[HISTORY: Adopted by the Township Committee of the Township of Elk 4-1-2010 by Ord. No. O-2010-6. Amendments noted where applicable.]
The Township Committee of Elk Township has general jurisdiction under N.J.S.A. 26:3-64 to adopt health ordinances for the control of disease and improvement of health of its citizens, and the New Jersey Administrative Code authorizes the regulation of establishments that engage in the practice of tattooing, body piercing, ear piercing and the application of permanent cosmetics.
There is a need for the regulation of these establishments because of the potential danger for the spreading of communicable disease unless there are safeguards in place to ensure that the processes are safe and administered in accordance with the appropriate regulations.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who performs the art of body piercing under the direct supervision of a practitioner in order to learn body art procedures.
- BODY ART
- The practice of physical body adornment is permitted in establishments operated by licensed operators utilizing, but not limited to, the following techniques: body piercing; tattooing; and permanent cosmetics. Body piercing includes piercing of any portion of the ear with the exception of the ear lobe.
- BODY ART ESTABLISHMENT LICENSE
- A license issued to the owner of a body art establishment to operate a business under the provisions of this chapter.
- BODY ART STUDIO
- Any premises, operated by a licensed operator(s), utilizing, but not limited to, the following techniques: body piercing; tattooing; and permanent cosmetics for a fee or other consideration.
- BODY PIERCING
- Puncturing or penetration of the skin of a person using presterilized single-use needles and the insertion of presterilized or disinfected jewelry or other adornment thereto in the opening. Such definition shall not apply to medical services performed by a licensed physician.
- CERTIFICATE OF INSPECTION
- A certificate of approval from the Gloucester County Department of Health that a body art and body art establishment has been inspected and meets all of the requirements of this chapter.
- LEGAL GUARDIAN
- An individual who, by legal appointment or by the effect of written law, has been given custody of a minor or adult.
- The owner or owner's designee having ownership, control or custody of any place of business or employment and who manages the day-to-day operations of the body art establishment.
- Any person who performs body piercing, inclusive of piercing of any portion of the ear with the exception of the ear lobe.
No person shall engage in the business of body art and body piercing, whether for compensation or not, operate any establishment where body piercing or body art is performed, whether for compensation or not, or body pierce or body art any person, whether for compensation or not, without complying with the requirements of this chapter, pursuant to local rules and regulations, as well as the regulations of the State of New Jersey, or regulations about to be adopted, including the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.
No person shall display a sign or in any way advertise or purport to be a body art practitioner or be engaged in the business of body art without first applying for and obtaining a body art establishment license for the facility from the Gloucester County Department of Health.
No license to operate a body art establishment shall be issued unless a satisfactory certificate of inspection for the establishment has been issued by the Gloucester County Department of Health. No satisfactory certificate of inspection shall be issued unless the body art establishment was inspected and approved by the Department of Health and found to be in compliance with the requirements of this chapter and N.J.A.C. 8:27-1.1 et seq. The most recent certificate of inspection shall be posted in a conspicuous place near the public entrance of the establishment where it may be readily observed by all patrons.
The fee for a body art establishment license shall be as set forth in Chapter ___, Fees, for a one-year licensing period from January 1 to December 31. All licenses issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. At least 30 days prior to expiration of a license, the licensee shall make an application for renewal with the Department of Health. Failure to file for a timely renewal shall cause the establishment to be closed until the appropriate inspection can be made.
Each body piercing establishment license issued by the Township of Elk shall contain a registration number, and no such license shall be transferable to another person or entity or from establishment to establishment. The license shall be posted in a conspicuous place near the public entrance of the establishment where it may be readily observed by all patrons.
Any person desiring to construct a new or substantially renovate, expand or substantially alter an existing licensed body art establishment shall submit plans and specifications to the Department of Health for review and final approval prior to the issuance of any building permits and prior to such renovations, expansions or alterations taking place.
A valid certificate of occupancy issued by the Construction Official shall be required for the operation of a body art establishment. A certificate of occupancy shall be issued for newly constructed establishments and for establishments that have changed ownership. Any new establishment must comply with the Township land use ordinances and submit any appropriate applications to the Planning or Zoning Board as may be required.
