[HISTORY: Adopted by the Mayor and Council of the Borough
of Palmyra 9-12-2011 by Ord. No.
2011-24. Amendments noted where applicable.]
A.
The Borough of Palmyra (hereinafter "Borough") hereby adopts and
incorporates herein the provisions of N.J.A.C. 8:27-1 et seq. (hereinafter
the "state regulations").
B.
It shall be unlawful for any person, business, or other entity to
conduct "body art" as defined in and governed by the state regulations
without first having procured a license from the Borough Council and
without complying with all of the provisions concerning operation
and maintenance of a body art establishment as contained in the aforementioned
state regulations and this chapter.
For purpose of this chapter, the Borough Council or, in the
discretion of the Borough Council, the Palmyra Board of Health shall
be the local health authority referred to in the state regulations.
Any periodic inspections required by the state regulations or by the
provisions of this chapter shall be carried out by the Burlington
County Health Department, or such other designee of Borough Council.
A.
License mandated. Any person, business or other entity desiring to
construct, expand, alter, or operate a permanent cosmetic, tattooing,
or ear or body piercing establishment shall apply in writing to the
Borough Council for review and approval before such construction,
expansion, alteration or operation is begun. Such application shall
include all information required by the state regulations, including
but not limited to the requirements set forth at N.J.A.C. 8:27-2.1.
This license shall be renewed annually.
B.
Time for review of application for license. The Borough Council shall
review the application for compliance with all the provisions of the
state regulations to include the final plans, specifications, and
reports and shall either approve or disapprove the application in
writing within 30 business days from the date of submission to the
Borough Council.
C.
Denial. Persons or entities denied approval shall be notified in
writing by the Borough Council. Such notice shall specify the reason(s)
for the action, and shall provide for the opportunity of a hearing
before the Borough Council within a reasonable time, not to exceed
15 business days from the date the Council denied approval of the
application.
D.
Fee. The fees for the initial and annual licensure of body art establishments
are hereby fixed at $100 per annum.
A.
The license to operate a body art establishment may be suspended
at any time, when in the opinion of the Borough Council such action
is necessary to abate a present or threatened menace to the public
health.
B.
In accordance with the state regulations, including but not limited
to the provisions of 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, 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;
(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, 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 Borough unless application for such establishment has been approved
from the Borough Council.
Any person, business or other entity who shall violate any provision
of this chapter or who shall refuse to comply with a lawful order
or directive of the Borough Council shall be liable for penalties
as provided by N.J.S.A. 26:1A-10, and any other applicable law and/or
injunctive action as provided by law, or both.
