[HISTORY: Adopted by the Board of Health of the Borough of Edgewater 10-27-2014 by Ord. No. 2014-2. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
- BODY ART
- The practice of physical body adornment in permitted establishments by operations utilizing, but not limited to, the following techniques: body piercing, tattooing and permanent cosmetics.
- BODY ART ESTABLISHMENT
- Any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
- BODY PIERCING
- The 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.
- EAR PIERCING
- The puncturing of ear lobe and the trailing edge of the ear using a presterilized, single-use stud-and-clasp ear-piercing system following manufacturer's instructions.
- Any person that performs the act of tattooing, permanent cosmetics and/or ear and body piercing.
- Any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.
No person, corporation or entity shall operate any establishment or utilize any premises in the Borough of Edgewater as or for a body art establishment unless or until there first has been obtained a license for such establishment or premises from the Board of Health in accordance with the terms and provisions of this chapter.
Each and every applicant for a license to be used for a body art establishment shall set forth the following information in writing or on forms provided by the Board of Health Secretary:
The name and residence address of the applicant and all former addresses for a period of three years prior to making the application.
The address of the establishment or premises to be used in the body art business and a physical description of the property and facilities if the applicant desires a license for said establishment or premises.
Proof of receipt of a license as a body art/employer from the State of New Jersey.
The applicant for a license for a body art establishment or premises shall pay an annual license fee, which license fee shall become due on the first of January each year.
The Board of Health shall approve the issuance of a body art establishment license if all requirements for a body art establishment described in this chapter are met, unless it is found that the operation as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, the Building, Health, Housing, Zoning and Fire Codes of the Borough of Edgewater.
Any license issued for a body art establishment may be revoked or suspended by the Board of Health, after a public hearing before the Board of Health, where it is found that any of the provisions of the chapter are violated.
The Board of Health, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against the licensee and the opportunity for a public hearing before the Board of Health, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
A recognizable and legible sign shall be posted at the main entrance to any building or to the portion of a building used as a body art establishment identifying the premises as a body art establishment, and recognizable and legible signs shall be posted in all exits identifying each such exit. All such signs shall be posted in accordance with all existing municipal ordinances.
It shall be unlawful for any person, corporation or entity to conduct a body art establishment, as defined in and governed by N.J.A.C. 8:27-1 et seq., without complying with all of the provisions concerning operation and maintenance of a body art establishment as set forth therein.