Borough of Totowa, NJ Tattoo Artists

The indelible or temporary mark or figure affixed upon the surface of the human body by the insertion of pigment under the skin, by production of scars or other methods.

TATTOO ARTIST or TATTOOER

A person who forms or removes tattoos.

TATTOO PARLOR OR ESTABLISHMENT

Any establishment or operation wherein a tattoo is removed or affixed upon the surface of the human body for any form of consideration.

§ 370-2 Certificate of occupancy required.

No person, firm or corporation shall apply for a license or operate any establishment or utilize any premises within the Borough of Totowa as or for a tattoo establishment unless or until a certificate of occupancy has been issued by the Building Inspector of the Borough of Totowa in accordance with the Zoning Code of the Borough of Totowa subject to minor site plan approval of the Borough of Totowa Planning Board. (See § 415-51C.)

§ 370-3 License required for establishments.

No person, firm or corporation shall operate any establishments or utilize any premises within the Borough of Totowa or for a tattoo establishment unless and until there first has been obtained a license for such establishment or premises from the Municipal Clerk of the Borough of Totowa in accordance with the terms and provisions of this chapter.

§ 370-4 License required for tattoo artist.

No person shall render or perform services as a tattoo artist or engage in the business of or be employed as a tattoo artist unless and until he/she has obtained a license from the Municipal Clerk of the Borough of Totowa in accordance with the terms and provisions of this chapter.

§ 370-5 Application requirements.

Application for licenses under this chapter shall be made to the Municipal Clerk, in writing, upon such printed forms as the Clerk shall prescribe and prepare. Such forms may be obtained from the office of the Municipal Clerk and shall be signed by the applicant under oath and shall contain the following information:

If an individual, the full name, age, sex and residence address at the time of application and all former addresses for a period of three years prior to making the application.

If a corporation, the full corporate name, the date and 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.

If a partnership, the information required by Subsection A above for each partner and the name under which the business is being conducted.

The educational and/or business experience of the applicant in the business occupation for which the license is sought.

The length of time that the applicant has been engaged in such business or occupation.

Whether the applicant has ever been convicted of any criminal violation, the date, nature and disposition of such criminal charges, summons, complaint or indictment.

Name, address and age of every person to be initially employed to conduct the service. This shall be a continuing obligation for licensees to update the list of employees.

State date upon which Building Department has approved the location for the business.

§ 370-6 Investigation of applicant.

Upon receipt of an application, the Municipal Clerk will cause to be conducted a brief inquiry by the Police Department, Zoning Officer and any other department or agency of the Borough of Totowa 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 of tattooing.

§ 370-7 Issuance of license; exceptions.

The Municipal Clerk may deny an application where the investigation or inquiry demonstrates that:

(1)

The information set forth in the application is fraudulent or misleading;

(2)

The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has been expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which offense relates adversely to the business for which the license is sought. In this regard, the Municipal Clerk 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 proposed location is not a proper area and will cause obstruction of the public right-of-way or sidewalks or create a neighboring disturbance as so stated by the Police Department;

(5)

The real estate property taxes or assessments for the proposed location are delinquent for more than six months;

(6)

The roadways adjacent to the location, its ingress and engross are inadequately designed for safe traffic or pedestrian circulation;

(7)

The proposed hours of business or nature of the business will coincide or overlap other business or activities currently permitted at the same location; or

(8)

The proposed means of advertisement, marketing, display or exhibition is contrary to the Zoning or Building Code or other ordinances of the Borough of Totowa.

The Municipal Clerk shall not issue any license until the Borough Health Official shall issue a certification stating that the proposed tattoo establishment, instruments and applicant have met all applicable state, federal municipal health codes and regulations.

§ 370-8 Exhibition of license.

The license issued shall be posted conspicuously in the place of business or location named herein.

§ 370-9 License not transferable.

No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable.

§ 370-10 Fees.

The applicant for a license for a tattoo establishment or premises shall pay an annual license fee of $500, which license fee shall become due and payable on or before the first of July each year. The applicant for a tattoo artist license shall pay an annual fee of $300, which license fee shall become due and payable on or before the first of July each year.

§ 370-11 Zoning requirements.

