[HISTORY: Adopted by the North Wildwood City
Council 12-3-1996 by Ord. No. 1247. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the following meanings indicated:
Piercing of 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 shall be specifically excluded
from the purview of this chapter.
The Cape May County Department of Health.
A.
Any person, firm or corporation desiring to engage
in the body piercing business shall apply to the Clerk of the City
of North Wildwood, in writing, on forms supplied by the City of North
Wildwood for said purpose, which form shall be duly verified by the
applicant. The application accompanied by the license fee hereinafter
fixed shall set forth:
(1)
Name and address of the applicant, and if the applicant
is a corporation or partnership, the names and addresses of all stockholders
or partners owning 10% or more of the applicants' business.
(2)
Local and permanent addresses and telephone numbers
of the applicant.
(3)
Name, local address and telephone number of the manager
of the business if different from the applicant.
(4)
If the applicant is a corporation, the name and address
of its registered agent.
(5)
The name and address of a person residing in or employed
in the City of North Wildwood designated by the applicant to accept
service of process of any complaint arising out of an alleged violation
of the provisions of this chapter. Said designee may be the applicant.
(6)
Copy of New Jersey sales tax certificate.
(7)
Federal employer identification number if the applicant
is a corporation, partnership or firm; Social Security number if the
applicant is a proprietorship.
(8)
A certification that the applicant is a citizen of
the United States or, if not, is the holder of documentation authorizing
the alien to be employed in the United States, such as an alien registration
card issued by the United States Immigration and Naturalization Service
on Form No. I-151, I-551, I-94 with an endorsement authorizing employment
in the United States, or the like.
B.
If the applicant is a partnership, firm or corporation,
all information required by the application shall apply not only to
the partnership, firm or corporation, but also to each officer, director
or holder of 10% of the issued stock (if a corporation) and to all
members of a partnership or firm.
C.
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 292, Mercantile Licenses, of the Code of the City of North Wildwood, and the requisite fee therefor, which is hereby established at $500, must be paid prior to the issuance of a license to engage in the body piercing business.
D.
Each body piercing business license issued by the
Clerk of the City of North Wildwood shall contain a registration number,
and such license shall be nontransferable.
Licenses issued pursuant to the provisions of
this chapter shall be good only from the day of issuance through the
30th day of June thereafter. No subsequent license shall be issued
without filing an application for renewal similar to the original
application for the license.
A.
It shall be unlawful to engage in the body piercing
business in the City of North Wildwood without first obtaining a license
therefor pursuant to the provisions of this chapter.
B.
No person, partnership, firm or corporation engaged
in the body piercing business, whether as an owner or an employee
therein, shall be issued a license to engage in body piercing, nor
engage in such activity, unless the premises at which such activity
is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards:
(1)
The room in which body piercing is done shall have
an area of not less than 100 square feet. The walls, floors and ceiling
shall have an impervious, smooth and washable surface.
(2)
A toilet shall be adjacent to the area where body
piercing is performed. The lavatory shall be supplied with hot and
cold running water, soap and sanitary towels.
(3)
All tables shall be constructed of easily cleanable
impervious material and shall be separated from waiting customers
or observers by a panel at least four feet high.
(4)
The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair.
C.
It shall be a violation for anyone to pierce any body
part of an individual under 18 years of age without authorization
signed by the parent or legal guardian and witnessed by the operator.
The operator shall be responsible for maintaining the original consent
form and copies of all consent information for a period of at least
three years.
D.
If the client is suspected to be under the influence
of alcohol, drugs or any other behavioral modifying substance, the
operator must refuse the client.
E.
Each person wishing a body piercing must fill out
an application which will include the name, date of birth, address
and telephone number of the client as well as the location(s) of the
piercing and the name of the operator.
F.
Written guidelines shall be established for the care
of the site after piercing and shall be approved by the local health
authority. Each client shall receive a written copy of the guidelines
for care of body piercing sites.
G.
Hepatitis B. Pre-exposure or proof of immunity is
required for all body piercing operators who use needles. Any accidental
needle-stick injury shall be reported to the Health Department. If
a person cannot obtain the vaccination for medical reasons, he shall
submit to the Health Department a letter from his physician certifying
that the individual does not have Hepatitis B, and the vaccination
is contraindicated.
