[HISTORY: Adopted by the Village Council of the Village of Ridgewood 5-12-2004 by Ord. No. 2877. Amendments noted where applicable.]
The Village Council finds that the regulation of body art establishments within the Village of Ridgewood is required in order to protect the public health, welfare and safety. The purpose of this chapter is to establish a procedure for the proper review and approval of plans for body art establishments and to require the inspections and licensing of body art establishments by the Department of Health of the Village of Ridgewood in accordance with N.J.A.C. 8:27 et seq.
As used in this chapter, 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.
- BODY PIERCING
- Puncturing or penetration of the skin of a person using presterilized single-use needles and the insertion of presterilized or disinfected jewelry or other adornment thereto in the opening.
- DEPARTMENT OF HEALTH
- The Department of Health of the Village of Ridgewood.
- A physical place of business, permanent in nature; includes all areas used by a body art technician and clients, including, but not limited to, treatment areas and waiting/reception area.
- Includes the owner or the owner's designee having ownership, control or custody of any place of business or employment and who manages the day-to-day operations of the body art establishment.
- PERMANENT COSMETICS
- The implanting of inert pigments, colors, and/or dyes intradermally which results in permanent alteration of tissue to gain a cosmetic effect.
- Written approval by the Department of Health of the Village of Ridgewood to operate a body art establishment.
- Any person who performs the act of tattooing, permanent cosmetics and/or ear and body piercing.
- Any method of placing ink or other inert 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.
Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in N.J.A.C. 8:27-1.3. In the event of conflict between the definition in this chapter and that contained in said regulations, the definition in said regulations shall apply.
No body art establishment shall be permitted to open or, in the event such establishment is open at the time of adoption of this chapter, continue to be open for operation until the Department of Health of the Village of Ridgewood has given formal approval by issuance of an appropriate license. This license shall be renewed annually. The license period shall be from January 1 to December 31 of each year. In the event that a license is issued to become effective after July 1 of any calendar year, said license shall expire on December 31 of that year. Fees for the licenses shall be as hereinafter set forth in § 114-8.
The license shall be displayed in a conspicuous place on the premises where it may readily be observed by all clients.
No person shall operate a body art establishment whose license has been suspended.
Proof of professional malpractice liability insurance for each practitioner shall be provided to the Department of Health of the Village of Ridgewood as part of the initial and renewal license.
The operator shall provide a current copy of a negative biological indicator test result to the Department of Health of the Village of Ridgewood as part of the initial license application.
Establishments in operation at the time of adoption of this chapter shall be required to obtain a license within 30 days of the effective date of this chapter. There shall be a late charge as hereinafter set forth in the event that this subsection is violated or in the event that a renewal license is not applied for within the month of January.
Licenses are not transferable.
Any person desiring to construct, expand, alter, or operate a permanent cosmetic, tattooing, or ear or body piercing establishment shall apply in writing on the forms prescribed by the Department of Health of the Village of Ridgewood for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include the following information:
The applicant's legal name, home address and telephone number, full business name, business address, post office address and telephone number. The application shall also include whether the applicant is an individual, partnership, firm or corporation. If the applicant is a partnership, the names and addresses of the partners shall be included on the application. If the applicant is a corporation, the names and addresses of all corporate officers shall be included on the application.
Plans and specifications shall illustrate the location of the proposed establishment and a floor plan of the establishment as it is proposed to be operated. An exact inventory of all processing equipment as it is to be used shall be included. Plans shall indicate the layout of the reception area, the procedure areas, the cleaning and sterilization area, the storage area and the toilet facilities.
A statement of approval from the municipal agency responsible for the administration of planning and zoning ordinances for the proposed construction or expansion of the body art establishment.
A complete description of all services to be provided, the proposed hours of operation, the name of the operator and the names of all practitioners and their exact duties, a copy of the informed consent for each procedure.
The names and addresses of all manufacturers of processing equipment, instruments, jewelry, and inks used for any and all body art procedures.
The make, model and serial number of the applicant's steam autoclave shall be printed on the back of a photograph of the autoclave.
A copy of the manufacturer's specifications for operation of the autoclave.
A licensed establishment shall only permit those persons who have successfully completed the forty-hour training program approved by the Society of Permanent Cosmetics Professionals or the International Micropigmentation Association to practice in the licensed establishment.
The Department of Health of the Village of Ridgewood shall review the application for compliance with all the provisions of N.J.A.C. 8:27-2.1 to include the final plans, specifications, and reports and shall either approve or disapprove of the application in writing within 30 business days from the date of submission to the Department of Health of the Village of Ridgewood.
Persons denied approval shall be notified in writing by the Department of Health of the Village of Ridgewood. Such notice shall specify the reason(s) for the action, and shall give the person(s) denied approval the opportunity for a hearing before the Village Manager of the Village of Ridgewood within a reasonable time, not to exceed 15 business days from the date the health authority denied approval of the application.
