[HISTORY: Adopted by the Board of Chosen Freeholders of Atlantic County 4-1-2003 by Ord. No. 8-2003. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 121, Tattooing Establishments, adopted 5-29-1984 by Ord. No. 6-1984.
This chapter shall implement the provisions of N.J.A.C. 8:27-1.1 et seq., as the same may from time to time be amended and supplemented, concerning persons who engage in certain body art practices and procedures, including but not limited to tattooing, permanent cosmetics, body piercing and piercing of the trailing edge of the ear.
It shall be unlawful for any person to engage in body art procedures regulated by this chapter, including tattooing, permanent cosmetics, body piercing or piercing of the trailing edge of the ear, without first having obtained a license to conduct such business from the Atlantic County Division of Public Health, in accordance with the requirements of this chapter. Except for temporary licenses, all licenses shall require annual renewal.
Any person applying for a license to operate a body art establishment, including a tattooing establishment or to engage in permanent cosmetic or body piercing or piercing of the trailing edge of the ear, and any person desiring to construct, expand or alter any existing facility utilized in any part for such activities shall apply for a body art license, in writing, to the Atlantic County Division of Public Health, in a form that shall be supplied by the Division.
All body art licenses, except for temporary permits issued as set forth hereinafter, shall be valid for a period not to exceed one year. At least 30 days prior to expiration of a Body Art License, the holder thereof shall apply in writing to the Atlantic County Division of Public Health for a renewal thereof. The holder of a permit shall also provide written notice to the Atlantic County Division of Public Health at least 30 days prior to any proposed sale, lease, assignment, termination or suspension of operations.
All licenses to operate body art establishments regulated by this chapter, and each temporary license application, and renewals of all licenses, shall be subject to payment of annual fee in the amount of $200. Payment of fees shall be a precondition to issuance of all licenses and a precondition to the issuance of each renewal license.
It shall be unlawful for any person to engage in any of the activities prohibited by N.J.A.C. 8:27-1.1 et seq., as the same may from time to time be amended and supplemented.
It shall be unlawful for any person to engage in operation of temporary establishments for body art procedures, except as may be permitted by this chapter, in accordance with N.J.A.C. 8:27-1.1 et seq.
A temporary permit shall be required for each temporary event. Persons seeking temporary permit shall first apply in writing to the Atlantic County Division of Public Health in a format that shall be supplied the Division. Such application shall be made in writing, at least 14 days prior to the proposed commencement of operations. A temporary event shall not exceed 14 calendar days. At the expiration of the fourteen-calendar-day time period set forth in the temporary permit, all regulated operations shall cease; provided, however, that the holder of a temporary permit may apply for one extension of a temporary permit. Application for an extension shall be conditioned upon payment of a application fee in the amount of $200 and completion of an application form. An extension shall not be granted if an applicant is deemed to be in violation of its existing temporary permit.
The Division may conduct periodic inspections of any establishment engaged in body art procedures that are governed by this chapter for the purpose of determining whether or nor such establishments and the persons performing the art therein are in compliance all applicable health provisions. It shall be unlawful for any person or operator of a body art establishment to willfully prevent or restraint the Division's agents 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. Inspections, directives and permits issued or performed by the Atlantic County Division of Public Health pursuant to this chapter shall not be construed to waive, limit or otherwise stand as a substitute for the licensee's obligation to comply with the requirements of N.J.A.C. 8:27-1.1 et seq. and any other requirements or provisions of law that may apply to the activities and operations of the licensee.
The approval, license or permit of any person to operate a body art establishment may be suspended at any time when, in the opinion of the Atlantic County Division of Public Health, such action is necessary to abate an existing or threatened menace to the public health. 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., as the same may be from time to time amended and supplemented.