[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 8-12 of the 1996 Revised General Ordinances, as amended through Ord. No. 2002-1. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person that performs the art of tattooing or body piercing under the direct supervision of a practitioner in order to learn body art procedures.
- BODY ART
- The practice of physical body adornment in licensed establishments by operators utilizing, but not limited to, body piercing tattooing and permanent cosmetics.
- BODY PIERCING
- 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. Such definition shall not apply to medical services performed by a licensed physician.
- LEGAL GUARDIAN
- An individual who, by legal appointment or by the effect of written law, has been given custody of a minor or adult.
- Any person that performs the art 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.
No person shall engage in the business of tattooing or body piercing, whether for compensation or not, operate any establishment where tattooing or body piercing is performed, whether for compensation or not, or tattoo or body pierce any person, whether for compensation or not, without complying with the requirements of this chapter, pursuant to local rules and regulations, as well as the regulations of the State of New Jersey, or regulations about to be adopted, including the New Jersey Administrative Code at N.J.A.C. 8:27.
No person shall display a sign or in any way advertise or purport to be a body art practitioner or be engaged in the business of body art without first obtaining a license or permit for the facility from the Department of Health.
Each applicant for a license must qualify each year for a body piercing license and shall pay an annual license fee as set forth in Chapter 155, Fees, prior to the issuance of a license to engage in body piercing.
Each applicant for a license must qualify each year for a tattooing business license and shall pay an annual license fee as set forth in Chapter 155, Fees, prior to the issuance of a license to engage in tattooing of the body.
Each body piercing license and tattooing business license issued by the City shall contain a registration number, and no such license shall be transferable to another person or entity.
Licenses issued pursuant to the provision of this chapter shall be valid for 12 months from the date of issuance. No license will be issued for a subsequent year unless the licensee makes application for, and fully complies with, the provisions of this chapter.
Establishments. All tattooing establishments located within the City shall be maintained in a clean and sanitary manner, in compliance with practical municipal ordinances and local rules and regulations, as well as all rules and regulations of the state which shall be deemed applicable.
Procedures. All tattooing and other related procedures shall be carried out in a clean, safe and sanitary manner so as to minimize the danger of infection to the person being tattooed, including, but not limited to:
Implements and instruments. All instruments or other implements, including, but not limited to, needles used in connection with tattooing, shall be first sterilized by autoclaving at a minimum of 250° for a period of not less than one hour. Such autoclaving shall be done at the licensed premises.
Dyes and solutions. No dye, solution, chemical, substance, material or any other thing shall be used in the application of tattoos to any person unless such solution shall be approved by the United States Food and Drug Administration or other appropriate agency of local, state or federal government for tattooing purposes.
Body piercing establishments and equipment.
The room in which body piercing is done shall have an area of not less than 100 square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface.
A toilet shall be adjacent to the area where the body piercing is performed. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
All tables shall be constructed of easily cleanable impervious material and shall be separated from waiting customers or observers by a panel at least four feet high.
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
No minor or incompetent may be tattooed without the written consent of his/her parent or legal guardian and unless the parent or legal guardian is present with the minor at the time of the body art procedure.
No one who appears to be under the influence of a drug or alcohol shall be tattooed, and the record will so indicate.
All persons engaged in the business of tattooing, whether for compensation or not, or who endeavor in any manner whatsoever to tattoo any person shall maintain, for a period of five years from the date of tattooing, records, which shall be sequentially numbered, containing the following information:
The date of tattooing.
The name, address and sex of the person tattooed.
The name and address of the person performing the tattoo operation.
The design, color or colors and location on the body of the tattoo.
The dye or substance used in the marking of the skin.
The method of tattooing used.
If the person tattooed is a minor, as defined by law, the name, address and relationship to the person tattooed of any person consenting to the tattooing operation on behalf of such minor, along with the consent. It shall not be a defense to any proceeding under this chapter for failure to maintain such record that the person requesting tattooing represented him/herself to be of legal age unless such representation shall be in writing, signed by the person to be tattooed and accompanied by a notation as to what means were used to obtain proof of age, provided that the appearance of the person requesting tattooing was such that an ordinary prudent person would believe such person to be of legal age.
It shall be a violation for anyone to pierce any body part of an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator and unless the parent or legal guardian is present with the minor at the time of the body art procedure.
Competent proof of age shall be required to be shown with the application for piercing.
Refusal. If the client's parents and/or legal guardians are suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the client.
Application. In addition to the requirements to locate and construct a body art establishment in the New Jersey Administrative Code at N.J.A.C. 8:27, any person desiring to engage in body piercing or tattooing shall apply to the City Department of Health, in writing, on forms promulgated and supplied by the Department of Health for such purpose. Such form shall be duly verified by the applicant. Separate applications and separate licenses will be required for body piercing and tattooing. The application shall set forth:
The name, permanent addresses and telephone numbers of the applicant.
