[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:
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, tattooing, body piercing
and permanent cosmetics.
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.
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.
The City of Vineland Department of Health.
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.
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.
A.
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.
B.
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.
The nonrefundable fee for licenses herein shall be
as follows:
[Amended 5-8-2012 by Ord. No. 2012-23; 8-22-2023 by Ord. No. 2023-48]
|
Type of License
|
Fee
|
|---|---|
|
Initial body art facility license; includes plan review, pre-opening
inspection and initial license
|
$800
|
|
Renewal of body art facility license; includes first work station
|
$200 plus $100 each additional work station
|
|
Initial ear-piercing establishment license; includes plan review,
pre-opening inspection and initial license
|
$100
|
|
Renewal ear-piercing establishment
|
$50
|
|
Temporary body art event
|
$60 plus $5 per each additional day per practitioner
|
|
Practitioner licenses:
| |
|
Tattoo artist
|
Initial $70; renewal $35
|
|
Body piercer
|
Initial $70; renewal $35
|
|
Permanent cosmetologist
|
Initial $100; renewal $35
|
|
Renovations:
| |
|
Major renovation plan review
|
$300
|
|
Additional workstation-new procedure
|
$150
|
|
Additional workstation-current procedure
|
$75
|
B.
A statement of approval from the Zoning Officer shall
be required prior to the issuance of any body art establishment license.
C.
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:
A.
Implants under the skin shall not be performed in
a body art establishment.
B.
Scarification such as branding and cutting shall not
be performed in a body art establishment.
C.
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.
D.
No genital piercing shall be performed upon a person
under 18 years of age regardless of parental consent.
E.
No person shall practice or attempt to practice body
art in a nonlicensed establishment.
F.
A body art establishment shall at all times be under
the direct supervision of an operator.
G.
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.
H.
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.
