[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 2000-27 (Sec. 4-14 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
[Amended by Ord. No. 2001-22]
As used in this chapter, the following terms shall have the
meanings indicated:
One who engages in body piercing.
The piercing or puncturing of the skin, cartilage, bone or
other tissue on the human body, but not including ear lobe piercing.
Written approval from the Health Officer of his/her authorized
representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this chapter.
The puncturing of the lobe of the ear or the trailing edge
of the ear using a pre-sterilized single-use stud and clasp ear piercing
system following manufacturer's instructions.
The premises wherein tattooing or body piercing is performed.
The Borough of Red Bank Health Officer or his/her authorized
representative.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing or body piercing
is performed, and any individual who performs or practices the art
of tattooing or body piercing on the person of another.
A bactericidal treatment of cleaned surfaces by a process
which is effective in reducing the number of microorganisms to a safe
level.
Products or items that are disposed of after use on each
client, including but not limited to cotton swabs or balls, tissues
or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, needles, scalpel blades, stencils and ink cups.
Destruction of all forms of microbiotic life, including spores.
One who engages in tattooing.
Any method of placing designs, letters, scrolls, figures,
symbols or any marks upon or beneath the skin with ink or any other
substance resulting in the marking or coloration of the skin, by the
aid of needles or any other instruments designed to puncture the skin.
A.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Borough of Red Bank to
engage in such business in accordance with the provisions hereof.
B.
An application for an initial license shall be made to the Health
Department of the Borough of Red Bank accompanied by a fee in the
amount of $200.
C.
Application. The application shall be made, in writing, upon such
printed forms as the Red Bank Board of Health shall prescribe and
prepare. Such forms may be obtained from the Health Department and
shall be signed by the applicant under oath and shall contain the
following information:
(1)
If an individual, the full name, age, sex and residential address
at the time of application and the business address and phone number.
(2)
If a corporation, the full corporate name, the date and the state
of incorporation, address of the place or places of business, the
name and address of the registered agent and the name, address and
age of any principal owning more than 10% of the stock.
(3)
If a partnership, the information required by Subsection C(1) of this section for each partner and the name under which the business is being conducted.
(4)
The educational and/or business experience of the applicant in the
business or occupation for which the license is sought.
(5)
The length of time that the applicant has been engaged in such business
or occupation.
(6)
Proof that the applicant carries professional and general liability
insurance and the amounts of such coverage and the companies providing
such insurance.
(7)
Whether the applicant has ever been convicted of any criminal violation,
the date, nature and disposition of such criminal charges, summons,
complaint or indictment.
(8)
Name, address and age of every tattoo artist and body piercer to
be employed. This shall be a continuing obligation for licensees to
update the list of employees with the Health Department.
(9)
Medical certificates for each tattoo artist and body piercer, pursuant to § 622-6A of this chapter, shall be submitted with the application.
(10)
A copy of the certificate of occupancy approved for the location
of the business shall accompany the application.
D.
Investigation. Upon receipt of an application, the Board of Health
shall cause to be conducted a brief inquiry by the Police Department,
Construction Official and any other department or agency of the Borough
of Red Bank or State of New Jersey to verify the information contained
in the application. Such inquiry shall be designed to include the
reputation, business responsibility, reliability, criminal background
and motor vehicle license abstracts of the applicant and all persons
having management or supervision. It shall further include an inquiry
or investigation of the proposed location and items proposed to be
sold or used in the business or enterprise.
E.
Denial of license. The Board of Health may deny an application where
the investigation or inquiry demonstrates that:
(1)
The information set forth in the application is incomplete or fraudulent;
(2)
The applicant or any person conducting the business has been convicted
of a crime or disorderly persons offense which has not been expunged
or pardoned, and which offense relates adversely to the business for
which the license is sought. In this regard, the Board of Health shall
be guided by N.J.S.A. 2A:168A-2;
(3)
The applicant has, within four months of the application, been addicted
to the habitual use of drugs or intoxicating liquors;
(4)
The business property and location do not comply with requirements
for business use, as the same are set forth by the Zoning Officer
and/or other departments or agencies of the Borough of Red Bank.
F.
Appeal. Any person aggrieved by denial of their application may appeal
to the Mayor and Council by filing a written appeal with the Borough
Clerk within 10 days of such denial. The Mayor and Council shall hold
a public hearing in connection therewith within 30 days from said
appeal, and shall thereafter affirm, modify or reverse the denial.
G.
