[Added 2-4-2025 by Ord. No. 2025-01]
The New Jersey Department of Health and Senior Services promulgated regulations known as the "New Jersey State Sanitary Code, Chapter 8, Body Art and Ear-Piercing Facility Standards," N.J.A.C. 8:27-1 et seq., which establishes standards for sterilization, sanitation and safety for persons engaged in the business of tattooing, permanent cosmetics, and ear and body piercing, and same is hereby adopted in its entirety by reference and made a part hereof and shall be controlling unless higher standards are prescribed herein by the governing body.
[Added 2-4-2025 by Ord. No. 2025-01]
BODY ART
The practice of physical body adornment using the following techniques, but does not include ear piercing: Body piercing, tattooing and permanent cosmetics.
BODY ART ESTABLISHMENT
Any place or premises, either public or private, temporary or permanent in nature or location, where the practices of body art, body piercing or permanent cosmetics, whether or not for profit, are performed.
EAR PIERCING
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.
EAR PIERCING ESTABLISHMENT
Any place or premises, either public or private, temporary or permanent in nature or location, where the practices of ear piercing, whether or not for profit, are performed.
HEALTH OFFICER
The appointed licensed municipal Health Officer or authorized representative.
[Added 2-4-2025 by Ord. No. 2025-01]
It shall be unlawful for any person or entity to practice body art or ear piercing within the Borough without a current license issued by the Health Department pursuant to the provisions set forth herein. A person or entity who practices body art or ear piercing with an expired license shall be deemed to be operating without a license.
[Added 2-4-2025 by Ord. No. 2025-01]
a. 
The application for an initial license shall be accompanied by the required fee set forth in subsection 24-1.10 and copy of zoning permit for the body art and/or ear-piercing establishment. The license shall not be transferable from person to person or from place to place. A change of ownership shall require a new application, accompanied by the required fee set forth in subsection 24-1.10 and copy of zoning permit for the body art and/or ear-piercing establishment, and new initial license. Every license shall expire on the 31st day of December each year and must be renewed annually for continued operation.
b. 
An application for renewal and the required license fee set forth in subsection 24-1.10 shall be submitted before the expiration of the current license as further set forth herein.
c. 
The practices of body art and ear piercing occur only inside permanent, nonmobile buildings. No license shall be issued for operation of a temporary body art or ear-piercing establishment or to perform body art or ear-piercing procedures outside the physical site of a licensed establishment.
d. 
Before issuance or renewal of a license, the Health Officer shall inspect the proposed or existing body art or ear-piercing establishment. A license shall not be issued if the establishment is found to be in violation of a requirement of this chapter or applicable state regulations (N.J.A.C. 8:27 et seq., as may be amended, redesignated or replaced from time to time).
e. 
A body art and/or ear-piercing license may be renewed if the establishment has been inspected by the Health Officer and found to comply with all requirements of this chapter and applicable state regulations, provided the inspection is performed and compliance is determined within 90 days before expiration of the license.
f. 
Any establishment not served by a NJDEP-approved public community water supply shall be required to sample for total coliform bacteria on a quarterly basis. The sample must be collected from the sampling point by personnel employed by a New Jersey-licensed laboratory and tested by a New Jersey licensed laboratory. The results must be provided to the Health Department upon the establishment's receipt.
g. 
The owner of the body art and/or ear-piercing establishment shall employ the services of a licensed pesticide operator to inspect the establishment on a monthly basis and to treat insects and rodents, if found by the inspector to be present. The owner of establishment shall submit copies of the reports and proofs of treatment (if applicable) to the Health Officer promptly upon the Health Officer's request.
[Added 2-4-2025 by Ord. No. 2025-01]
Any person or entity who shall violate a provision of this chapter shall, for each violation, upon conviction, be punishable as provided in Section 3-9 and its subparts of this Code.