]HISTORY: Adopted by the Board of Health of the Borough of Hopatcong 11-19-2003 by Ord. No. 21-2003. Amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of licenses for body art establishments issued by the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- BODY ART ESTABLISHMENT
- Any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
- BODY ART PROCEDURES
- The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, body piercing, tattooing and permanent cosmetics.
This chapter does not apply to physicians who are authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq.
It shall be unlawful for any person to operate a body art establishment without first obtaining a license from the Borough of Hopatcong Board of Health.
All licenses must comply with sterilization, sanitation and safety standards outlined in N.J.A.C. 8:27-1 et seq.
Body art establishment licenses will be issued annually in January upon receipt of the requisite license fee. For those establishments that limit body art procedures to piercing of the trailing edge of the ear as described in N.J.A.C. 8:27-9.1, the annual licensing fee is $50. For all other body art establishments, the annual licensing fee is $125.
The following warrant immediate closure of a body art establishment until the violation is abated to the satisfaction of the Borough of Hopatcong Board of Health or its authorized agents:
Evidence of a failing or malfunctioning sewage system as defined in N.J.A.C. 7:9A for body art establishments with an on-site sewage system;
Evidence of failing water quality tests. To determine water quality, body art establishments served by an on-site well water system must submit laboratory reports for bacterial water quality to the Borough of Hopatcong Board of Health or its authorized agent during each quarter. Other water quality tests may be required by the Borough of Hopatcong Board of Health or its authorized agent; or
Any other reason outlined in N.J.A.C. 8:27-11.0.
Any medical waste generated at the body art establishment shall be stored and disposed of properly in accordance with state regulation.
Any violation of the provisions of this chapter shall be grounds for an enforcement action by the Borough of Hopatcong Board of Health or its authorized agent. Such enforcement action may include a penalty, a summons issued in municipal court or suspension, revocation or nonrenewal of the body art establishment's license.
Any person violating any provision of this chapter shall, upon conviction, pay a penalty of not less than $100 and not more than $1,000 for each offense, unless otherwise provided by law. Each day the violation exists shall be considered a separate offense.