[HISTORY: Adopted by the City Council of the City of Vineland 12-23-2003 by Ord. No. 2003-69 (Ch. 423 of the 1990 Code). Amendments noted where applicable.]
N.J.A.C. 8:27, entitled "Body Art Procedures," as currently promulgated and hereafter amended, is hereby incorporated herein by reference. The Department of Health is hereby authorized to exercise the powers and duties prescribed by this chapter.
For the purposes of this chapter, the following terms shall be defined as follows:
- BODY ART
- The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, tattooing, body piercing and permanent cosmetics.
- BODY ART ESTABLISHMENT
- Any place or premises, whether public or private, temporary or permanent in nature or location, where the practice of body art, whether or not for profit, is performed.
- BODY PIERCING
- The 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. This includes piercing of the trailing edge of the ear.
- DEPARTMENT OF HEALTH
- The City of Vineland Department of Health.
- EAR PIERCING
- The puncturing of the ear lobe or trailing edge of the ear using a presterilized single-use stud-and-clasp ear-piercing system following manufacturer's instructions.
- The owner or owner's designee having ownership, control or custody of any place of business or employment and who manages the daily operations of the body art establishment.
- PERMANENT COSMETICS
- The implanting of inert pigments, colors or dyes intradermally which results in permanent alteration of tissue to gain a cosmetic effect.
- Any person who performs the act of tattooing, permanent cosmetics, body piercing or ear 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 permanent cosmetics.
No person shall own, construct, expand, alter or operate a body art establishment without first having applied for and received a body art establishment license from the Department of Health. No person shall perform the act of tattooing, permanent cosmetics, body piercing or ear piercing without having applied for and received a practitioner license, except as otherwise permitted in this chapter. These licenses shall be renewed annually. Applications for licenses shall be made in writing, upon forms provided by the City of Vineland, signed by the applicant in the presence of a designated Department of Health employee.
Applicants who are denied a license shall be notified in writing by the Department of Health. Said notice shall specify the reason for the denial and shall give the applicant an opportunity for a hearing with the Department of Health within 15 business days from the date of denial.
Any license may be suspended at any time when, in the opinion of the Department of Health, such suspension is necessary to abate a present or impending danger to public health.
[Amended 9-12-2006 by Ord. No. 2006-76]
A statement of approval from the Zoning Officer shall be required prior to the issuance of any body art establishment license.
The Director of the Department of Health and the Chief Financial Officer shall review biannually the cost accounting records for services provided herein and to adjust the fees therefor.
[Added 5-8-2012 by Ord. No. 2012-23]
A new license issued under this chapter shall be valid from its date of issuance until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31.
Any body art establishment or practitioner licensed under this chapter shall adhere to the following prohibitions, which shall be displayed conspicuously in the body art establishment and readily observed by all clients:
Implants under the skin shall not be performed in a body art establishment.
Scarification such as branding and cutting shall not be performed in a body art establishment.
No tattoo or body-piercing procedure shall be performed upon a person under 18 years of age without the presence, written consent and proper identification of a parent or legal guardian. An emancipated minor providing legal proof of said emancipation shall be exempt from this subsection.
No genital piercing shall be performed upon a person under 18 years of age regardless of parental consent.
No person shall practice or attempt to practice body art in a nonlicensed establishment.
A body art establishment shall at all times be under the direct supervision of an operator.
No person shall advertise or purport to be a body art practitioner or to be engaged in the business of body art without first obtaining a body art establishment license from the Department of Health.
No person shall practice body art procedures without obtaining the necessary training and certifications as required by law.
Temporary body art establishments shall be governed by all rules of permanent establishments as set forth in this chapter and applicable law. No person shall own or operate a temporary body art establishment without first having applied for and received a temporary body art establishment license from the Department of Health in accordance with the following conditions:
Each practitioner shall maintain current professional malpractice liability insurance. A copy of said insurance shall be kept on file at the body art establishment and shall be made available for inspection by the Department of Health.
The following shall be exempt from this chapter:
[Amended 10-27-2009 by Ord. No. 2009-68]
Any person who violates any provision of this chapter or who refuses to comply with a lawful order or directive of the Department of Health, upon conviction, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each offense shall be pursued in the Municipal Court of Vineland or any other court of competent jurisdiction. Any penalty recovered shall be paid to the municipal treasury.