The fee for a license required pursuant to § 114-4 above shall be as set forth in Chapter 145, Fees. Chapter 145 of the Ridgewood Village Code is hereby amended to include a fee for the annual license and a fee for the license issued effective July 1 of any calendar year. The late charge for applying for any license more than 30 days after the renewal date is as set forth in Chapter 145, Fees.
Facility license holders shall notify the Department of Health of the Village of Ridgewood by mail within five calendar days of a change in the following information:
The business name or ownership;
The area code and telephone number;
An address change resulting from city or postal service action;
License status, whether from active to inactive practice or from inactive to active practice;
Closure or sale of a facility; or
A change in procedures or personnel.
A person who violates a prohibition under this section shall be subject to enforcement action pursuant to this chapter, Chapter 8 of the New Jersey State Sanitary Code, civil penalties as provided by N.J.S.A. 26:1A-10 and all other applicable laws and/or injunctive action as provided by law.
Implants under the skin shall not be performed in a body art establishment.
Scarification such as branding and cutting shall not be performed in a body art establishment.
No person shall perform any body piercing procedure upon a person under 18 years of age, without the presence, written consent and proper photo identification of a parent or legal guardian. The body piercing procedure may be performed upon a person under 18 years of age, if said person proves that he or she is an emancipated minor.
No person shall perform genital piercing upon a person under 18 years of age, regardless of parental consent.
No tattoo or permanent cosmetics shall be applied to any person under 18 years of age, without the presence, written consent and proper photo identification of a parent or legal guardian.
No person shall practice or attempt to practice body art in an unlicensed facility.
No person shall operate a facility unless it is at all times under the direct supervision of an operator.
No person shall display a sign or in any way advertise or purport to be a body art practitioner or to be engaged in the business of body art without first obtaining a license for the facility from the Department of Health of the Village of Ridgewood.
Pursuant to the provisions of N.J.A.C. 8:27-9.1, piercing of the ear lobe only shall be exempt from the requirements of this chapter.
Each practitioner shall maintain current professional malpractice liability insurance.
The Department of Health of the Village of Ridgewood shall inspect every body art establishment as often as the Department of Health deems necessary using an inspection report form approved by the New Jersey Department of Health and Senior Services.
A representative of the Department of Health of the Village of Ridgewood shall provide proper identification.
The operator shall permit access to all parts of the establishment, and all pertinent records required for the inspection shall be made available to the Department of Health of the Village of Ridgewood representative for review.
An inspection report shall identify in a narrative form any violations of N.J.A.C. 8:27-1 et seq. and shall be cross-referenced to the section of the regulations being violated.
Results of the inspection shall be made available to the public upon request.
The approval or license of any person to operate a body art establishment may be suspended at any time, when in the opinion of the Department of Health of the Village of Ridgewood such action is necessary to abate a present or threatened menace to the public health.
The following shall be reason(s) for closure:
Failure or lack of properly functioning equipment;
Unsanitary or unsafe conditions which may adversely impact the health of the public;
The Department of Health of the Village of Ridgewood has reasonable cause to suspect that a communicable disease is, or may be, transmitted by an operator/practitioner.
The practitioner(s) has demonstrated gross incompetence in performing body piercing, ear piercing, tattooing, or micropigmentation;
The owner obtained or attempted to obtain a license by means of fraud, misrepresentation or concealment;
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;
The owner or practitioner(s) has permitted a genital piercing upon a person under 18 years of age; and
The operator has failed to prevent implants, branding, and cutting to be performed in a body art establishment.
The establishment repeatedly has critical violations, such as, but not limited to, untrained personnel, unsanitary conditions, improper functioning of equipment, or employing improper procedures which could result in transmitting of infection or disease.
Personnel performing such body art procedures do not possess the required training in accord with N.J.A.C. 8:27-1 et seq.
The following shall be cause for a suspension of a minimum of seven days:
Failure to report to the Department of Health of the Village of Ridgewood within 24 hours any infection or injury requiring medical referral;
Performing body art procedures on any person under the age of 18 years of age, without the presence, written consent and proper identification of a parent or legal guardian;
Failure to notify the Department of Health of the Village of Ridgewood within 24 hours of positive biological indicate test result of the autoclave; and
Using an ear piercing instrument for any part of the body other than the ear lobes and trailing edge of the ear.
The Department of Health of the Village of Ridgewood is authorized to administer the provisions of this chapter. The provisions of this chapter shall be enforced by the Department of Health of the Village of Ridgewood or any other individual designated by the Department of Health of the Village of Ridgewood.
Any person who shall violate any provision of this chapter or who shall refuse to comply with a lawful order or directive of the Department of Health of the Village of Ridgewood shall be liable for penalties as provided by N.J.S.A. 26:1A-10 and all other applicable laws and/or injunctive action as provided by law, or as provided by the penalty section of the Village Code of the Village of Ridgewood.