[HISTORY: Adopted by the Board of Health of the Township of Hanover 12-13-2023 by Ord. No. BH1-2023. Amendments noted where applicable.]
The following terms as used in this chapter shall mean:
BODY ART
Means the practice of physical body adornment through body piercing, tattooing, microblading, and permanent cosmetics, but does not include ear piercing.
BODY PIERCING
Means puncturing or penetration of the skin of a person using pre-sterilized single use needles and the insertion of pre-sterilized or disinfected jewelry or other adornment thereto in the opening. Body piercing shall not include ear piercing as defined in this chapter.
EAR PIERCING
Means the puncturing of the ear lobe and the trailing edge of the ear using a pre-sterilized single-use, stud-and-clasp ear-piercing system following the manufacturer's instructions.
HEALTH CARE PROVIDER
Means a physician or physician assistant licensed by the State of New Jersey pursuant to Title 45 of the Revised Statutes who is acting within the licensee's applicable scope of practice, as determined by the applicable licensing board.
IMPLANT
Means any object implanted fully under the skin.
MICROBLADING
Means a permanent cosmetics procedure as defined in N.J.A.C. 8:27-1.1 et seq. or as the same may be from time to time amended and supplemented.
PERMANENT COSMETICS
Means the micropigmentation or intradermal implanting of inert pigments, colors, and/or dyes, which results in permanent alteration of tissue to gain a cosmetic effect as defined in N.J.A.C. 8:27-1.1 et seq. or as the same may be from time to time amended and supplemented.
A. 
No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Hanover for the purpose of body art, body piercing, permanent cosmetics, microblading, or introducing implants. This prohibition shall not apply to licensed healthcare practitioners who offer such procedures within a medical office or facility and within the scope of practice as determined by the applicable licensing board.
B. 
No person, firm, or corporation shall operate a temporary establishment as defined in N.J.A.C. 8:27-1.1 et seq. in the Township of Hanover for the purpose of body art, body piercing, ear piercing, permanent cosmetics, microblading, or introducing implants. This prohibition shall not apply to licensed healthcare practitioners who offer such procedures within a medical office or facility and within the scope of practice as determined by the applicable licensing board.
A. 
No person, firm, or corporation shall operate any establishment or utilize any premises in the Township of Hanover for the purpose of ear piercing without first applying for and obtaining a license from the Township Health Department.
B. 
Applications for initial licenses and renewal thereafter shall be made on forms promulgated by the Township Health Department and shall include all applicable documentation required by N.J.A.C. 8:27 or as the same may be from time to time amended and supplemented.
C. 
Licenses shall be valid from January 1 to December 31 of each calendar year and shall be renewed annually upon payment of the required fee.
D. 
No license shall be issued without the establishment having been inspected for compliance with this chapter and all applicable provisions N.J.A.C. 8:27 or as the same may be from time to time amended and supplemented.
E. 
Licenses shall be displayed in a conspicuous place and unobstructed near the establishment's public entrance where it may be readily viewable by all patrons.
F. 
Licenses granted under this chapter shall only be valid for the licensee to whom it was granted and shall not be transferable.
G. 
Licenses granted under this chapter shall only be valid for the premises for which it was issued and shall not be transferable to another premises.
A. 
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, and disposable paper towels shall be readily accessible and operational in the area or room where ear piercing will be performed. All hand sinks shall conform with the requirements of the New Jersey Uniform Construction Code.
B. 
No ear piercing shall be done on a skin surface that has a rash, pimples, boils, infections, scar tissue or manifests any evidence of unhealthy conditions.
C. 
The ear piercing work area or room shall be physically separate from the customer area so as to prevent the entry of patrons or other persons other than employees, the individual undergoing ear piercing, or adults accompanying minors undergoing ear piercing.
D. 
Smoking, eating, or drinking by anyone shall be prohibited in the ear piercing work area or room.
E. 
All floors and walls shall be made of smooth, nonabsorbent and nonporous material that is easily cleanable in the ear piercing work area or room.
F. 
Furniture used for ear piercing procedures shall be of nonporous materials and cleaned and sanitized after each use.
G. 
Controls shall be used to minimize or eliminate the presence of rodents, flies, roaches, and other vermin. The premises shall be kept in such condition as to prevent the breeding, harborage, or feeding of vermin.
H. 
No live animals shall be kept or allowed in the area where ear piercing is conducted. An exception shall be made for service animals, which shall be permitted for the purpose of accompanying physically disabled persons.
I. 
No licensee shall perform renovations or alterations to a licensed premises without first having submitted plans and specifications to and having received written approval from the Township Health Department.
A. 
The Health Officer or her/his designee may revoke licenses issued under this section at any time and summarily order the licensed establishment closed when, in the opinion of the Health Officer or her/his designee, such action is necessary to abate an existing or threatened menace to public health.
B. 
Immediate closure shall be in addition to and shall supplement any other penalty or remedy that may be authorized by N.J.A.C. 8:27-1.1 et seq., or as the same may be from time to time amended and supplemented.
C. 
The licensee shall be entitled to a hearing before the Board of Health for the purpose of seeking reinstatement of a revoked license. Written notice of the time and place of such a hearing shall be served upon the licensee at least three days' prior to the date set for such hearing. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address for such license.
D. 
At the hearing the before the Board of Health, the licensee shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board of Health concludes that the charges have been sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
A. 
Enforcement authority for this chapter shall be the Township Health Officer or her/his designee.
B. 
The Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident, or event as necessary to execute his or her official duties in a manner prescribed by law.
A person who violates the provisions of this chapter shall be liable to a penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation.