[1][HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 12-6-2023 by Ord. No. 2023-23. Amendments noted
where applicable.]
[1]
[Former Ch. 214, Weed Control, adopted by the Board of Health
2-16-1978 by Ord. No. 2, was repealed 11-15-2018).]
The purpose of this chapter is to safeguard and protect the
health, welfare and safety of the citizens of the Borough of Kenilworth
from the potential hazards associated with improper sterilization,
sanitation, and safety standards for persons engaged in the business
of tattooing, permanent cosmetics, and ear and body piercings, pursuant
to "Body Art Procedures, New Jersey State Sanitary Code, Chapter VIII,"
N.J.A.C. 8:27-1 et seq., and the governing body of the Borough of
Kenilworth hereby adopts licensing procedures and standards to govern
such commercial facilities which are to be administered by the Board
of Health of the Borough of Kenilworth. This chapter shall govern
all businesses that offer tattooing, permanent cosmetics, and ear
and body piercings to the public with the exception of a physician
licensed to practice medicine.
As used in this chapter, the following terms shall have the
meanings indicated:
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, body piercing, tattooing,
and permanent cosmetics.
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.
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.
The puncturing of an ear lobe and the trailing edge of the
ear using a presterilized single-use stud and clasp ear piercing system
following manufacturer's instructions.
Any personal ornament inserted into a newly pierced area
and may be made of surgical implant grade stainless steel, solid fourteen-karat
or eighteen-karat white or gold, niobium, titanium, platinum, glass
or a dense, low porosity plastic.
The implanting of inert pigments, colors, and/or dyes intradermally
which results in the permanent alteration of tissue to gain a cosmetic
effect.
Any person that 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.
The area or room used for the purpose of performing body
art procedures by a practitioner.
Pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6, the regulations
promulgated by the State Department of Health on body art procedures,
N.J.A.C. 8:27-1.1 et seq., are hereby incorporated into this article
by reference and made a part of this chapter as if set forth at length
herein.
A.Â
No person shall at any time within the Borough of Kenilworth conduct,
maintain, or operate a body art establishment without first having
applied for and obtained a license to do so from the Board of Health
of the Borough of Kenilworth.
B.Â
Application for such a license shall be made to the Board of Health
of the Borough of Kenilworth, on forms approved by the Board of Health,
signed and executed by the applicant a minimum of 30 business days
prior to the intended operation date.
C.Â
The Board of Health for the Borough of Kenilworth shall review the
application for a license for compliance with all provisions of N.J.A.C.
8:27-1 et seq., and shall either approve or disapprove of the application
in writing within 30 business days from the date of submission to
the Board of Health.
(1)Â
Persons denied of approval shall be given notice of the denial, in
writing, and the Board of Health shall specify the reason(s) for the
action and give the applicant opportunity for a hearing with the Board
of Health within a reasonable time, not to exceed 15 business days
from the date of the denial of the application.
D.Â
A body art establishment license may be renewed if said establishment
has been inspected by the Borough of Kenilworth Board of Health Officer
and found to comply with all of the requirements of this chapter and
the state regulations of this chapter.
E.Â
Each practitioner shall maintain current professional liability insurance.
A.Â
No body art establishment shall be permitted to open for operation
until the Board of Health of the Borough of Kenilworth has given formal
approval by issuance of an appropriate license or permit, which shall
be renewed on an annual basis. The license or permit shall be displayed
in a conspicuous place on the premises where it may be readily observed
by all clients.
B.Â
No body piercing procedure, tattoo or permanent cosmetics shall be
applied to any person under 18 years of age without the presence,
written consent, and proper identification of a parent or legal guardian.
In the case a minor is emancipated, legal proof documenting emancipation
shall be presented prior to any body piercing procedure or tattoo
or permanent cosmetics application.
C.Â
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 or permit for the facility
from the Board of Health of the Borough of Kenilworth.
D.Â
Practitioners shall refuse service to any person who, in the opinion
of the practitioner, is under the influence of alcohol or drugs.
E.Â
Smoking, eating, or drinking by anyone shall be prohibited in the
workstation, bathrooms, and equipment cleaning rooms/areas.
F.Â
The physical layout and environment of the facility shall be in compliance
with N.J.A.C. 8:27-3.1 through 8:27-3.5.
Any person or business in violation of any provision of this
chapter, upon conviction before the Municipal Court, shall be liable
for a penalty of not less than $100 or more than $500 for each violation
and all other applicable law and/or injunctive action as provided
by law, or both. Each day that a violation exists shall be considered
a separate offense.
