[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
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.
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.
A person engaged in the practice of body piercing.
The building or structure where body piercing is practiced.
A certificate issued to the owner or proprietor of a tattoo
parlor or body-piercing establishment under the provisions of this
chapter.
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.
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.
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.
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.
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.
A.
Tattoo parlor or body-piercing establishment.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
The name and address of the applicant and all former addresses for
a period of three years prior to the making of the application.
(2)
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.
B.
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:
C.
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.
D.
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.
E.
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.
F.
All applications shall be filed with the Township Clerk.
A.
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.
B.
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:
A.
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.
B.
All entrance doors to the tattoo parlor and/or body-piercing establishment
shall be self-closing and otherwise remain closed or effectively screened.
C.
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.
D.
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.
E.
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.
F.
Adequate light and ventilation shall be provided.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Each tattooist and body-piercing artist shall be provided with individual
hand brushes and fingernail files.
N.
Each tattooist and body-piercing artist shall wear disposable rubber
surgical gloves for each patron and dispose of same after each patron.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
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.
V.
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.
W.
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.
A.
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.
B.
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.
C.
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.
(1)
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.
(2)
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.
D.
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.
E.
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.
