No person shall engage in the business of tattooing or body
piercing or shall conduct any business where tattooing or body piercing
is performed or shall perform tattooing or body piercing on any other
person, without complying with the requirements of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BODY PIERCING
The piercing or puncturing of the skin, cartilage, bone or
other tissue of the body of a person.
PERSON
Any individual, corporation, partnership, sole proprietorship
or other form of business entity which is created pursuant to Title
14 of the New Jersey Statutes.
TATTOOING
The placing of an indelible mark or figure fixed upon the
body of a person by the insertion of pigment under the skin.
No person shall engage in the business of or practice of tattooing
or body piercing of other people within the Township without first
obtaining a permit from the Township Health Department. Such an application
shall be made on an application form provided by the Township.
[Amended 10-19-2022 by Ord. No. BOH 2022-01]
The permit fee shall be hereby fixed as set forth in §
412-1, Fee schedule, for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued.
Every person engaged in the practice of tattooing or body piercing
shall submit a medical certificate to the Health Department, with
the application signed by a physician duly licensed to practice medicine
in the State of New Jersey, stating that the prospective licensee
is free from all contagious or communicable diseases or conditions
which may jeopardize the health of clients, and shall submit proof
to the Health Department that he or she has been vaccinated for hepatitis
B and has had a PPD skin test for tuberculosis.
Every person engaged in the practice of tattooing or body piercing
shall at all times comply with the following requirements:
A. All tattoo and body piercing related procedures are to be carried
out in a clean, safe, and sanitary manner as approved by the Township
Health Department so as to minimize the potential of disease transmission.
B. All areas of the tattoo or body piercing establishments shall be
constructed and maintained in a clean, safe and sanitary manner in
compliance with all applicable statutes, laws, regulations, codes
and ordinances of the Township and the State of New Jersey.
C. All walls, ceilings and floors shall be smooth and easily cleaned.
Walls and ceilings 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 body piercing services
are occurring.
D. Adequate light and ventilation shall be provided.
E. Adequate toilet and hand washing facilities shall be available in
the establishment separate and isolated from the business area in
which tattooing or body piercing is performed, for the use of customers
and personnel of the establishment. Toilets and washing facilities
shall be maintained in a sanitary condition at all times.
F. Separate areas must be maintained for tattooing and body piercing.
Only tattooing shall be permitted in the tattoo area and only body
piercing shall be permitted in the body piercing area.
G. All areas of the establishments are to be accessible for inspection
by the Township Health Department and its authorized representatives.
H. Only Food and Drug Administration (FDA) approved dyes shall be used
in the tattooing process and no home made dyes may be used. All such
solutions shall be maintained in a sterile condition by methods approved
by the Township Health Department prior to use.
I. All instruments used in connection with the preparation for or process
of tattooing, body piercing or manicures or pedicures shall be sterilized
by a sterilizer (autoclave) or an alternate sterilization method which
has been approved by the Mount Olive Board of Health before each use.
Sterilization of equipment will be accomplished by exposure to live
steam for a least 60 minutes at a minimum pressure of 15 pounds per
square inch and temperatures of not less than 250° F. if an autoclave
is used. The owner or person in charge of the establishment shall
be responsible for maintaining a log which indicates that the autoclave
has been checked during each cycle, and meets the aforementioned standards.
All cleaned and ready-to-use needles and instruments shall be stored
in a protective manner to prevent subsequent contamination. If disposable
instruments are used, those instruments shall be disposed of in accordance
with applicable laws.
J. Permanent records for each patron shall be maintained by the owner
of the tattoo establishment or body piercing establishment. These
records shall be maintained for a minimum period of four years except
if the patron is under 18 years of age in which event these records
shall be maintained a minimum of four years from the 18th birthday
of said patron and shall include the following information:
(1) Name, address, sex and age of the person tattooed or body pierced.
(2) Date of tattoo and date of body piercing.
(3) Physical location and description of tattoo and physical location
and description of body piercing.
(4) Name, address and other information about the manufacturer of the
dyes used as well as information about the dye solutions and types
of dyes used. If a customer has a need for this information, then
the establishment must release it to the customer.
(5) Name, address and telephone number of the person applying the tattoo
and name, address and telephone number of the person performing the
body piercing.
(6) Parent or legal guardian written consent form for minors.
(7) At such time when the tattoo establishment or body piercing establishment
ceases doing business or is removed from the Township or changes its
name or has a change in management or ownership, all such records
shall be turned over to the Township Health Department.
K. More than one set of sterilized needles, tubes and tips or alternate
approved sterilization method shall be kept on the premises at all
times.
L. No person, customer or patron having any skin infection or other
diseases of the skin or any communicable disease shall be tattooed
or have body piercing performed. All infections resulting from the
practice of tattooing or body piercing which become known to the owner
or person in charge of the tattooing establishment or body piercing
establishment shall promptly be reported to the Township Health Department
by the person owning or in charge of the tattoo or body piercing establishment
and the infected client shall be referred to a physician.
M. It shall be unlawful to tattoo any person, perform body piercing
or a manicure or pedicure on any person under the age of 18 years
without written consent of his/her parent or guardian, and such written
consent shall be kept on file for at least four years at the establishments
where the tattooing, body piercing or manicure or pedicure is performed
from the eighteenth birthday of the minor. Where there is doubt about
such an age, the person in charge of the establishment shall obtain
written proof thereof before the tattooing or body piercing is done.
Written proof of age must be photocopied and kept by the owner or
person in charge of the establishment. All customers under 18 years
of age must be accompanied by a parent or legal guardian. Both customer
and parent or guardian must sign a consent form and a driver's license
or other appropriate form of identification shall be photocopied and
attached to the consent form.
N. No person shall state or imply in an advertisement or in any other
way that the tattooing or body piercing establishment is endorsed,
regulated or approved by the Township or by any of its departments
or is conducted in compliance with the terms of this chapter.
O. Immediately after tattooing or body piercing a patron, the person
who performed the procedure shall advise that patron of the care of
the tattoo or body pierced area and shall instruct the patron to consult
a physician at the first sign of infection.
P. The person applying the tattoo or performing the body piercing shall
wear protective, disposable latex or vinyl gloves while applying the
tattoo or performing body piercing.
Q. The name, address and telephone number of the establishment must
be on the heading of all waivers, care sheets, consent and other forms
utilized by the establishment.
R. Information pertaining to employees.
(1) The establishment must file with the Health Department annually with
the license application and any renewal thereof a list of the following
information for each employee:
(2) The owner or person in charge of the establishment shall amend the
list accordingly and submit it to the Health Department immediately
upon the addition of an employee or termination of an employee.
Any person violating any of the provisions of this chapter shall,
upon conviction, be subject to a fine not exceeding $1,000 or imprisonment
not exceeding 90 days or community service not exceeding 90 days or
all of the above.