The Board of Health shall not issue any license until the Health
Officer shall issue a certificate of inspection stating that the proposed
establishment, instruments and applicant have met all applicable state,
federal and municipal codes and regulations.
H.
No license or renewal thereof granted under the provisions of this
chapter shall be assignable or transferable. Any change of ownership
shall require a new application and license with payment of fees.
I.
Renewal. The renewal license fee for engaging in the business of
operating an establishment subject to this chapter shall be $100.
All licenses shall expire on the last day of each calendar year regardless
of the date issued. All applications for renewal must be presented
to the Board of Health in writing on forms prescribed by the Board,
within 30 days of the end of the calendar year.
J.
All establishments existing at the time of the enactment of this
chapter shall apply for licensing within one month after the effective
date of this chapter.
K.
The license shall be posted conspicuously in the place of business
or location named therein.
L.
All applicants shall comply with the provisions of this chapter,
as well as all other applicable codes, regulations or laws. In addition,
if renovations of the tattoo or body piercing establishment occur,
plans shall be submitted to the Borough of Red Bank Board of Health
and Construction Department.
M.
In the event that an applicant fails to qualify for a license under
this chapter, the fee herein prescribed shall not be refunded.
[Amended by Ord. No. 2001-22]
A.
It shall be a violation of this chapter for anyone or any tattoo
or body piercing business to tattoo or body pierce or to pierce the
earlobe of any individual under 18 years of age without parental consent.
B.
The operator shall require the production of two forms of identification
from the individual seeking services, one of which must be a government-issued
photographic identification proving the applicant is at least 18 years
of age.
C.
For individuals under the age of 18, a parent or court-ordered legal
guardian must accompany the minor to the establishment for his/her
tattoo or body piercing or earlobe piercing. The parent or legal guardian
must sign a consent form in the presence of the operator. The parent
or legal guardian must also produce a government-issued photographic
identification, a copy of which shall be maintained by the establishment
with the other consent documentation.
D.
The operator shall be responsible for maintaining the original authorization
form and copies of all consent information and identification documentation
for a period of two years beyond the recipient's 21st birthday.
A.
Each person wishing to receive a tattoo or body piercing must first
apply to the operator on a form approved by the Red Bank Board of
Health. A tattoo or body pierce may then be applied no sooner than
one hour after the time of the application is received by the tattoo
artist or body piercer.
B.
Information required for each applicant shall include the name, age,
sex, date of birth, address and telephone number of the applicant.
The name of the person who did the tattoo or body piercing, the design,
location, ink lot number(s) of the tattoo, the type of body piercing
done, and the date of service shall be documented for each client.
C.
All records and copies of identification regarding tattoos or body
piercing are to be maintained for a minimum of two years. In the case
of minors, the information shall be maintained for a period of two
years beyond the recipient's 21st birthday.
D.
The name, address and telephone number of the establishment must
be on the heading of all waivers, care sheets, consents and other
forms utilized by the establishment.
E.
At such time when the establishment ceases doing business or is removed
from the Borough or changes its name or has a change in management
or ownership, all such records shall be turned over to the Borough
Health Department.
A.
Each tattoo or body piercing facility shall have a bathroom accessible
to the public and staff. Each bathroom will be equipped with a commode
and a sink, with the sink being connected to hot and cold running
water. Soap and sanitary towels, or other approved hand-drying devices,
shall be available at the sink at all times. Common towels are prohibited.
In addition to the above, each tattooing or body piercing cubicle
or work station must be provided with a sink connected to hot and
cold running water. This area shall also be supplied with soap and
appropriate hand-drying facilities. Employee hand-washing signs shall
be posted in each bathroom.
B.
The chair or seat reserved for the person receiving the tattoo or
body piercing shall be made of a material that is smooth and easily
cleanable and constructed of material that is nonabsorbent. Any surface
on the chair that becomes exposed to blood or body fluids must be
cleaned and sanitized prior to use by the next customer.
C.
The work table or counter used by the tattoo artist or body piercer
shall be smooth and easily cleanable and constructed of material that
is nonabsorbent. This table/counter must be cleaned and sanitized
between customers, utilizing a method approved by the Red Bank Board
of Health.
D.
The walls and ceilings in the tattooing or body piercing area shall
be light-colored, smooth and easily cleanable and constructed of a
nonabsorbent material. Walls and ceilings shall be kept clean at all
times.
E.
The floor in the tattooing or body piercing area shall be of durable
material that is nonabsorbent and is smooth and easily cleanable.
Floors shall be kept clean at all times.
