[HISTORY: Adopted by the Township Committee of the Township
of Wall 11-20-2018 by Ord. No.
18-2018. Amendments noted where applicable.]
The New Jersey Department of Health and Senior Services has
promulgated certain regulations known as the "New Jersey State Sanitary
Code, Chapter 8, Body Art Procedures," N.J.A.C. 8:27-1.1 through 8:27-1.4,
which establishes standards for sterilization, sanitation and safety
for persons engaged in the business of tattooing, permanent cosmetics,
and ear and body piercing and same is hereby adopted in its entirety,
with the exception of N.J.A.C. 8:27-10.1 through 8:27-10.3 which are
prohibited, and shall be controlling unless higher standards are prescribed
herein by the governing body.
As used in this chapter, the following terms shall have the
meanings indicated:
Any place or premises, whether public or private, where the
practices of body art, body piercing or permanent cosmetics, whether
or not for profit, are performed.
The appointed licensed municipal Health Officer or authorized
representative.
It shall be unlawful for any person to operate a body art 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.
A.Â
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.Â
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.
A.Â
The operation of the body art 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.
B.Â
Prior to the issuance or renewal of a license, the Health Officer or authorized representative shall inspect the body art 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 § 201-1.
C.Â
A body art 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.Â
A license shall not be issued for operation of a temporary body art
establishment or to perform body art procedures outside of the physical
site of a licensed establishment.
E.Â
A license shall not be issued to any temporary establishment for
the purposes of product demonstrations, industry trade shows, educational
reasons or any other purpose.
F.Â
Any establishment not served by a NJDEP-approved public community
water supply shall be required to sample for total coliform bacteria
on a quarterly basis. The sample must be collected from the sampling
point by personnel employed by a New Jersey licensed laboratory and
tested by a New Jersey licensed laboratory. The results must be provided
to the Health Department upon receipt.
G.Â
An establishment shall employ the services of a licensed pesticide
operator to inspect the premises on a monthly basis and to treat,
as needed, for insects and rodents.
A.Â
Initial application fee for body art establishment license: $250;
fee for body art license reinstatement after suspension or revocation:
$150.
B.Â
Initial application fee for license for establishment limited solely
to piercing of the ear: $100; fee for establishment limited solely
to piercing of the ear reinstatement after suspension or revocation:
$50.
C.Â
There shall be no license fee for renewals required on a yearly basis.
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.
A.Â
In the event that any court of competent jurisdiction determines
that any word, phrase, paragraph, or any other portion of this chapter
is void, then that portion of the chapter shall be severable from
the remaining portion of this chapter, and only that specific portion
of the chapter shall be void and all other portions of this chapter
shall remain completely in force and full effect.
B.Â
All other Township ordinances which are in conflict with this chapter
are hereby repealed to the extent of such conflict.
