[HISTORY: Adopted by the North Wildwood City Council 12-3-1996 by
Ord. No. 1247. Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licenses — See Ch. 292.
As used in this chapter, the following terms shall have the following
meanings indicated:
Piercing of the skin for the express intention of insertion of any
object, including but not limited to jewelry; provided, however, that the
piercing of the lobes of the ears shall be specifically excluded from the
purview of this chapter.
The Cape May County Department of Health.
A.
Any person, firm or corporation desiring to engage in
the body piercing business shall apply to the Clerk of the City of North Wildwood,
in writing, on forms supplied by the City of North Wildwood for said purpose,
which form shall be duly verified by the applicant. The application accompanied
by the license fee hereinafter fixed shall set forth:
(1)
Name and address of the applicant, and if the applicant
is a corporation or partnership, the names and addresses of all stockholders
or partners owning 10% or more of the applicants' business.
(2)
Local and permanent addresses and telephone numbers of
the applicant.
(3)
Name, local address and telephone number of the manager
of the business if different from the applicant.
(4)
If the applicant is a corporation, the name and address
of its registered agent.
(5)
The name and address of a person residing in or employed
in the City of North Wildwood designated by the applicant to accept service
of process of any complaint arising out of an alleged violation of the provisions
of this chapter. Said designee may be the applicant.
(6)
Copy of New Jersey sales tax certificate.
(7)
Federal employer identification number if the applicant
is a corporation, partnership or firm; Social Security number if the applicant
is a proprietorship.
(8)
A certification that the applicant is a citizen of the
United States or, if not, is the holder of documentation authorizing the alien
to be employed in the United States, such as an alien registration card issued
by the United States Immigration and Naturalization Service on Form No. I-151,
I-551, I-94 with an endorsement authorizing employment in the United States,
or the like.
B.
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.
C.
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 292 of the Code of the City of North Wildwood, and the requisite fee therefor, which is hereby established at $500, must be paid prior to the issuance of a license to engage in the body piercing business.
D.
Each body piercing business license issued by the Clerk
of the City of North Wildwood shall contain a registration number, and such
license shall be nontransferable.
Licenses issued pursuant to the provisions of this chapter shall be
good only from the day of issuance through the 30th day of June thereafter.
No subsequent license shall be issued without filing an application for renewal
similar to the original application for the license.
A.
It shall be unlawful to engage in the body piercing business
in the City of North Wildwood without first obtaining a license therefor pursuant
to the provisions of this chapter.
B.
No person, partnership, firm or corporation engaged in
the body piercing business, whether as an owner or an employee therein, shall
be issued a license to engage in body piercing, nor engage in such activity,
unless the premises at which such activity is to be conducted and the equipment
to be utilized in conjunction therewith meet the following standards:
(1)
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.
(2)
A toilet shall be adjacent to the area where body piercing
is performed. The lavatory shall be supplied with hot and cold running water,
soap and sanitary towels.
(3)
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.
(4)
The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair.
C.
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. The operator shall
be responsible for maintaining the original consent form and copies of all
consent information for a period of at least three years.
D.
If the client is suspected to be under the influence
of alcohol, drugs or any other behavioral modifying substance, the operator
must refuse the client.
E.
Each person wishing a body piercing must fill out an
application which will include the name, date of birth, address and telephone
number of the client as well as the location(s) of the piercing and the name
of the operator.
F.
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.
G.
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, he shall submit to the Health Department
a letter from his physician certifying that the individual does not have Hepatitis
B, and the vaccination is contraindicated.
H.
All body piercing operators shall attend a training program
sponsored by the Health Department to assure basic knowledge of sterile technique
and universal precautions.
I.
All persons, partnerships, firms and corporations engaged
in the body piercing business, whether as an owner or an employee therein,
shall utilize the following procedures in conducting the body piercing business:
(1)
The operator shall wash his hands thoroughly with an
antiseptic and water before starting a piercing; the hands shall be dried
with individual, single-use towels.
(2)
Gloves shall be worn with any procedure that involves
contact with a client's blood. Hands shall be thoroughly washed after the
procedure has been completed.
(3)
No piercing of the tongue shall be permitted.
(4)
No piercing shall be done on skin surface that has rash,
pimples, boils or infections, or manifests any evidence of unhealthy conditions.
(5)
The area to be pierced shall first be thoroughly washed
with warm water and an antiseptic liquid soap. A single-use sponge shall be
used to scrub the area.
(6)
Immediately after piercing, the patron shall be advised
on the care of the site and to consult a physician at the first sign of infection.
(7)
All infections resulting from body piercing which become
known to the operator shall be reported to the local Health Department within
24 hours.
(8)
Ear piercing guns may not be used for body piercing but
may only be used for piercing ear lobes.
J.
All persons, partnerships, firms and corporations engaged
in the body piercing business, whether as an owner or an employee therein,
shall utilize the following standards for sanitation of instruments utilized
in the body piercing business:
(1)
All clean and ready-to-use needles and instruments shall
be kept in a closed glass or metal case or storage cabinet while not in use.
Such cabinet shall be maintained in a sanitary manner at all times.
(2)
Only single service sterilized needles shall be used.
(3)
Needles used for body piercing shall be steam sterilized
before use on any customer. Any other method of sterilization shall be approved
by the local health authority.
(a)
The sterilizer shall be well-maintained with a tight-fitting
gasket and a clean interior.
(b)
The manufacturer's operating instructions and sterilization
specifications shall be at hand. The operation of the sterilizer shall conform
to the manufacturer's specifications with regard to temperature, pressure
and time of sterilization cycle.
(c)
Proper functioning of sterilization cycles shall be verified
by the weekly use of biological indicator (i.e., spore tests). A log book
of these weekly test results shall be available, and a test may be required
to be done during any inspections.
(d)
Each item to be sterilized shall be individually wrapped
using a chemical indicator or strip to verify steam exposure.
(4)
Forceps, accessory equipment and jewelry must be disinfected
with a chemical disinfectant registered by the Environmental Protection Agency
as being tuberculocidal when used at recommended dilutions. All operators
shall follow manufacturer's instructions when utilizing any chemical disinfectant.
K.
Disposal of wastes.
(1)
Needles shall not be bent or broken prior to disposal.
Operators shall take precautions to prevent injuries from contaminated needles.
(2)
Needles shall be disposed of directly into a solid puncture-resistant
container.
(3)
Needles, as well as gloves, gauze and other materials
saturated with blood, shall be discarded in a plastic bag and placed into
a cardboard box prior to the off-site disposal. A written agreement for disposal
of such waste shall be required and shall be with an authorized service for
disposal of medical waste.
In addition to being subject to the penalties provided in § 158-7 of this chapter, any license issued under this chapter may be revoked or suspended by the members of Council of the City of North Wildwood for any misstatement in any application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing before the members of Council of the City of North Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this chapter shall be served on the defendant personally or on the person designated to receive service in §158-2A(5) of this chapter, either personally or by certified mail, return-receipt requested, which notice will establish a date for a hearing to be held not sooner than five days not more than 14 days from the date of such notice, at which time, the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process. Should any license be revoked or suspended, no part of the license fee shall be returned.
Nothing in the foregoing shall be construed so as to affect the practice
of medicine or any other recognized profession or occupation by a person duly
licensed by the State of New Jersey to engage in such practice, profession
or occupation and whose license would lawfully authorize the piercing of the
body.
[Amended 5-21-2002 by Ord.
No. 1411]
Any person, partnership, firm or corporation who violates any section
of this chapter shall, upon conviction thereof, be subject to imprisonment
not exceeding 90 days and/or a fine of not less than $100 nor more than $1,250.
