[Added 4-12-2021 by Ord. No. BH-21-001]
The purpose of this chapter is to regulate the practices of body art, including permanent cosmetics, microblading, tattooing and body piercing, as set forth in this chapter, within the Borough of Moonachie so as to ensure the public safety and health against illness and injury.
[Added 4-12-2021 by Ord. No. BH-21-001]
All terms referenced in this chapter shall be defined in accordance with the definitions set forth in N.J.A.C. 8:27-1.3.
[Added 4-12-2021 by Ord. No. BH-21-001]
All persons who own or operate an establishment that practices or performs body art procedures, such as permanent cosmetics, microblading, tattooing and body piercing, within the Borough of Moonachie shall do so only in complete compliance with the provisions of N.J.A.C. 8:27-1.1 through 8:27-11.5.
[Added 4-12-2021 by Ord. No. BH-21-001]
No person shall own or operate a tattoo or body art establishment within the Borough of Moonachie unless such person has registered such establishment with the Moonachie Board of Health and has received a certificate of inspection from the Board. No certificate of inspection shall be issued unless the establishment has been inspected by the Board of Health and found to be in compliance with the requirements of this chapter and all applicable provisions of the New Jersey Administrative Code. The Board of Health shall inspect each tattoo or body art establishment annually to ensure that said establishment complies with all applicable provisions of the New Jersey Administrative Code.
[Added 4-12-2021 by Ord. No. BH-21-001]
a. 
No person shall own or operate a tattoo or body art establishment without first obtaining a license from the Board of Health to engage in such business.
b. 
An application for a license to operate a tattoo or body art establishment shall be accompanied by an annual fee in the amount of $300. Any change in ownership of a tattoo or body art establishment shall require a new application and license, requiring payment of an additional license fee.
c. 
All licenses shall expire on the 31st day of December annually.
d. 
Every license shall be displayed in a conspicuous place within the body art establishment so that same may be readily seen by persons entering the premises.
e. 
In the event of any renovations and/or alteration to a tattoo or body art establishment, plans must be submitted to the Board of Health detailing the nature and extent of any renovations and/or alterations.
f. 
All applicants shall submit construction plans and/or floor plans to the Moonachie Health Department and Moonachie Construction Department for review and approval prior to construction and operation.
[Added 4-12-2021 by Ord. No. BH-21-001]
a. 
Compliance with requirements of State Department of Health. All establishments and practitioners of body art shall comply with all requirements enacted by the State Department of Health pursuant to N.J.S.A. 26:1A-10 et seq., and the regulations promulgated thereunder pursuant to N.J.A.C. 8:27-1.1, as they pertain to the practice of permanent cosmetics.
b. 
Persons seeking body art services.
1. 
It shall be a violation of this section for any establishment or practitioner to provide body art services to an individual under 18 years of age without authorization signed by the parent or legal guardian of such individual and witnessed by the operator of the establishment. The operator shall be responsible for maintaining the original consent form and copies of all consent information, and copies of the photographic identification of both the individual receiving the body art services and the parent or legal guardian authorizing such services, for a period of three years.
2. 
Each person receiving body art services must first apply to the operator of the establishment, on a form approved by the Moonachie Health Department. Body art services may then be applied no sooner than one hour after the time of the application received by the practitioner. If the applicant is suspected of being under the influence of alcohol, drugs or any other behavioral modifying substance, the operator shall refuse to perform body art services for the applicant.
3. 
All establishments, operators of establishments, and practitioners shall be subject to a satisfactory background check as may be required by the Moonachie Police Department.
4. 
No establishment, operator of an establishment, or practitioner shall have been convicted of a criminal offense in any jurisdiction.
[Added 4-12-2021 by Ord. No. BH-21-001]
a. 
The Board of Health shall have the authority, as established by N.J.A.C. 8:27-11.1 through 8:27-11.4 to suspend or revoke any license to operate issued to any owner/operator of a tattoo or body art establishment in the event of any material violation of the provisions of this chapter or the provisions of the New Jersey Administrative Code. In the event the Health Officer of the Borough finds that an owner/operator of an establishment has violated the provisions of this chapter or the Administrative Code, the Board of Health may suspend or revoke any license to operate the establishment or impose any applicable penalties as authorized by the New Jersey Administrative Code.
b. 
Penalty. Any establishment, operator or practitioner who violates any subsection of this chapter or fails to comply with any provisions of this chapter, or the State Department of Health or sanitary codes, shall be subject to a fine of not less than $250 nor more than $1,000 for each violation, or imprisonment in the county jail up to 90 days, or both. Each day that the violation exists shall be considered to be a separate offense.