifying data, examples of which include but are not limited to a driver's license, credit card issued by a national company, birth certificate, passport, employment identification card or any instrument issued by a government agency setting forth the pertinent and required information.
- Refers to a bacterial treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.
- SINGLE USE
- Refers to products or items that are disposed of after use on each client but not limited to cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary covering, razors, needles, scalpel blades, stencils and ink cups.
- Refers to destruction of all forms of microbiotic life, including spores, through the use of a steam sterilizer or autoclave.
- The indelible mark or figure affixed upon the surface of the human body or the insertion of pigment under the skin or by production of scars, further defined as a permanent mark or design made on the skin by a process or similar process of pricking and ingraining an indelible pigment or by raising scars. This definition is to be liberally construed, interpreted, defined and/or redefined solely by the Board, which may enlarge its interpretation or definition to include other similar businesses not yet recognized or known.
- A person who forms or removes tattoos. This definition is to be liberally construed, interpreted, defined and/or redefined solely by the Board, which may enlarge its interpretation or definition to include other similar businesses not yet recognized or known.
- TATTOO PARLOR OR ESTABLISHMENT
- Any establishment or business operation that removes or affixes a tattoo upon the surface of the human body with or without the tender of consideration.
Tattoo parlor or body-piercing establishment.
No person or business entity shall operate any tattoo parlor or body-piercing establishment or utilize any premises located in the Township of Greenwich for same except where said person or business entity has complied with the provisions of this chapter.
Only persons or business entities which have been issued from the Board a certificate of sanitation and the appropriate number of tattooist licenses shall be permitted to operate a tattoo parlor or establishment in the Township of Greenwich.
Certificate of sanitation. All persons or business entities which own and/or operate a tattoo parlor or body-piercing establishment in the Township of Greenwich must make application for same before the Board. Upon review of same, it shall be in the Board's sole discretion to determine whether or not to issue a certificate of sanitation. If it is the Board's determination that the person or business entity applying for same has met the necessary criteria, the Board shall issue a certificate of sanitation. Said certificate of sanitation shall be necessary for the operation of a tattoo parlor or body-piercing establishment. Said tattoo parlor or body-piercing establishment shall not operate without a current and valid certificate of sanitation.
License to engage as tattooist and/or body-piercing artist. No person shall render or perform services as a tattooist and/or body-piercing artist or engage in the business of tattooing or body piercing or be employed as a tattooist or body-piercing artist unless said person shall first make application and receive a tattooist/body-piercing artist license issued by the Board. Upon review of same, it shall be in the Board's sole discretion to determine whether or not to issue said tattooist/body-piercing artist license. Said person or persons shall not engage in tattooing or body piercing unless in possession of a current and valid tattooist/body-piercing license.
Required comprehensive medical examination. All persons relating to the operation of the tattoo parlor or body-piercing establishment, including, but not limited to, owners, operators, tattooists, body-piercing artists, staff personnel and the like, shall undergo a comprehensive medical examination testing whether said person or persons have hepatitis, specifically hepatitis B, AIDS, as well as any other infectious or contagious diseases as determined by the Board. Proof of said medical examination, along with its findings, shall be attached to the aforedescribed application and viewed by the Board. No certificate of sanitation nor tattooist/body-piercing artist license shall be issued to a person who has failed to meet the aforedescribed medical criteria. The Board, in its sole discretion, shall impose additional restrictions upon any applicant seeking a certificate of sanitation or a tattooist/body-piercing artist license, including those set forth below.
Display of certification of sanitation and tattooist/body-piercing artist licenses. Said tattoo parlor or body-piercing establishment shall display a valid certificate of sanitation and valid tattooist/body-piercing artist licenses of all tattooists and body-piercing artists in its employment in a place and location clearly visible to all persons who may enter its premises. Said certificate of sanitation and tattooists/body-piercing artist licenses shall remain visible at all times.
Each and every applicant seeking a certificate of sanitation or tattooist or body-piercing artist license shall set forth the following information, in writing, on an application form provided by the Board:
The name and address of the applicant and all former addresses for a period of three years prior to the making of the application.
The address of the parlor or establishment to be used in the tattooing or body piercing business and a physical description of the property and facilities if the applicant desires a certificate of sanitation.
All applicants shall submit a statement of all prior employment during the last three years. Additionally, all applicants shall submit a certified copy of a medical examination and its findings, having been conducted within two weeks from the receipt of said application. Said medical examination will include, but not be limited to, the following tests:
Records of all such medical examinations and/or diagnostic tests and findings shall be kept on file by the holder of the certificate of sanitation (i.e., tattoo parlor or body-piercing establishment). A copy of same shall be attached to said application to be forwarded to the Board and kept on file.