F.
Adequate light and ventilation shall be provided.
G.
The work areas reserved for the application of the tattoo or body
piercing shall be separated from each other and from other areas of
the establishment by walls or durable partitions extending at least
six feet in height and so designed to discourage any persons other
than the customer and the tattoo artist or body piercer from being
in the work area.
H.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Red Bank Board of Health.
I.
Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on site from larger containers must be clearly
marked with the name of the product.
J.
Proper waste receptacles shall be provided and waste shall be disposed
of at appropriate intervals.
K.
The use of tobacco in any form while engaged in tattooing and/or
body piercing procedures is prohibited. The use of tobacco shall be
restricted to areas physically removed from the tattoo/body piercing
work areas.
L.
The consumption of food or drink shall be prohibited in the tattoo/body
piercing work areas of the establishment.
M.
Only articles considered necessary to the routine operation and maintenance
of the tattoo/body piercing workroom operation shall be permitted
in the establishment.
N.
No live bird, turtle, snake, dog, cat or other animal shall be permitted
in any area used for the conduct of tattooing and/or body piercing
operations or in the immediate open, adjacent areas including the
main waiting area and the public access to the toilet room, with the
exception of animals utilized for the assistance of the blind and/or
deaf.
O.
Effective measures shall be taken to protect against the entry of
insects and rodents onto the premises.
P.
No person having any skin infection or other diseases of the skin
or any communicable disease shall be tattooed or have body piercing
performed.
Q.
All areas of the establishment are to be accessible for inspection
by the Borough Health Department and its authorized representatives.
A.
Every person engaged in the practice of tattooing or body piercing
shall annually, first with the initial application and then with all
renewal applications, submit a medical certificate to the Health Officer,
signed by a physician duly licensed to practice medicine in the State
of New Jersey, stating that the prospective licensee is free from
all contagious or communicable diseases or conditions which may jeopardize
the health of clients and shall submit proof to the Health Officer
that he or she has been vaccinated for hepatitis B and has had a PPD
skin test for tuberculosis.
B.
The operator shall not allow any new hires to commence working as
a tattoo artist or body piercer until such person is properly registered
with the Health Department and a medical certificate is on file with
the Borough pursuant to this chapter.
C.
The operator shall develop operating guidelines that will prevent
accidental needle sticks and establish a monitoring system for those
persons accidentally stuck by a needle. The guidelines shall be submitted
to the Board of Health for approval prior to the issuance of a license
and subsequent renewals of license.
D.
All tattoo artists and body piercers shall be trained and have a
working knowledge of sterile techniques and universal precautions
to assure that infection and contagious diseases shall not be spread
by tattooing practices. Such training shall be documented in the personnel
files which shall be accessible to the Health Officer for review.
E.
Before working on each client, each tattoo artist or body piercer
shall scrub and wash his/her hands thoroughly with hot water and antiseptic
soap using his/her individual hand brush. Fingernails shall be kept
clean and short.
F.
Disposable vinyl or latex gloves shall be worn by the tattoo artist
or body piercer during tattoo/piercing preparation and application
to prevent contact with blood or body fluids. Hands shall be washed
immediately after removal of gloves. Any skin surface that has contact
with blood shall be washed immediately.
G.
Universal precautions described by the Centers for Disease Control
and Prevention (CDC) and Occupational Safety and Health Administration
(OSHA) shall be followed.
H.
Immediately after tattooing or body piercing a client, the tattooist
or body piercer shall advise the client on the care of the tattoo
or body piercing in verbal and written form and shall instruct the
client to consult a physician at the first sign of infection of the
tattoo or body piercing. Printed instructions regarding these points
shall be given to each client, and a copy of the instructions signed
by the client shall be kept on file in the establishment. The printed
instructions shall, at a minimum, specify:
I.
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be promptly reported to the
Health Officer by the person owning or operating the tattoo or body
piercing establishment or by the tattoo artist or body piercer.
A.
Tattooing or body piercing shall be done only on normal, healthy
skin surface that is free of moles, infections, rashes, pimples, boils,
scar tissue or other unhealthy condition.
B.
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 622-10 of this chapter after each use, and new blades shall be used for each client.
C.
Following shaving, the area shall be thoroughly cleansed and scrubbed
with tincture of green soap or its equivalent and warm water. Before
placing the design or body piercing on the client's skin, the
area shall be treated with 70% alcohol and allowed to air dry. Piercing
of mucous membranes (i.e., oral, nasal, vaginal, etc.) shall be treated
with an industry-appropriate and medically indicated antiseptic solution
prior to the procedure.