No person or entity shall be issued a license to manage, conduct or operate the business of a tattoo establishment in the Borough of Totowa in any district as established by the Zoning Ordinance of the Borough of Totowa with the exception of the highway business district known as the B-3 Business Zone.

§ 370-12 Service of minors.

No person or entity shall provide a tattoo to a minor.

§ 370-13 Sanitary requirements.

The tattoo establishment shall be so located or constructed as to prevent the containment of the work areas of the studio by dust from the street or sidewalk.

The building and equipment shall be maintained in a state of good repair at all times. All parts of the tattoo establishment shall be kept neat, clean and free from litter and rubbish.

Each tattoo establishment shall have at least one individualized, enclosed tattooing room, separate and apart from observers and waiting customers. Tattooing and related activities shall not be performed in any other part of the tattoo establishment except in the tattooing room(s). Tattooing room shall be used for no other purpose.

All floors located within the tattooing room(s) shall be smooth, made of nonporous material and easily cleared. Walls, ceilings and floors shall be kept clean and free from dust and debris. Floors, walls or ceilings shall not be swept or cleaned while tattooing is in operation.

Adequate light and ventilation shall be provided within the tattooing room(s).

Each tattooing room shall contain a sink with foot pedals and/or automatic hand sensors for the exclusive use of the tattoo artist to wash their hands and prepare the customer for tattooing. The sink shall be provided with adequate hot and cold running water. There shall also be available at the sink approved soap, clean individual towels and refuse containers. Individual ultrasonic cleaners shall be provided by owner at each station with dingle service applications.

Adequate toilet, urinal and hand washing facilities shall be available on the studio premises for use of customers and tattooing artists. Toilets, urinals and hand washing facilities shall be maintained in a sanitary condition at all times.

An adequate number of work tables shall be provided for each tattoo artist. The surface of all work tables shall be constructed of metal or other material which is smooth, nonabsorbent, corrosive-resistant and easily sanitized.

The chair and/or table upon which a patron will be positioned during the tattooing process shall be constructed whereby it is covered with a smooth, nonporous material. Any portion of the chair and/or table upon which a patron's exposed skin may come in contact with shall be covered with sanitary tissue and/or paper towel which shall be discarded upon completion of the work on a patron. Following work being performed on a patron, the patron's chair and/or table shall be thoroughly cleaned with antibacterial solution.

Each tattooing room shall have proper closed and locked cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the studio.

Each tattooing room shall contain two refuse containers. One refuse container shall be used exclusively for general waste materials. The second refuse container shall be used exclusively for bio-hazardous waste products. The bio-hazardous refuse container shall be clearly marked.

All tattoo establishments shall obtain a bio-hazardous generator's license issued by the State of New Jersey. All blood-soaked products shall be placed in clearly marked bio-hazard refuse containers. All bio-hazardous waste products shall be disposed of through a licensed medical waste service.

No smoking shall be permitted in any tattoo establishment.

The establishment license holder shall maintain proper records of each patron. A record of each patron shall include the date on which he/she was tattooed, his/her name and his/her signature, address, age, the design of the tattoo and its location on his/her body, the name of the tattoo artist who tattooed him/her and a photocopy of a valid form of identification for each patron. These records shall be entered in ink or indelible pencil in a bound book solely for that purpose. This book shall be available at reasonable hours for examination by the Board of Health and shall be preserved for at least five years from the date of the last entry therein.

Interior design and floor plans for the tattoo establishment must be submitted to the Board of Health and approved prior to operation of the facility.

Minimum standards:

(1)

The tattoo artist will use standards of ascetic technique in the tattooing, dressing and other operations that are approved by the Board of Health. Only such dressings and germicides as are approved by the Board of Health may be used. All instruments, needles, stencils, dyes, pigments, dressing materials, razors, and other equipment used by the tattooing artist while tattooing shall be sterile.

(2)

The following minimum standards shall be observed at all times:

(a)

No person shall practice tattooing in any other place than the tattooing room in a tattoo establishment for which a certificate of occupancy has been issued.

(b)

It shall be unlawful to knowingly perform any tattooing in an individual who is under the influence of intoxicating liquor or drugs.

(c)

It shall be unlawful to knowingly perform tattooing on an individual under the age of 18 years.

(d)

Immediately after tattooing a patron, the tattoo artist shall advise the patron in writing on the care of the tattoo and shall instruct the patron to consult a physician at the first sign of infection of the tattoo.

