[HISTORY: Adopted by the Township Council of the Township of Hillside 11-28-2006. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BODY PIERCING
- Piercing the skin for the express intention of insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears is expressly excluded from the purview of this chapter.
- CERTIFICATE OF INSPECTION
- The written approval provided by the Health Department that said tattooing and/or body-piercing establishment has been inspected and meets all applicable requirements.
- CERTIFICATE OF REGISTRATION
- Written approval provided by the Hillside Department of Health confirming that the operator has registered with the county and meets all applicable requirements.
- EAR PIERCING
- The puncturing of trailing edge of the ear using a presterilized single-use stud and clasp ear-piercing system following manufacturer's instructions.
- The premises wherein tattooing and/or body piercing is performed.
- Any individual, partnership, corporation or similar entity that owns and/or operates an establishment where tattooing and/or body piercing is performed.
- PERMANENT COSMETICS, MICRO-PIGMENTATION OR DERMAL PIGMENTATION
- The implanting, of inert pigments, colors, and/or dyes intradermally which results in permanent alteration of tissue to gain a cosmetic effect.
- Any person, including a trainee, who for any consideration whatsoever engages in the provision of tattooing and/or body-piercing services as herein defined, including but not limited to contractors, subtenants and temporary employees.
- Any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink dye or any other substance, resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.
- TEMPORARY ESTABLISHMENT
- An establishment that has been issued a permit by the local health authority to operate for the purpose of performing body art procedures for not more than 14 calendar days in conjunction with a single event.
It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a licensing from the Health Department to engage in such business in accordance with the provisions hereof.
An application for licenses under this chapter shall be made to the Township of Hillside Department of Health, in writing, upon such printed forms as the Department of Health shall prescribe and prepare, and shall pay an annual filing and renewal fee as follows:
For one practitioner, the fee shall be $75 per year.
For each additional practitioner after the first practitioner, the fee shall be an additional $25 per year.
Temporary establishment/event application fee for operator shall be $75.
Plan review fee for a new establishment shall be $100.
Plan review for alteration/expansion shall be $100.
Any person, partnership, firm or corporation who violates any section of this chapter shall be subject to a fine of not less than $150 nor more than $500 for each violation of this chapter or imprisonment in the county jail up to 90 days, or both. Each day that the violation exists is considered to be a separate offense.
Reasonable counsel fees incurred by the Board of Health or its designee in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
In addition to being subject to the penalties provided herein, any license or certificate of registration issued under this chapter may be revoked or suspended for any intentional misstatement in any application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing. Notice of the filing of a complaint which seeks to suspend or revoke any license or certificate of registration issued under this chapter shall be served on the defendant personally or on the person designated to receive. This notice will establish a date for a hearing to be held not more than 10 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.