A person who receives an approval to begin work to operate a body art establishment shall utilize this approval by either the commencement of construction of a facility or the operation of a body art establishment within 60 days of the issuance of the license or the approval shall expire.
In addition to the requirements regarding the body art establishment in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq., any person desiring to engage in body piercing shall apply to the Gloucester County Department of Health, in writing, on forms promulgated and supplied by the Department of Health. Such forms shall be duly verified by the applicant.
The applicant shall set forth:
The name, permanent addresses and telephone number of the applicant and all apprentices and practitioners employed, whether paid or not.
The address and telephone number of the manager of the business, if different from the applicant.
If the applicant is a corporation, partnership, LLP or LLC, the name and address of its registered agent.
The full business name, business address and post office address of the proposed establishment.
A copy of the New Jersey sales tax certificate.
If the applicant is a corporation, partnership or firm, the federal employer identification number (EIN) and the social security number if the applicant is a proprietorship.
A certificate that the applicant is a citizen of the United States or, if not, is a holder of documentation authorizing the alien to be employed in the United States of America, such as an alien registration card issued by the United States Immigration and Naturalization Services (INS) on Form No. I-151, I-551 or I-94 with an endorsement authorizing employment in the United States of America.
If the applicant is a partnership, firm or corporation, all information required by the applicant shall apply not only to the partnership, firm or corporation, but also to each officer, director or holder of 10% of the issued stock, if a corporation, and to all members of a partnership or firm.
Proof of general liability insurance equal to the amount of $500,000 of liability coverage for the applicant, operator and/or owner of the establishment and proof of malpractice liability insurance equal to the amount of $500,000 for the applicant, operator and/or owner of the establishment. Such insurance policies shall name the Township as an additional insured. Proof shall include a certificate of insurance issued to the applicant by an insurance company licensed to do business in the State of New Jersey.
Each practitioner shall have completed a first aid certification course sponsored by the American Red Cross. First aid certification for all practitioners who perform body art shall be current, and a copy of each practitioner's certification shall be submitted with the initial application and any subsequent renewal applications for a license.
The applicant shall furnish proof of the operator, practitioner and apprentice having completed a blood-borne pathogens training course from the American Red Cross, the Association of Professional Piercers or a provider approved by the New Jersey Department of Health and Senior Services. Proof of training shall be provided with the initial application and any subsequent renewal applications for a license. Blood-borne pathogens training shall be in accordance with the Occupational Safety and Health Administration (OSHA) Rule 29 CFR Part 1910.1030, incorporated herein by reference and as amended and supplemented.
Proof of hepatitis B immunizations series shall be provided for each practitioner, apprentice and any other employee with a potential occupational exposure to blood and bodily fluids. If the employee cannot obtain the vaccinations for medical reasons, s(he) shall submit to the Health Division a letter from a licensed physician certifying that the individual does not have hepatitis B and the vaccination is contraindicated.
With the initial application and any subsequent renewal applications for a license, the applicant shall provide proof of a written agreement for consultative services with a physician licensed in the State of New Jersey. The written agreement shall, at a minimum, include skin conditions, after-care procedures, infections and employee health issues.
With the initial application for a license, the applicant shall furnish proof of the operator having experience in the operation of a body art facility for a period of at least 12 months. Forms of proof shall be those specified in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq., as amended and supplemented.
With the application, the applicant shall furnish proof of each practitioner having completed a minimum 1,000 hours of experience performing the art of body piercing at a licensed body piercing facility as an apprentice prior to being qualified as a practitioner. Forms of proof shall be those specified in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq., as amended and supplemented. The proof of 1,000 hours of experience required under this section shall be submitted in the form of a notarized statement.
The applicant shall submit a written training program to the Health Division if the body art establishment will provide training to apprentices.
Each body piercing establishment shall have at least one individualized, enclosed body art room, separate and apart from observers and waiting customers. Body art shall not be performed in any other part of the establishment except in the body art room. Body art rooms shall be used for no other purpose. The room in which body art is done shall have an area of not less than 100 square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface. Walls and ceilings shall be light colored. Walls, ceilings and floors shall be kept clean. The floor shall be swept and wet-mopped daily. Floors, walls or ceilings shall not be swept or cleaned while body art is being performed.