(e)

Each tattoo artist must wear a clean outer garment.

(f)

Before working on each patron, each tattoo artist shall thoroughly clean his/her hands with hot running water and antibacterial soap. When working on a patron, each tattoo artist shall wear latex gloves.

(g)

The portion of the patron's skin to be tattooed shall be prepared by applying 70% alcohol or other approved germicidal solution and then washed with tincture of a green soap; by shaving with a sterile safety razor and a single service blade; and shaving shall be followed by a thorough cleansing with a second application of 70% alcohol or approved germicidal solution with a clean disposable cotton gauze or paper towel. An atomizer bottle used in the application of alcohol and soap used in preparing the patron's skin should be covered with a disposable plastic bag and the plastic bag shall be discarded after each use.

(h)

Only petroleum jelly, United States Pharmacopoeia or National Formulary shall be applied to the tattooed area by sterile tongue depressors using a single disposable container.

(i)

The stencils for transferring the design to the skin shall be disposable paper stencils. No plastic or reusable stencils shall be used.

(j)

Single-service or individual portions of dyes or pigments in clean, sterilized, individual containers or single-service containers must be used for each patron. After tattooing, the remaining unused dye or pigments in the single-service or individual containers must be discarded.

(k)

A set of individual, single-service sterilized needles shall be used for each patron. Needles should be of a solver soldered nature containing no lead. Needles should be cleaned in an ultrasonic cleaning device, sterilized and stored in individualized sterile bags (steribags). Tubes used in the operation shall be made of stainless steel.

[1]

Sterilization shall be done by holding in an approved autoclave for 15 minutes at 270° F. (132° C.).

[2]

A second and/or replacement autoclave must be available at all times for use in the event of malfunction of the primary autoclave.

[3]

Proper functioning of sterilization cycles shall be verified by the monthly use of biological indicators (i.e., spore test). A log book of these monthly test results shall be available and a test may be required to be performed during any inspection.

[4]

If both autoclaves malfunction, the Board of Health must be notified within 24 hours. In an emergent situation, the Board of Health may approve alternate sterilization techniques.

[5]

No rusty, dull or faulty needles shall be used for tattooing. No needle grouping shall be reused.

As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile gauze, sterile cotton or paper towels.

The complete tattoo shall have the excess dye or pigment removed with paper towel and tincture of green soap. It shall then be washed with a piece of sterile gauze, sterile cotton or paper towels saturated with an approved germicidal solution (tincture of green soap). It shall be allowed to dry. After drying, petroleum jelly, United States Pharmacopeia or National Formulary shall be applied and the entire area covered with a piece of sterile gauze and/or sanitary towels which may in turn be covered with a piece of tissue and/or cellophane wrap fastened to the site with an approved type of adhesive.

Storage cabinets shall be maintained in sanitary condition and all instruments, dyes, pigments, stencils and other paraphernalia shall, when not being used, be kept in them in an orderly arrangement.

Work tables shall be kept clean and shall have washable interiors.

No person, except a duly licensed physician shall engage in the practice of removing any tattoo.

§ 370-14 Licensing by and compliance with Passaic County Board of Health.

No person, firm or corporation shall operate any establishments or utilize any premises within the Borough of Totowa or for a tattoo establishment unless and until there first has been obtained a license for such establishment or premises from the Passaic County Board of Health and is and remains in compliance with all regulations promulgated by the Passaic County Board of Health.

§ 370-15 Violations and penalties.

Any person, firm, organization, association, partnership or corporation who shall violate any provisions of this chapter or fail to comply therewith shall severally for each and every such violation and noncompliance, upon conviction thereof, be subject to a fine in the amount of $2,000 or be subject to imprisonment in jail for a period of not more than 90 days. The imposition of the foregoing penalty shall not bar the governing body to specifically enforce the provisions of this chapter. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur and shall be punishable as such.

§ 370-16 Repealer.

Any ordinance or parts of ordinances inconsistent with the provision of the within chapter are hereby repealed to the extent of such inconsistency only.

§ 370-17 Severability.

If any article, section, subsection, sentence, clause or phrase of this chapter is for any reason deemed to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.

§ 370-18 When effective.

This chapter shall take effect immediately upon final passage and publications as required by law.