The address and telephone number of the manager of the business, if different from the applicant.
If the applicant is a corporation, partnership, LLP or LLC, provide the name and address of its registered agent.
The full business name, business address and post office address of the proposed establishment.
Copy of the New Jersey sales tax certificate.
If the applicant is a corporation, partnership of firm, the federal employer identification number (EIN) and the social security number if the applicant is a proprietorship.
A certification that the applicant is a citizen of the United States or, if not, is a holder of documentation authorizing the alien to be employed in the United States of America, such as an alien registration card issued by the United States Immigration and Naturalization Services (INS) on Form No. 1-151, 1-551, 1-94 with an endorsement authorizing employment in the United State of America.
If the applicant is a partnership, firm or corporation, all information required by the application shall apply not only to the partnership, firm or corporation, but also to each officer, director or holder of 10% of the issued stock, if a corporation, and to all members of a partnership or firm.
Proof of general liability insurance equal to the among of $1,000,000 of liability coverage for the applicant, operator and/or owner of the establishment; and proof of malpractice liability insurance equal to the amount of $1,000,000 for the applicant, operator and/or owner of the establishment. Such insurance policies shall name the City as an additional insured. Proof shall include a certificate of insurance issued to the applicant by an insurance company licensed to do business in the State of New Jersey. The insurance certificate submitted to Union City must include a thirty-day notice to Union City of cancellation or nonrenewal of the insurance. There must be a ten-day notice clause for cancellation or nonrenewal of the insurance due to nonpayment of the insurance premium. Cancellation or nonrenewal of the insurance during the license term shall be grounds for immediate suspension or termination of the tattoo/body piercing license.
Each licensee performing piercing shall have completed a first aid certification course sponsored by the American Red Cross, or equivalent agency. Each licensee shall possess a first aid certification.
The owner, operator, practitioner and apprentice shall provide proof of at least 12 months' experience.
The owner/operator proof shall include a signed statement from the previous employer, a business license, business records, purchasing records and one or more samples of the applicant's advertising.
The practitioner proof shall include 1,000 hours of experience for piercing, 2,000 hours of experience for tattoos, three certifications original signed statements from previous clients, 10 original photographs of piercing, tattoos and completion of a blood borne pathogen course.
The apprentice proof shall include an established written apprentice program and the amount of hours completed in the apprentice program. An apprentice is required to complete 2,000 hours of direct supervision.
A written agreement from the applicant in a form approved by the City's Corporation Counsel indemnifying and holding the City harmless from any and all claims, losses, judgments or sums of money of whatsoever kind and nature arising in, from or in connection with the applicant's body art business.
Guidelines; approval of local health authority. Written guidelines shall be established for the care of the site after piercing and shall be approved by the local health authority. Each client shall receive a written copy of the guidelines for care of body piercing sites.
Proof of immunity of operator. Hepatitis B pre-exposure or proof of immunity is required for all body piercing operators who use needles. Any accidental needle stick injury shall be reported to the Health Department. If a person cannot obtain the vaccination for medical reasons, (s)he shall submit to the Health Department a letter from his/her physician certifying that the individual does not have Hepatitis B and the vaccination contraindicated.
Training program for operator. All body piercing operators shall attend a training program sponsored by the Health Department to assure basic knowledge or sterile technique and universal precautions.
The operation of a body piercing establishment by the operator shall be carried out in a clean, safe and sanitary manner so as to minimize the danger of infection to the person being body pierced, including, but not limited to:
Requirements for the body piercing procedures shall be established by the Health Department, and a copy shall be given to each licensee upon obtaining the annual license.
All instruments shall be sterilized and maintained in a sanitary manner. The sterilization shall include all instruments used for body piercing, which shall be steam sterilized before use on any customer. Needles shall be single use only. Other methods of sterilization shall be approved by the local Health Department. The proper procedures for sterilization and minimum guidelines for body piercing shall be set forth in the rules established by the Health Department.
The disposal of waste from this procedure shall be in accordance with the statutes, rules and regulations established for the disposal of medical wastes.
All records and facilities of any establishment in which tattooing or body piercing is performed, whether for compensation or not, shall be open for inspection by the City Health Officer, or such person designated by the Department of Health, with or without notice.
No person or operator of any establishment or other place where tattooing or body piercing is performed shall state, represent, warrant, advertise or imply to a customer, potential customers or to the public at large that the establishment is endorsed, regulated or approved by the City, or any department thereof, or is conducted in compliance with the terms of this chapter.