[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 9-12-2011 by Ord. No. 2011-24. Amendments noted where applicable.]
The Borough of Palmyra (hereinafter "Borough") hereby adopts and incorporates herein the provisions of N.J.A.C. 8:27-1 et seq. (hereinafter the "state regulations").
It shall be unlawful for any person, business, or other entity to conduct "body art" as defined in and governed by the state regulations without first having procured a license from the Borough Council and without complying with all of the provisions concerning operation and maintenance of a body art establishment as contained in the aforementioned state regulations and this chapter.
For purpose of this chapter, the Borough Council or, in the discretion of the Borough Council, the Palmyra Board of Health shall be the local health authority referred to in the state regulations. Any periodic inspections required by the state regulations or by the provisions of this chapter shall be carried out by the Burlington County Health Department, or such other designee of Borough Council.
License mandated. Any person, business or other entity desiring to construct, expand, alter, or operate a permanent cosmetic, tattooing, or ear or body piercing establishment shall apply in writing to the Borough Council for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include all information required by the state regulations, including but not limited to the requirements set forth at N.J.A.C. 8:27-2.1. This license shall be renewed annually.
Time for review of application for license. The Borough Council shall review the application for compliance with all the provisions of the state regulations to include the final plans, specifications, and reports and shall either approve or disapprove the application in writing within 30 business days from the date of submission to the Borough Council.
Denial. Persons or entities denied approval shall be notified in writing by the Borough Council. Such notice shall specify the reason(s) for the action, and shall provide for the opportunity of a hearing before the Borough Council within a reasonable time, not to exceed 15 business days from the date the Council denied approval of the application.
Fee. The fees for the initial and annual licensure of body art establishments are hereby fixed at $100 per annum.
The license to operate a body art establishment may be suspended at any time, when in the opinion of the Borough Council such action is necessary to abate a present or threatened menace to the public health.
In accordance with the state regulations, including but not limited to the provisions of N.J.A.C. 8:27-11.3(b), the following shall be reason(s) for closure:
Failure or lack of properly functioning equipment;
Unsanitary or unsafe conditions which may adversely impact the health of the public;
The health authority has reasonable cause to suspect that a communicable disease is, or may be, transmitted by an operator/practitioner;
The practitioner(s) has demonstrated gross incompetence in performing body piercing, ear piercing, tattooing, or micropigmentation;
The owner obtained or attempted to obtain a permit by means of fraud, misrepresentation or concealment;
The owner or practitioner(s) has been convicted in this or any other state of a crime directly related to the practice of tattooing, micropigmentation, body piercing or ear piercing;
The owner or practitioner(s) has permitted a genital piercing upon a person under 18 years of age;
The operator has failed to prevent implants, branding and cutting to be performed in a body art establishment.
In accordance with N.J.A.C. 8:27-11.3(c), the following shall be reason(s) for, at a minimum, a seven-day suspension:
Failure to report to the health authority within 24 hours any infection or injury requiring a medical referral;
Performing a body art procedure on any person under the age of 18 years, without the presence, written consent, and proper identification of a parent or legal guardian;
Failure to notify the health authority within 24 hours of positive biological indicator test result of the autoclave; or
Using an ear piercing instrument for any part of the body other than the ear lobes and trailing edge of the ear.
If any such license shall have been revoked, neither the holder nor any person acting for him, directly or indirectly, shall be entitled to another license to operate another body art establishment within the Borough unless application for such establishment has been approved from the Borough Council.
Any person, business or other entity who shall violate any provision of this chapter or who shall refuse to comply with a lawful order or directive of the Borough Council shall be liable for penalties as provided by N.J.S.A. 26:1A-10, and any other applicable law and/or injunctive action as provided by law, or both.