[HISTORY:[1] Adopted by the City Council of the City of Garfield 12-7-1993 by Ord. No. 2135 (Ch. 163, Art. III, of the 1979 Code). Amendments noted where applicable.]
[1]
Editor’s Note: The title of this chapter was revised from "Tattoo Artists" to "Tattoo Artists and Body Piercing" 6-13-2011 by Ord. No. 2614.
[Amended 6-13-2011 by Ord. No. 2614]
It shall be unlawful for any person to engage in the business or act in the capacity of a body piercing and/or tattoo artist within the City of Garfield without first having obtained an annual license therefor as provided herein.
As used in this chapter, the following terms shall have the following meanings:
BODY PIERCING
A form of body modification including the practice of puncturing or cutting a part of the human body, which may include creating an opening in which jewelry may be inserted, hung or placed.
[Added 6-13-2011 by Ord. No. 2614]
MINOR
A person under 18 years of age.
TATTOO
The indelible or temporary mark or figure affixed upon the surface of the human body by the insertion of pigment under the skin, by production of scars or other methods.
TATTOO ARTIST or TATTOOER
A person who forms or removes tattoos.
TATTOO PARLOR OR ESTABLISHMENT
Any establishment or operation wherein a tattoo is removed or affixed upon the surface of the human body for any form of consideration.
A. 
Application for licenses under this chapter shall be made to the City Clerk, in writing, upon such printed forms as the Clerk shall prescribe and prepare. Such forms may be obtained from the office of the City Clerk and shall be signed by the applicant under oath and shall contain the following information:
(1) 
If an individual, the full name, age, sex and residence address at the time of application.
(2) 
If a corporation, the full corporate name, the date and state of incorporation, address of the place or places of business, the name and address of the registered agent and the name, address and age of any principal owning more than 10% of the stock.
(3) 
If a partnership, the information required by Subsection A(1) above for each partner and the name under which the business is being conducted.
(4) 
The educational and/or business experience of the applicant in the business or occupation for which the license is sought.
(5) 
The length of time that the applicant has been engaged in such business or occupation.
(6) 
Whether the applicant carries public liability insurance and, if so, the amount of said coverage and the company providing such liability insurance.
(7) 
Whether the applicant has ever been convicted of any criminal violation, the date, nature and disposition of such criminal charges, summons, complaint or indictment.
(8) 
Name, address and age of every person to be initially employed to conduct the service. This shall be a continuing obligation for licensees to update the list of employees.
(9) 
State date upon which Zoning Department has approved the location for the business.
B. 
Investigation and issuance. Upon receipt of an application, the City Clerk will cause to be conducted a brief inquiry by the Police Department, Zoning Officer and any other department or agency of the City of Garfield or State of New Jersey to verify the information contained in the application. Such inquiry shall be designed to include the reputation, business responsibility, reliability, criminal background and motor vehicle license abstracts of the applicant and all persons having management or supervision.[1] It shall further include an inquiry or investigation of the proposed location and items proposed to be sold or used in the business or enterprise of tattooing.
[1]
Editor's Note: See Ch. 48, Art. VI, Criminal History Record Checks.
C. 
The City Clerk may deny an application where the investigation or inquiry demonstrates that:
(1) 
The information set forth in the application is fraudulent or misleading;
(2) 
The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has not been expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which offense relates adversely to the business for which the license is sought. In this regard the City Clerk shall be guided by N.J.S.A. 2A:168A-2;
(3) 
The applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors;
(4) 
The proposed location is not a proper area and will cause obstruction of the public right-of-way or sidewalks or create a neighborhood disturbance as so stated by the Police Department;
(5) 
The real estate property taxes or assessments for the proposed location are delinquent for more than six months;
(6) 
The roadways adjacent to the location, its ingress and egress are inadequately designed for safe traffic or pedestrian circulation;
(7) 
The proposed hours of business or nature of the business will coincide or overlap other business or activities currently permitted at the same location; or
(8) 
The proposed means of advertising, marketing, display or exhibition is contrary to the Zoning or Building Code or other ordinances of the City of Garfield.
D. 
The City Clerk shall not issue any license until the City Health Official shall issue a certificate stating that the proposed tattoo parlor, body piercing business, instruments and applicant have met all applicable state, federal and municipal health codes and regulations.
[Amended 6-13-2011 by Ord. No. 2614]
The license shall be renewable annually, and the original and renewal application shall be only accepted by the City Clerk between January 31 and March 1 of each year.
[Amended 8-3-1999 by Ord. No. 2271]
No person or entity shall operate a tattoo parlor or engage in any activity as a tattoo artist in the City of Garfield in any zone except a business zone and subject to the following restrictions:
A. 
The premises in question must be located in a B-1 Business Zone.
B. 
The premises in question must be located on Route 46.
C. 
The property and the structures lawfully existing thereon must not be within 1,000 feet of a church and/or house of worship.
D. 
The property and the structures lawfully existing thereon must not be within 1,000 feet of a day-care center.
E. 
The property and structures lawfully existing thereon must not be within 1,000 feet of a school.
F. 
A parcel to be used and occupied for adult entertainment shall not adjoin, abut nor be located within 100 feet of a residential zone or a residentially developed parcel of land.
G. 
The premises and all other structures lawfully thereon must in all and other respects comply with the zoning requirements for the B-1 District, as established by Chapter 341, Zoning, of the Code of the City of Garfield.
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of this chapter shall, on conviction, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.