A certified statement as to whether or not the applicant, or any officer or director thereof if a corporation, has ever been convicted of a crime in this or any other state shall be required. If so, said applicant shall state the nature of said offense, the date on which said conviction occurred, the sentence imposed and any other relevant information as may be required by the Board.
Any applicant who has not previously been issued a duly authorized tattooist license or body-piercing artist license by the Board shall be required to take and pass an examination in a manner prescribed by the Board before said license shall be issued. The applicant shall be required to evidence and otherwise demonstrate a thorough knowledge of the provisions of this chapter, of bacteriology, aseptic techniques and/or other relevant areas as may be determined by the Board as to ensure that infectious and contagious diseases shall not be spread by his or her tattooing practices and to ensure the proper administration of tattooing.
All applications shall be filed with the Township Clerk.
Tattoo parlor or body-piercing establishment. The applicant for a certificate of sanitation for a tattoo parlor or body-piercing establishment shall pay an annual license fee of $1,000, which license fee shall become due on January 1 of each year. Said fee shall be nonrefundable and shall be due each year or for any portion thereof. The initial application requesting a certificate of sanitation shall require a nonrefundable fee of $1,000. If said certificate of sanitation is issued by the Board, no further payment for same shall be due until January 1 of the next year. The certificate of sanitation shall not be transferable, nor pass by conveyance or sale of the tattoo parlor or body-piercing establishment, nor by inheritance or any other manner.
Tattooist or body-piercing artist. The applicant for a tattooist or body piercing license shall pay an annual license fee of $200, which license fee shall be due on January 1 of each year. Said fee shall be nonrefundable and shall be due each year or for any portion thereof. The initial application requesting a tattooist license shall require a nonrefundable fee of $200. If said tattooist license is issued by the Board, no further payment shall be due until January 1 of the next year. If issued, all tattoo and body-piercing artist licenses shall be nontransferable, thus each and every tattooist and/or body-piercing artist employed by said tattoo parlor or establishment shall have his or her own current tattoo license and body-piercing artist license as a condition to administering tattoos and/or body piercings. Said tattoo license and body-piercing artist license shall not be transferable by any manner, including conveyance, sale, inheritance or the like.
The Board shall approve or deny each application for a certificate of sanitation, tattooist license and/or body-piercing artist license with a renewal thereof, either to operate a tattoo parlor or body-piercing establishment or to engage in the business of or to be employed as a tattooist, and/or body-piercing artist, which application shall be submitted to the Board and shall be approved by the Board before any certificate of sanitation, tattooist license and/or body-piercing artist license shall be issued. The Board shall also have the right to place additional restrictions upon said tattooist and/or tattoo parlor or body-piercing establishment, which shall include but not be limited to the right to place same on conditional probation for a fixed or non-fixed period of time, as well as the right to revoke or terminate said certificate of sanitation, tattooist license and/or body-piercing artist license at any time. In the event that the Board elects to suspend or revoke any tattooist license, body-piercing artist license and/or certificate of sanitation for violations of this chapter, said person or persons shall receive due notice and hearing before the actions of the Board are deemed to be permanent. However, said person or persons shall refrain from any or all business matters relating to tattooing and/or body piercing until said hearing occurs and shall continue to refrain from said business if the Board determines that the suspension and/or revocation was appropriate.
No person shall engage in the business of tattooing, body piercing or shall operate any establishment where tattooing and/or body piercing is performed or shall tattoo or pierce any other person without complying with the following requirements:
The tattoo and/or body-piercing establishment shall be maintained in a clean and sanitary manner in compliance with all applicable ordinances and regulations of the Township of Greenwich; statutes, rules and regulations of the State of New Jersey; and/or other applicable federal laws, statutes or regulations. The records, procedures and all physical portions of such tattoo parlor or body-piercing establishment are to be open for inspection at all times by the Board or its duly authorized agent or officer.
All entrance doors to the tattoo parlor and/or body-piercing establishment shall be self-closing and otherwise remain closed or effectively screened.
The tattoo parlor and/or body-piercing establishment shall be so located or constructed as to prevent the contamination of the work areas of the shop by dust from the street or sidewalk.
The shop shall be at all times maintained in a sanitary condition, consistent with the applicable ordinances and regulations of the Township of Greenwich; statutes, rules and regulations of the State of New Jersey; or applicable federal laws, statutes and regulations.
All walls, ceilings and floors shall be smooth and easily cleaned. Walls, ceilings and floors are to be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while tattooing or piercing is in operation.
Adequate light and ventilation shall be provided.
Each tattoo parlor and/or body-piercing establishment shall contain a sink for the exclusive use of the tattooist and/or body-piercing artist to wash his/her hands and prepare the customer for tattooing and/or body piercing. The sink shall be provided with adequate hot and cold running water. At the sink, soap, clean individual towels and refuse containers with self-closing lids shall also be maintained.
