[HISTORY: Adopted by the City Council of the City of Passaic 3-21-2005
by Ord. No. 1651-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who performs the art of body piercing under the direct
supervision of a practitioner in order to learn body art procedures.
The practice of physical body adornment is permitted in establishments
operated by licensed operators utilizing, but not limited to, the following
techniques: body piercing; tattooing; and permanent cosmetics. Body piercing
includes piercing of any portion of the ear with the exception of the ear
lobe.
[Amended 5-16-2006 by Ord. No. 1689-06]
A license issued to the owner of a body art establishment to operate
a business under the provisions of this chapter.
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. Such definition shall not apply
to medical services performed by a licensed physician.
A certificate of approval from the Health Division that a body art
establishment has been inspected and meets all of the requirements of this
chapter.
An individual who, by legal appointment or by the effect of written
law, has been given custody of a minor or adult.
The owner or 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.
Any person that performs body piercing inclusive of piercing of any
portion of the ear with the exception of the ear lobe.
No person shall engage in the business of body piercing, whether for
compensation or not, operate any establishment where body piercing is performed,
whether for compensation or not, or body pierce any person, whether for compensation
or not, without complying with the requirements of this chapter, pursuant
to local rules and regulations, as well as the regulations of the State of
New Jersey, or regulations about to be adopted, including the New Jersey Administrative
Code at N.J.A.C. 8:27-1.1 et seq.
A.
No person shall display a sign or in any way advertise
or purport to be a body art practitioner or be engaged in the business of
body art without first applying for and obtaining a body art establishment
license for the facility from the Health Division.
B.
No license to operate a body art establishment shall
be issued unless a satisfactory certificate of inspection for the establishment
has been issued by the Division of Health. No satisfactory certificate of
inspection shall be issued unless the body art establishment was inspected
by the Division of Health and found to be in compliance with the requirements
of this chapter and the New Jersey Administrative Code 8:27-1.1 et seq. A
certificate of inspection shall be issued immediately upon conclusion of each
inspection. The most recent certificate of inspection shall be posted in a
conspicuous place near the public entrance of the establishment where it may
be readily observed by all patrons.
C.
The fee for a body art establishment license shall be
$500 for a one-year licensing period from January 1 to December 31. All licenses
issued during the course of a calendar year shall expire on December 31 of
that year, regardless of the date issued. At least 30 days prior to expiration
of a license, the licensee shall make an application for renewal with the
Health Division. Failure to file for a timely renewal shall cause the establishment
to be closed until the appropriate inspection can be made.
D.
Each body piercing establishment license issued by the
Health Division shall contain a registration number, and no such license shall
be transferable to another person or entity or from establishment to establishment.
The license shall be posted in a conspicuous place near the public entrance
of the establishment where it may be readily observed by all patrons.
E.
Any person desiring to construct a new or substantially
renovate, expand or substantially alter an existing licensed body art establishment
shall submit plans and specifications to the Health Division for review and
final approval prior to the issuance of any building permits and prior to
such renovations, expansions or alterations taking place. There is a fee of
$75 for review of new and revised floor plans and specifications for the establishment
of a body art establishment.
[Amended 5-16-2006 by Ord. No. 1689-06]
F.
A valid certificate of occupancy issued by the Construction
Official shall be required for the operation of a body art establishment.
A certificate of occupancy shall be issued for newly constructed establishments
and for establishments that have changed ownership.
G.
A person who receives an approval to begin work to operate
a body art establishment shall utilize this approval by either the commencement
of construction of a facility or the operation of a body art establishment
within 60 days of the issuance of the license or the approval shall expire.
[Added 5-16-2006 by Ord. No. 1689-06]
In addition to the requirements regarding the body art establishment
in the New Jersey Administrative Code at N.J.A.C. 827-1.1 et seq., any person
desiring to engage in body piercing shall apply to the Division of Health,
in writing, on forms promulgated and supplied by the Division of Health. Such
forms shall be duly verified by the applicant. The applicant shall set forth:
A.
The name, permanent addresses and telephone number of
the applicant and all apprentices and practitioners employed, whether paid
or not.
B.
The address and telephone number of the manager of the
business, if different from the applicant.
C.
If the applicant is a corporation, partnership, LLP or
LLC, provide the name and address of its registered agent.
D.
The full business name, business address and post office
address of the proposed establishment.
E.
Copy of the New Jersey sales tax certificate.
F.
If the applicant is a corporation, partnership or firm,
the federal employer identification number (EIN) and the social security number
if the applicant is a proprietorship.
G.
A certificate that the applicant is a citizen of the
United States or, if not, is a holder of documentation authorizing the alien
to be employed in the United States of America, such as an alien registration
card issued by the United States Immigration and Naturalization Services (INS)
on Form No. I-151, I-551 or I-94 with an endorsement authorizing employment
in the United States of America.
H.
If the applicant is a partnership, firm or corporation,
all information required by the applicant 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.
I.
Proof of general liability insurance equal to the amount
of $1,000,000 of liability coverage for the applicant, operator and/or owner
of the establishment and proof of malpractice liability insurance equal to
the amount of $1,000,000 for the applicant, operator and/or owner of the establishment.
Such insurance policies shall name the City as an additional insured. Proof
shall include a certificate of insurance issued to the applicant by an insurance
company licensed to do business in the State of New Jersey.
J.
Each practitioner shall have completed a first aid certification
course sponsored by the American Red Cross. First aid certification for all
practitioners who perform body art shall be current, and a copy of each practitioner's
certification shall be submitted with the initial application and any subsequent
renewal applications for a license.
K.