Access to rest rooms used by patrons or the public shall not be through rooms or areas used for body piercing procedures, storage, equipment washing, disinfection or sterilization. The lavatory shall be supplied with hot and cold running water, hand-washing soap and disposable single-use sanitary towels.
A hand-washing sink shall be conveniently located in each room where body piercing procedures are performed. At least one hand sink shall be provided for every two work stations. Each hand-washing sink shall be supplied with hot and cold running water, handwashing soap, disposable single-use sanitary towels and shall be maintained so as to permit convenient and expeditious use by employees.
Use of bar-type soap at any handwashing sink in the establishment shall be prohibited. Only liquid handwashing soap shall be permitted at such sinks.
All work tables in the procedure room or areas shall be constructed of easily cleanable impervious material and shall be separated from waiting customers or observers. The surface of all work tables shall be constructed of metal or other material which is smooth, nonabsorbent, corrosive-resistant and easily sanitized.
The chair and/or table upon which a patron will be positioned during the body art process shall be constructed whereby it is covered with a smooth, nonporous material. Any portion of the chair and/or table with which a patron's exposed skin may come into contact shall be covered with sanitary tissue and/or paper towel which shall be discarded upon completion of work on a patron. Following work being performed on a patron, the patron's chair and/or table shall be thoroughly cleaned with an antibacterial solution.
Each body art establishment shall have proper closed and locked cabinets for the exclusive storage of instruments and other body art paraphernalia used in the establishment.
The entire premises and all equipment shall be maintained in a clean, sanitary condition and in good repair.
It shall be unlawful for any person to tattoo or pierce any part or parts of an individual under the age of 18 years who is not accompanied by a parent or legal guardian during the entire procedure.
All tattoo/body piercing establishments within the Township of Elk shall post a sign, not less than six inches by eight inches, in a conspicuous place near each cash register in all retail establishments offering said services containing the following language: "Tattooing or body piercing of a minor is prohibited by Ordinance O-2010-6 of the Revised General Ordinances of the Township of Elk unless a parent or legal guardian is present throughout the entire procedure. A person who pierces/tattoos a person under 18 years of age shall be prosecuted in accordance with local ordinance."
If the client's parents and/or legal guardians are suspected to be under the influence of alcohol, drugs or any other behavioral-modifying substance, the operator and/or practitioner shall refuse the client.
It shall be unlawful for any person to operate a body art facility unless it is at all times under the direct supervision of an operator.
It shall be unlawful for an apprentice to perform any body art procedures upon any person without the direct supervision of a practitioner.
The Health Officer may conduct periodic inspections, with or without notice, of any establishment engaged in body art procedures that are governed by this chapter for the purpose of determining whether or not such establishment and the persons performing the art therein are in compliance with all applicable health provisions. It shall be unlawful for any person or operator of a body art establishment to willfully prevent or restrain the Health Officer or his or her designee from entering any establishment where body art procedures are being performed for the purpose of inspecting such premises, equipment and records after proper identification is presented to the operator.
The Health Officer may revoke and remove the license for the operation of a body art establishment at any time and summarily order the establishment closed when, in the opinion of the Health Officer or his or her designee, such action is necessary to abate an existing or threatened menace to public health. In summarily ordering an establishment closed, the Health Officer or his or her designee may request assistance from public safety officers of the Township of Elk. Immediate closure shall be in addition to and shall supplement any other penalty or remedy that may be authorized by N.J.A.C. 8:27-1.1 et seq., or the Code of the Township of Elk, as the same may be from time to time amended and supplemented.
A person whose license has been revoked shall have the right to apply to the Township of Elk to reinstate that license. The applicant shall apply before the Township Committee of the Township of Elk demonstrating that it is in compliance with all local and state regulations, and the Gloucester County Health Officer shall submit his/her position with respect to the reinstatement sought.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court having jurisdiction therein.
All prior ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.
Should any section, clause, sentence, phrase or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.
This chapter shall take effect immediately upon final passage and publication in accordance with law.