Adequate toilet, urinal and hand-washing facilities shall be maintained on the premises, separate and isolated from the business area in which tattooing and/or body piercing is performed, for the use of customers, tattooists and body-piercing artists. Toilets, urinals and washing facilities shall be maintained in a sanitary condition at all times. When a common toilet is used for employees and patrons, access shall not be through the work area where said tattooing and/or body piercing is being performed. Said doors to the aforedescribed toilet area shall be self-closing.
An adequate number of tables shall be provided for each tattooist and/or body-piercing artist. The surface of all work tables shall be constructed of nonabsorbent material which is smooth, of light color, corrosion resistant and easily sanitized.
The tattoo parlor and/or body-piercing establishment shall be so arranged that work tables are located at least 10 feet from observers or waiting customers or such work tables shall be separate from observers or waiting customers by panels or other barriers at least six feet high. The panel may be constructed of glass, solid plastic or similar material.
Proper closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the establishment or by the tattooist shall be provided for each tattooist and body-piercing artist. Same shall be kept sterilized at all times and shall be disposed of properly as set forth below whenever same cannot otherwise be sterile.
The tattooist, body-piercing artist, tattoo parlor and body-piercing establishment shall have proper facilities for the disposition of waste materials. Any waste materials, including but not limited to instruments, dyes, pigment, carbon stencils, needles, and other paraphernalia, which constitute hazardous or medical wastes as defined by the Environmental Protection Agency, New Jersey Department of Environmental Protection Division of Solid Waste Management or other recognized entity or law shall be removed from the premises and disposed of in the same manner as used by surrounding hospitals and medical practitioners. Said hazardous or medical waste shall not be disposed of with the Township Sanitation Department. It is further required that all needles, razors and/or pigment capsules shall be employed and otherwise used on only one patron, thereafter to be disposed of and replaced. All other equipment and/or instruments which are nondisposable shall be kept and maintained sterilized at all times by autoclave in accordance with the proper manufacturer's directions. Additionally, all autoclave equipment and/or instruments shall be thereafter stored in individual sterile containers as to ensure that said equipment and/or instruments remain sterile after the autoclaving.
Each tattooist and body-piercing artist shall be provided with individual hand brushes and fingernail files.
Each tattooist and body-piercing artist shall wear disposable rubber surgical gloves for each patron and dispose of same after each patron.
The tattoo parlor and/or body-piercing establishment shall not allow a tattooist or body-piercing artist to perform in his/her establishment unless the tattooist or body-piercing artist is the holder of a valid duly authorized license as defined in this chapter and otherwise meets all other requirements as set forth herein.
The tattoo parlor and/or body-piercing establishment shall maintain proper records for each patron. A record of each patron shall include the date on which he or she was tattooed and/or pierced, his or her name and signature, address and age, the design of the tattoo and location on his or her body, branch of service and rate or rank and serial number, if in the armed services, the name of the tattooist or body-piercing artist who tattooed and/or pierced the patron, certified medical exam (See Subsection W.), certification of health (See Subsection W.), dermatologist certification (If applicable, see Subsection W.), and the tattooist and/or body-piercing artist license number shall also be of record. The records shall be entered in ink or indelible pencil in a bound book kept solely for this purpose. The book shall be available at reasonable hours of examination by the Board or any law enforcement officer and shall be preserved for at least seven years from the date of the last entry therein. Written consent of the parent or legal guardian permitting the tattooing or piercing of individuals under 18 years of age shall be required and shall be kept on file for seven years by the holder of the license for the tattoo parlor or body-piercing establishment in which the tattoo or piercing is performed. Only tattooing or body piercing shall be permitted in the tattoo parlor or body-piercing establishment. No ancillary or similar business or ventures shall be maintained without obtaining prior written approval of the Board.
The license holder shall not permit consumption of any form of food or drink nor smoking by any person while the tattoo parlor or body-piercing establishment is open for business.
No person or operator shall state or imply in any advertisement or statement that the tattoo parlor or body-piercing establishment is endorsed, regulated or approved by the Township of Greenwich, or any department or official thereof, nor that it is being conducted in compliance with the terms of this chapter.
No animals shall be allowed, either domesticated or otherwise, within a tattoo parlor or body-piercing establishment, and no tattoos or piercing shall be affixed on same.
The tattoo parlor or body-piercing establishment and its employees, agents and/or representatives, which includes duly licensed tattooists and body-piercing artists on said premises, shall comply with all laws which directly or indirectly pertain to or in some way affect the business of tattooing and/or body piercing.
Immediately after tattooing or piercing a patron, the tattooist and/or body-piercing artist shall advise the patron on how to care for the tattoo and/or piercing and shall instruct the patron to consult a duly licensed physician at the first sign of infection concerning the tattoo or piercing area.