H.
All body piercing operators shall attend a training
program sponsored by the Health Department to assure basic knowledge
of sterile technique and universal precautions.
I.
All persons, partnerships, firms and corporations
engaged in the body piercing business, whether as an owner or an employee
therein, shall utilize the following procedures in conducting the
body piercing business:
(1)
The operator shall wash his hands thoroughly with
an antiseptic and water before starting a piercing; the hands shall
be dried with individual, single-use towels.
(2)
Gloves shall be worn with any procedure that involves
contact with a client's blood. Hands shall be thoroughly washed after
the procedure has been completed.
(3)
No piercing of the tongue shall be permitted.
(4)
No piercing shall be done on skin surface that has
rash, pimples, boils or infections, or manifests any evidence of unhealthy
conditions.
(5)
The area to be pierced shall first be thoroughly washed
with warm water and an antiseptic liquid soap. A single-use sponge
shall be used to scrub the area.
(6)
Immediately after piercing, the patron shall be advised
on the care of the site and to consult a physician at the first sign
of infection.
(7)
All infections resulting from body piercing which
become known to the operator shall be reported to the local Health
Department within 24 hours.
(8)
Ear piercing guns may not be used for body piercing
but may only be used for piercing ear lobes.
J.
All persons, partnerships, firms and corporations
engaged in the body piercing business, whether as an owner or an employee
therein, shall utilize the following standards for sanitation of instruments
utilized in the body piercing business:
(1)
All clean and ready-to-use needles and instruments
shall be kept in a closed glass or metal case or storage cabinet while
not in use. Such cabinet shall be maintained in a sanitary manner
at all times.
(2)
Only single service sterilized needles shall be used.
(3)
Needles used for body piercing shall be steam sterilized
before use on any customer. Any other method of sterilization shall
be approved by the local health authority.
(a)
The sterilizer shall be well-maintained with
a tight-fitting gasket and a clean interior.
(b)
The manufacturer's operating instructions and
sterilization specifications shall be at hand. The operation of the
sterilizer shall conform to the manufacturer's specifications with
regard to temperature, pressure and time of sterilization cycle.
(c)
Proper functioning of sterilization cycles shall
be verified by the weekly use of biological indicator (i.e., spore
tests). A log book of these weekly test results shall be available,
and a test may be required to be done during any inspections.
(d)
Each item to be sterilized shall be individually
wrapped using a chemical indicator or strip to verify steam exposure.
(4)
Forceps, accessory equipment and jewelry must be disinfected
with a chemical disinfectant registered by the Environmental Protection
Agency as being tuberculocidal when used at recommended dilutions.
All operators shall follow manufacturer's instructions when utilizing
any chemical disinfectant.
K.
Disposal of wastes.
(1)
Needles shall not be bent or broken prior to disposal.
Operators shall take precautions to prevent injuries from contaminated
needles.
(2)
Needles shall be disposed of directly into a solid
puncture-resistant container.
(3)
Needles, as well as gloves, gauze and other materials
saturated with blood, shall be discarded in a plastic bag and placed
into a cardboard box prior to the off-site disposal. A written agreement
for disposal of such waste shall be required and shall be with an
authorized service for disposal of medical waste.
In addition to being subject to the penalties provided in § 158-7 of this chapter, any license issued under this chapter may be revoked or suspended by the members of Council of the City of North Wildwood for any 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 before the members of Council of the City of North Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this chapter shall be served on the defendant personally or on the person designated to receive service in §158-2A(5) of this chapter, either personally or by certified mail, return-receipt requested, which notice will establish a date for a hearing to be held not sooner than five days not more than 14 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 be revoked or suspended, no part of the license fee shall be returned.
Nothing in the foregoing shall be construed
so as to affect the practice of medicine or any other recognized profession
or occupation by a person duly licensed by the State of New Jersey
to engage in such practice, profession or occupation and whose license
would lawfully authorize the piercing of the body.
[Amended 5-21-2002 by Ord. No. 1411; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person, partnership, firm or corporation
who violates any section of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $2,000, imprisonment for
not more than 90 days, or community service for not more than 90 days,
or any combination thereof.