D.
Only petroleum jelly (USP or National Formulary) or antiseptic ointment
shall be applied to the tattoo area prior to tattooing or body piercing.
The ointment shall be applied in a sanitary manner, disposing of the
utensil after spreading. All ointments shall be single-use foil packs.
A.
The use of single-service hectographic stencils shall be required
for applying a tattoo outline to the skin. Multiuse stencils shall
be prohibited.
B.
Only nontoxic dyes or pigments purchased from reputable tattoo suppliers
may be used. No homemade dye may be used. Products shall not contain
talc. Premixed sterile materials are preferred. Premixed dyes shall
be used without adulteration of the manufacturer's original formula.
Dyes shall be nonirritating to tissue, stable to light and inert to
tissue metabolism. It shall be the responsibility of the operator
to provide certification to the Red Bank Board of Health of the nontoxicity
of the dyes or inks at the time of license application and renewal.
C.
Single-service or individual containers of dye or ink shall be used
for each client and the container disposed of immediately after completing
work on each client.
D.
The completed tattoo shall be washed with single-use sterile gauze
and a solution of tincture of green soap or its equivalent, then disinfected
with 70% alcohol. The area shall be allowed to air dry and antiseptic
ointment shall be applied and spread with sterile gauze and sterile
dressing attached.
E.
Upon completion of piercing of the mucous membranes, the area shall
be disinfected with industry-appropriate and medically indicated solutions.
A.
Only single-service sterilized needles and needle bars shall be used
for each client and shall be disposed of in accordance with applicable
laws.
B.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
C.
Any needle that penetrates the skin of the tattoo artist or body
piercer shall be immediately disposed of in accordance with applicable
law.
D.
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with Subsection E of this section, stored in sterile bags and maintained in a dry, closed area in a manner to prevent subsequent contamination.
E.
All instruments used in connection with the preparation for or process
of tattooing or body piercing shall be sterilized by a sterilizer
(autoclave) before each use. The sterilizer shall be well maintained
with a tight-fitting gasket and clean interior. The manufacturer's
operating instructions and sterilization specifications shall be at
hand. The sterilizer shall conform to the manufacturer's specifications
with regard to temperature, pressure and time of sterilization cycle.
Proper functioning of sterilization cycles shall be verified by the
weekly use of biologic indicators (i.e., spore tests). A log book
of these weekly test results shall be maintained and made available
for inspection, and a test may be required to be done during any inspections.
F.
If the primary source of sterilization malfunctions, the Red Bank
Board of Health shall be notified within 24 hours.
A.
All used needles, needle bars or other tools used in the tattooing
process, as well as gloves, gauze and other materials contaminated
with blood or body fluids, shall be removed through the use of a licensed
medical waste hauler in accordance with applicable law.
B.
All establishments shall manage contaminated (body fluids) contact
waste materials as medical waste pursuant to N.J.A.C. 7:26-3A.8. All
establishments shall be licensed with the State of New Jersey as a
medical waste generator, pursuant to N.J.A.C. 7:26-3A.8, prior to
approval from the Board of Health.
The following prohibitions apply to all operators and establishments
covered by this chapter:
A.
Body branding and/or scarification shall not be performed.
B.
Implants under the skin shall not be performed.
C.
No person shall perform genital piercing upon a person under 18 years
of age, regardless of parental consent.
D.
Operators shall refuse service to any person who, in the opinion
of the operator, is suspected to be under the influence of alcohol,
drugs or any other behavior modifying substance.
E.
No person shall display a sign or in any way advertise or purport
to be a tattoo artist or body piercer or to be engaged in the business
of tattooing or body piercing without first obtaining a license for
the facility as provided herein.
No person or operator of any establishment shall state, represent,
warrant or imply to customers, potential customers or the public at
large that the tattooing and body piercing establishment is endorsed
or its operations approved by the Borough of Red Bank.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction, be subject to a fine not exceeding $1,000 or imprisonment
not exceeding 90 days or community service not exceeding 90 days,
or any combination thereof for each violation. Each day that the violation
exists is considered to be a separate offense.
B.
Reasonable counsel fees incurred by the Borough of Red Bank in the
enforcement of this chapter shall be paid by the defendant. The amount
of such reimbursable fees and costs shall be determined by the court
hearing the matter.
C.
After due notice and hearing, the Board may suspend or revoke any
license issued under this chapter for violation of the provisions
herein.