The applicant shall furnish proof of the operator, practitioner
and apprentice having completed a bloodborne pathogens training course from
the American Red Cross, the Association of Professional Piercers or a provider
approved by the New Jersey Department of Health and Senior Services. Proof
of training shall be provided with the initial application and any subsequent
renewal applications for a license. Bloodborne pathogens training shall be
in accordance with the Occupational Safety and Health Administration (OSHA)
Rule 29 CFR Part 1910.1030 incorporated herein by reference and as amended
and supplemented.
L.
Proof of hepatitis B immunizations series shall be provided
for each practitioner, apprentice and any other employee with a potential
occupational exposure to blood and bodily fluids. If the employee cannot obtain
the vaccinations for medical reasons, s(he) shall submit to the Health Division
a letter from a licensed physician certifying that the individual does not
have hepatitis B and the vaccination is contraindicated.
M.
The applicant shall provide proof with the initial application
and any subsequent renewal applications for a license of a written agreement
for consultative services with a physician licensed in the State of New Jersey.
The written agreement shall, at a minimum, include skin conditions, after
care procedures, infections and employee health issues.
N.
The applicant shall furnish proof with the initial application
for a license of the operator having experience in the operation of a body
art facility for a period of at least 12 months. Forms of proof shall be those
specified in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.,
as amended and supplemented.
O.
The applicant shall furnish proof with the application
of each practitioner having completed a minimum 1,000 hours of experience
performing the art of body piercing at a licensed body piercing facility as
an apprentice prior to being qualified as a practitioner. Forms of proof shall
be those specified in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1
et seq., as amended and supplemented. The proof of 1,000 hours of experience
required under this section shall be submitted in the form of a notarized
statement.
[Amended 5-16-2006 by Ord. No. 1689-06]
P.
The applicant shall submit a written training program
to the Health Division if the body art establishment will provide training
to apprentices.
A.
Each body piercing establishment shall have at least
one individualized, enclosed body art room, separate and apart from observers
and waiting customers. Body art shall not be performed in any other part of
the establishment except in the body art room. Body art rooms shall be used
for no other purpose. The room in which body art is done shall have an area
of not less than 100 square feet. The walls, floors and ceilings shall have
an impervious, smooth and washable surface. Walls and ceilings shall be light
colored. Walls, ceilings and floors shall be kept clean. The floor shall be
swept and wet mopped daily. Floors, walls or ceilings shall not be swept or
cleaned while body art is being performed.
B.
Access to restrooms used by patrons or the public shall
not be through rooms or areas used for body piercing procedures, storage,
equipment washing, disinfection or sterilization. The lavatory shall be supplied
with hot and cold running water, hand-washing soap and disposable single-use
sanitary towels.
C.
A hand-washing sink shall be conveniently located in
each room where body piercing procedures are performed. At least one hand
sink shall be provided for every two work stations. Each hand-washing sink
shall be supplied with hot and cold running water, hand-washing soap, disposable
single-use sanitary towels and shall be maintained so as to permit convenient
and expeditious use by employees.
D.
Use of bar-type soap at any hand-washing sink in the
establishment shall be prohibited. Only liquid hand-washing soap shall be
permitted at such sinks.
E.
All work tables in the procedure room or areas shall
be constructed of easily cleanable impervious material and shall be separated
from waiting customers or observers. The surface of all worktables shall be
constructed of' metal or other material which is smooth, nonabsorbent,
corrosive-resistant and easily sanitized.
F.
The chair and/or table upon which a patron will be positioned
during the body art process shall be constructed whereby it is covered with
a smooth, nonporous material. Any portion of the chair and/or table upon which
a patron's exposed skin may come into contact with shall be covered with
sanitary tissue and/or paper towel which shall be discarded upon completion
of work on a patron. Following work being performed on a patron, the patron's
chair and/or table shall be thoroughly cleaned with an antibacterial solution.
G.
Each body art establishment shall have proper closed
and locked cabinets for the exclusive storage of instruments and other body
art paraphernalia used in the establishment.
H.
The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair.
A.
Competent proof of age shall be required to be shown
with the application for body art. Government-issued photographic identification
of the client shall be provided as proof of age.
B.
No person shall perform any body art procedure upon a
person under 18 years of age without the presence, signed authorization witnessed
by the operator and proper identification of a parent or legal guardian. Government-issued
photographic identification of the parent shall be provided as proof of age.
The identification of the parent shall be photocopied and maintained on file
with the client's application. The parent or legal guardian shall accompany
the minor during the body art procedure.
C.
If the client's parents and/or legal guardians are
suspected to be under the influence of alcohol, drugs or any other behavioral
modifying substance, the operator and/or practitioner shall refuse the client.
D.
It shall be unlawful for any person to operate a body
art facility unless it is at all times under the direct supervision of an
operator.
E.
It shall be unlawful for an apprentice to perform any
body art procedures upon any person without the direct supervision of a practitioner.
The Health Officer or his designee may conduct periodic inspections,
with or without notice, of any establishment engaged in body art procedures
that are governed by this chapter for the purpose of determining whether or
not such establishments and the persons performing the art therein are in
compliance with all applicable health provisions. It shall be unlawful for
any person or operator of a body art establishment to willfully prevent or
restrain the Health Officer or his designee from entering any establishment
where body art procedures are being performed for the purpose of inspecting
such premises, equipment and records after proper identification is presented
to the operator.
A.
The Health Officer or his designee may revoke and remove
the license for the operation of a body art establishment at any time and
summarily order the establishment closed when, in the opinion of the Health
Officer or his designee, such action is necessary to abate an existing or
threatened menace to public health. In summarily ordering an establishment
closed, the Health Officer or his designee may request assistance from public
safety officers of the City of Passaic. 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 the Code of the City of Passaic, as the same
may be from time to time amended and supplemented.
