[HISTORY: Adopted by the Township Council of the Township of Pemberton 3-21-2002
by Ord. No. 4-2002. Amendments noted where applicable.]
It shall be unlawful for any person or any body corporate to conduct
"body art," as defined in and governed by state regulations, N.J.A.C. 8:27-1
et seq., without first having procured a license from the local Board of Health
and without complying with any or all of the provisions concerning operation
and maintenance of a "body art establishment," as contained in the aforementioned
date regulations and this chapter.
The enforcement official designated to enforce the provisions of this
chapter shall be the Burlington County Health Department on behalf of the
Township of Pemberton. Periodic inspections shall be carried out by the Burlington
County Health Department.
A.
License mandated. Any person desiring to construct, expand,
alter, or operate a permanent cosmetic, tattooing, or ear- or body-piercing
establishment shall apply in writing to the Board of Health for the Township
of Pemberton for review and approval before such construction, expansion,
alteration or operation is begun. Such application shall include all information
required at N.J.A.C. 8:27-2.1. This license shall be renewed annually.
B.
Time for review of application for license. The Board
of Health of the Township of Pemberton shall review the application for compliance
with all the provisions of N.J.A.C. 8:27-2.1 to include the final plans, specifications,
and reports and shall either approve or disapprove of the application in writing
within 30 business days from the date of submission.
C.
Denial. Persons denied approval shall be notified in
writing by the Board of Health of the Township of Pemberton. Such notice shall
specify the reason(s) for the action and shall give the person(s) denied approval
the opportunity of a hearing with the Board of Health of the Township of Pemberton
within a reasonable time, not to exceed 15 business days from the date the
Board of Health of the Township of Pemberton denied approval of the application.
D.
Fee. The fee for annual licensure of a body art establishment
is hereby fixed at $20 per annum.
A.
The license of any person to operate a body art establishment
may be suspended at any time when in the opinion of the Board of Health of
the Township of Pemberton such action is necessary to abate a present or threatened
menace to the public health.
B.
In accordance with N.J.A.C. 8:27-11.3(b), the following
shall be reason(s) for closure:
(1)
Failure or lack of properly functioning equipment;
(2)
Unsanitary or unsafe conditions which may adversely impact
the health of the public;
(3)
The health authority has reasonable cause to suspect
that a communicable disease is being, or may be, transmitted by an operator/practitioner;
(4)
The practitioner(s) has demonstrated gross incompetence
in performing body piercing, ear piercing, tattooing, or micropigmentation;
(5)
The owner obtained or attempted to obtain a permit by
means of fraud, misrepresentation or concealment;
(6)
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;
(7)
The owner or practitioner(s) has permitted a genital
piercing upon a person under 18 years of age; or
(8)
The operator has failed to prevent implants, branding
and cutting to be performed in a body art establishment.
C.
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:
(1)
Failure to report to the health authority within 24 hours
any infection or injury requiring a medical referral;
(2)
Performing a body art procedure on any person under the
age of 18 years of age without the presence, written consent, and proper identification
of a parent or legal guardian;
(3)
Failure to notify the health authority within 24 hours
of positive biological indicator test result of the autoclave; or
(4)
Using an ear-piercing instrument for any part of the
body other than the ear lobes and trailing edge of the ear.
D.
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 Township, unless application for such establishment has been approved
by the Board of Health of the Township of Pemberton.
Any person who shall violate any provision of this chapter or who shall
refuse to comply with a lawful order or directive of the Board of Health of
the Town of Pemberton, shall be liable for penalties as provided by N.J.S.A.
26:1A-10, the general penalty provision established for violations of this
Code, and all other applicable law and/or injunctive action as provided by
law.