Said tattoo parlor or body-piercing establishment shall not operate its business outside the hours of 9:00 a.m. to 9:00 p.m., but shall otherwise comply with all other time-of-operation requirements imposed by the Township of Greenwich.
Any and all information required above, including but not limited to medical reports, blood tests and the like, shall likewise be filed with the Board and made available for public review.
The tattoo parlor or body-piercing establishment and its employees shall not provide services to persons impaired by drugs or alcohol or persons who are not legally able to consent to have same undertaken. Knowledge need not be actual knowledge, but may be implied based upon the totality of the circumstances.
The tattoo parlor or establishment and/or duly licensed tattooists therein shall not tattoo any person upon his or her initial presentation to said establishment. Said tattoo parlor or establishment and/or duly licensed tattooist may consult with said person and may otherwise advise his/her about the services it provides; however, said person shall wait 48 hours before returning to the tattoo parlor or establishment to have a tattoo thereafter affixed. The tattoo parlor or establishment shall maintain proper records of all dates of a person's initial presentation and subsequent return dates. Said forty-eight-hour waiting period shall be imposed for each tattoo a person receives. No more than one tattoo shall be issued at any time, per person, without waiting the aforedescribed forty-eight-hour waiting period.
No person with any communicable disease or contagious infection or suspected of same shall issue or receive a tattoo or body piercing. Such diseases or infections shall include but not be limited to the common cold, influenza, AIDS, tuberculosis, scabies, impetigo, syphilis or other venereal disease, chicken pox, measles, German measles, mumps, hepatitis of any form, sore throat or infections or rashes on any part of the body. All duly licensed tattooists, body-piercing artists or other persons employed by any tattoo parlor or body-piercing establishment shall initially undergo a proper medical exam, blood testing and chest x-rays to ensure that the aforedescribed communicable diseases and/or contagious infections are not present. Said initial exam shall be undertaken within 14 days of the date of the application for certificate of sanitation or tattooist/body-piercing artist license if said person is a tattooist or body-piercing artist. No person who tests positive for any of the aforedescribed communicable diseases and/or contagious infections shall be employed by any tattoo parlor or body-piercing establishment, nor return to employment, until a certified medical exam confirms that same has been resolved. Said tattoo parlor or body-piercing establishment and its employees shall have a continuing obligation to foresee that the aforedescribed conditions do not exist, and all such persons shall undergo testing for AIDS and all forms of hepatitis an additional two times per year at six-month intervals or additional times as shall be necessary and determined by the Board.
Any person employed by any tattoo parlor or body piercing establishment, including but not limited to any duly licensed tattooist and body-piercing artist, shall immediately refrain from employment in the event that he/she experiences or believes to be experiencing any symptoms of the aforedescribed communicable diseases and/or contagious infections. Under no circumstances shall a duly licensed tattooist or body-piercing artist engage in employment where he/she has a contagious rash on any part of his/her body.
No patron or prospective patron shall be serviced by any tattoo parlor or body-piercing establishment where said person has any of the aforedescribed communicable diseases and/or contagious infections. All patrons or prospective patrons shall present a certified medical report, dated within six weeks prior to the date they have presented themselves before said tattoo parlor or body-piercing establishment, demonstrating that they are free from AIDS, hepatitis of all forms and venereal disease of all forms. Further, said patron or prospective patron shall sign a proper certification that he or she does not have any of the communicable diseases and/or contagious infections on the aforedescribed list. Additionally, said patron or prospective patron who evidences visible symptoms of a skin condition, infection and/or disease shall not be tattooed unless, in addition to the above requirements, he likewise remits to the tattoo or body-piercing establishment a dermatologist certification stating that same is of a noninfectious nature. If any said patron or prospective patron fails to meet the above requirements or evidences symptoms of same which are detected by any duly licensed tattooist, services shall be refused or terminated until the above requirements have been met and said medical conditions have been resolved.
Age. It shall be a violation of this chapter for anyone or any tattoo or body piercing business to tattoo or body pierce an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the artist. The artist 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 18th birthday. The operator shall obtain a copy of a photo identification of the individual being tattooed or body pierced.
Each person wishing a tattoo or body piercing must fill out an application which will include the name, date of birth, address and telephone number of the client as well as the location(s) of the tattoo or body piercing and the name of the operator. All records are to be maintained for a minimum of two years and shall be available to the Health Officer or his authorized representative upon request.
Any person who shall knowingly or willfully make any false statement to the Board relative to any matter under this chapter or who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000 for each violation. In addition, any person convicted under this chapter shall have his or her license or certificate of sanitation suspended for one year. Each day a particular violation or offense continues shall constitute a separate violation or offense.