[[1]HISTORY: Adopted by the Borough of Rutherford Council 3-28-2022 by Ord. No. 3606-22. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 69, Peddlers, Junk Dealers and Auctioneers, adopted 11-15-1960 by Ord. No. 1814, was repealed 12-17-1991 by Ord. No. 2631-91. See now Ch. 105, Solicitors, Peddlers and Canvassers.
The New Jersey Department of Health has promulgated certain regulations known as the "New Jersey State Sanitary Code, Chapter 8, Body Art Procedures," N.J.A.C. 8:27-1 et seq., which establishes standards for sterilization, sanitation and safety for persons engaged in the business of permanent cosmetics and same is hereby adopted in its entirety, except for N.J.A.C. 8:27-6.1 through 8:27-6.6, N.J.A.C. 8:27-7.1 through 8:27-7.5, N.J.A.C. 8:27-9.1 through 8:27-9.6, and N.J.A.C. 8:27-10.1 through 8:27-10.3, which are prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
HEALTH OFFICER
The appointed licensed municipal Health Officer or authorized representative.
PERMANENT COSMETICS
The implanting of inert pigments, colors, and/or dyes intradermally which results in permanent alteration of tissue to gain a cosmetic effect
PERMANENT COSMETICS ESTABLISHMENT
Any place or premises, whether public or private, where the practice of permanent cosmetics, whether or not for profit, are performed.
A. 
It shall be unlawful for any person to operate a permanent cosmetic establishment without a current license to operate issued by the Health Department to operate such establishment pursuant to the provisions established hereof. An establishment operating with an expired license shall be considered as operating without a license.
B. 
The operation of the permanent cosmetic establishment shall take place within a permanent, nonmobile building. The location of the building shall be indicated in the initial license application. The license shall not be transferable to any other building, place, location, or person.
C. 
Prior to the issuance or renewal of a license, the Health Officer or authorized representative shall inspect the permanent cosmetic establishment. A license may not be issued if the establishment is found to be in violation of any of the requirements of this chapter, including the state regulations (N.J.A.C. 8:27 et seq.) as referenced in § 69-1.
A. 
The application for an initial license shall be accompanied by the appropriate fee. The license shall not be transferable. Any change of ownership shall require a new application and license with payment of the requisite fees therefor. All licenses shall expire on the last day of December annually and must be renewed annually for continuing operation of the establishment.
B. 
An application for renewal and the appropriate license fee shall be submitted prior to the expiration of the current license as further set forth herein.
C. 
A permanent cosmetic establishment license may be renewed if said establishment has been inspected by the Health Officer or authorized representative and found to comply with all the requirements of this chapter and the state regulations, providing the inspection is performed and compliance is determined within 90 days prior to the expiration of the license.
D. 
A license shall not be issued for operation of a permanent cosmetic establishment or to perform permanent cosmetic procedures outside of the physical site of a licensed establishment.
A. 
Initial application fee for permanent cosmetic establishment license: $500.
B. 
Fee for license reinstatement after suspension or revocation: $150.
C. 
Annual renewal fee for permanent cosmetic establishment license: $500.
Any person or business in violation of this chapter shall, upon conviction, be punished by a fine of not less than $250 for each violation of this chapter. Each day that a violation exists shall be considered a separate offense.