As used in this article, the following terms shall have the
meanings indicated:
BODY ART
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
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, provided it is compliant
with Town of Boonton zoning ordinances.
BODY ART PRACTITIONER
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
CERTIFICATE OF INSPECTIONS
Written approval from the Department of Health of the Town
of Boonton indicating that a tattoo establishment has been inspected
and meets all of the requirements of this article.
DEPARTMENT
The Department of Health of the Town of Boonton or its duly
authorized agent, officer or inspector.
LICENSE TO OPERATE
A license issued to the owner of a tattoo studio to operate
a business under the provisions of this article.
OWNER
Any individual, firm, company, partnership, corporation or
association that owns and/or operates an establishment where body
art is performed.
REGISTRATION
A registration issued to a tattoo artist under the provisions
of this article.
TATTOO or TATTOOING
Any method of placing nontoxic inks or 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.
TEMPORARY BODY ART ESTABLISHMENT
Any booth, building, room, shop, store, structure, or portion
thereof, where body art procedures are temporarily performed during
a trade show, product demonstration, educational seminar or special
event, for a period of time not more than 14 days.
This article shall govern all businesses that offer tattooing,
permanent cosmetics, and ear 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. Under the authority of N.J.S.A. 26:1A-9, the provisions of
this article are enforceable by the New Jersey State Department of
Health and the Town of Boonton Health Department.
A code regulating body art establishments and fixing penalties
is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy
of the code is annexed to this article and made part of it without
the inclusion of text. A copy of this code may be found on file in
the Town of Boonton Health Department.
The code established and adopted by this article is described
and commonly known as the "New Jersey State Sanitary Code, Chapter
8, Body Art Procedures, N.J.A.C. 8:27-1 et seq."
No person, partnership, firm or corporation shall operate a
body art establishment unless such person, partnership, firm or corporation
has registered such shop with the Department of Health and has received
a certificate of inspection from said Department. No certificate of
inspection shall be issued unless the establishment was inspected
by the Department of Health and found to be in compliance with the
requirements of this article. (N.J.A.C. 8:27-1)
In addition to any other penalty that may be imposed by §
303-98, after due notice and hearing before the Health Officer of the Town of Boonton or his/her designee, the Department may suspend or revoke any body art practitioner registration, any license to operate a body art establishment issued pursuant to this article for violations of the provisions of the section.
In order to qualify for a certificate of inspection there must
be compliance with the following requirements:
A. The establishment shall be so located or constructed as to prevent
the contamination of the work areas of the establishment by dust from
the street or sidewalk.
B. The building and equipment shall be maintained in a state of good
repair at all times. All parts of the establishment shall be kept
neat, clean and free from litter and rubbish.
C. All walls, ceilings and floors shall be smooth, made of nonporous
material and easily cleaned. Walls, ceilings and floors shall be kept
clean and free from dust and debris. The floor shall be swept and
wet mopped daily. Floors, walls or ceilings shall not be swept or
cleaned while tattooing is in operation.
D. Adequate light and ventilation shall be provided.
E. At least one hand-sink with hot and cold running water under pressure,
and equipped with wrist-, foot-, or sensor-operated controls and supplied
with liquid soap, disposable paper towels and refuse containers shall
be readily accessible and provided for every two work stations within
the body art establishment.
F. Adequate toilet, urinal and handwashing facilities shall be available
on the establishment premises for the use of customers and body art
practitioners. Toilets, urinals and hand washing facilities shall
be maintained in a sanitary condition at all times.
G. Furniture in the procedure rooms shall be of nonporous materials
and cleaned and sanitized after each use. The surface of all work
tables shall be constructed of metal or other material which is smooth,
light-colored, nonabsorbent, corrosive-resistant and easily cleanable
and cleaned and sanitized after each use.
H. The body art establishment shall have a waiting area that is physically
separated from workstations.
I. Proper closed cabinets for the exclusive storage of instruments,
dyes, pigments, carbon stencils and other paraphernalia used in the
studio shall be provided for each body art practitioner. Sharps containers
shall be made available at each location.
J. The body art establishment shall have proper facilities for the disposition
of waste materials. Written plans are to be submitted to the Department
of Health for proper disposal.
K. No smoking shall be permitted in any body art establishment.
L. The holder of any license to operate shall not allow a body art practitioner
to perform in his/her body art establishment unless the body art practitioner
is the holder of a valid registration as defined in this article.
M. The holder of a license to operate shall maintain proper records
for each patron. A record of each patron shall include the date on
which he/she had the body art performed, his/her name and his/her
signature, address and age, the design of the body art and its location
on his/her body, and the name of the body art practitioner who performed
the service. These records shall be entered in ink or indelible pencil
in a bound book kept solely for this purpose. This book shall be available
at reasonable hours for examination by the Department of Health or
any law enforcement officer and shall be preserved for at least three
years from the date of the last entry therein.
N. Only body art shall be permitted in the body art establishment.
O. Only single-use, disposable equipment that comes into contact with
clients' skin and bodily fluids shall be used. Single-use items
shall not be used on more than one client for any reason. This includes,
but is not limited to, tubes, needles, cartridges, grips, clamps and
markers.
P. Aluminum foil or plastic covers shall be used to protect items and
surfaces that may become contaminated by blood or saliva during use
and that are difficult or impossible to clean and disinfect. These
coverings shall be removed, discarded, and replaced with clean material
between clients.
Q. It shall be a violation of this article for anyone or any tattoo
business to perform body art on an individual under 18 years of age
without the presence, written consent, and proper identification of
a parent or legal guardian. The operator shall be responsible for
maintaining a copy of the birth certificate, original consent form
and copies of all consent information for a period of three years.
The operator shall obtain a copy of government-issued photographic
identification of all the individuals being tattooed, and all records
shall be available for inspection upon request.
R. Each person wishing to receive a tattoo must first apply to the operator
on a form approved by the Department of Health. If the applicant is
suspected to be under the influence of alcohol, drugs or any other
behavioral modifying substance, the operator must refuse the applicant.
S. All records regarding tattoos are to be maintained for a minimum of three years. Information required for each applicant referred to in Subsection
R is to include the name, age, date of birth, address and telephone number of the applicant as well as the design and location of the tattoo.
T. All infections resulting from the practice of tattooing which become
known to the operator shall be promptly reported to the Health Officer
by the person owning or operating the tattoo establishment or by the
tattoo artist.
Unless another penalty is specifically provided elsewhere in
the Code or in law of the state or federal government, any person
who violates any provision of this article, any other chapter of this
Code or any other ordinance of the Town of Boonton shall, upon conviction,
be punishable by a fine of no less than $250 nor more than $1,000
for each violation. Each day that such violation continues shall be
deemed a separate offense.
A. Reasonable counsel fees incurred by the Department of Health in the
enforcement of this article shall be paid by the defendant. The amount
of such reimbursable fees and costs shall be determined by the court
hearing the matter.
Temporary body art establishments shall be prohibited.