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.
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:
ARTIST
Refers to a person who does tattooing or body piercing.
BLOOD TESTING
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.
BOARD
The Board of Health of the Township of Greenwich or its duly
authorized agent, officer or inspector.
BODY PIERCING
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.
CERTIFICATE OF SANITATION
A certificate issued to the owner or proprietor of a tattoo
parlor or body-piercing establishment under the provisions of this
chapter.
CERTIFIED MEDICAL REPORTS
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.
COUNTY HEALTH OFFICER
Refers to the Gloucester County Public Health Coordinator
or his authorized representative of the Gloucester County Department
of Health and Senior Services.
LICENSE
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.
PERSONAL IDENTIFICATION
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.
SANITIZE
Refers to a bacterial treatment of cleaned surfaces by a
process which is effective in reducing the number of microorganisms
to a safe level.
SINGLE USE
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.
STERILIZATION
Refers to destruction of all forms of microbiotic life, including
spores, through the use of a steam sterilizer or autoclave.
TATTOO
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.
TATTOOIST
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.
TATTOO PARLOR OR ESTABLISHMENT
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.
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.
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.