03-25
Introduced: February 20, 2025
Public Hearing: March 6, 2025
Status: Adopted
Please note: An Ordinance Amending Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, and Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph
- WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
- WHEREAS, the Township of Randolph (“Township”) adopted Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph; and
- WHEREAS, based upon recommendations from Township staff, the Township desires to amend Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph governing body art establishments; and
- WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage, regulate and control the finances and property of the municipality; and
- WHEREAS, the Township desires to amend the Health Section of Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to update the fees for body art establishment and practitioner licenses and re-inspections.
- NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:
ARTICLE XI. – BODY ART ESTABLISHMENTS
Sec. 24-271. - License required; operator.
It shall be unlawful for any person to engage in the business of or operate an establishment where body piercing, ear piercing, tattooing or the application of permanent cosmetics is performed, as those terms are defined in, and governed by, Chapter VIII of the New Jersey State Sanitation Code, N.J.A.C. 8:27-1, et seq., without first obtaining a license from the Health Officer to engage in such business in accordance with the provisions herein and without complying with all of the provisions concerning operation and maintenance of the same as contained in N.J.A.C. 8:27-1, et seq.
Sec. 24-272. – License required; practitioner.
It shall be unlawful for any individual practitioner to conduct business where body piercing, ear piercing, tattooing or the application of permanent cosmetics is performed, as those terms are defined in, and governed by, Chapter VIII of the New Jersey State Sanitation Code, N.J.A.C. 8:27-1, et seq., without first obtaining a license from the Health Officer to engage in such business in accordance with the provisions herein and without complying with all of the provisions concerning operation and maintenance of the same as contained in N.J.A.C. 8:27-1, et seq.
Sec. 24-273. - License required; temporary.
Temporary establishments shall be governed by all the rules of a permanent establishment as set forth in this Article. A temporary establishment may be authorized for body art procedures provided outside of the physical site of a licensed establishment for the purposes of product demonstration, industry trade shows, and/or educational reasons.
Sec. 24-274. - Application for license.
Applications for an establishment license, practitioner license or temporary license shall be accompanied by the license fee in the amount as specifically provided in the Health Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph. All applications and licensing procedures shall be in accordance with Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph.
Sec. 24-275. - Administration and enforcement.
This Article shall be administered and enforced by the Township of Randolph in accordance with Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph.
Sec. 24-276. - Suspension or revocation.
(a) Generally. Any license issued under this Article may be suspended or revoked by the department of health for the violation by the licensee of any provision of this article or N.J.A.C. 8:27-1, et seq., or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States or the state or any ordinance of this township, or that the person conducting the body art establishment is of an unfit character to conduct the establishment, or that the purpose for which the license has been issued is being abused to the detriment of the public, or that the license is being used for a purpose foreign to that for which the license was issued.
(b) Hearing. A license issued under this Article shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the department of health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or may be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon the license. At the hearing before the department of health, the person aggrieved shall have an opportunity to answer and may thereafter be heard. Upon due consideration and deliberation by the department of health, the complaint may be dismissed, or, if the department of health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
(c) Reissuance of license after revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for such holder, directly or indirectly, shall be entitled to another license to carry on the same business within the township unless the application for such license shall be approved by the department of health.
The fees for body art establishment and practitioner licenses and re-inspection fees set forth in the Health Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph are hereby deleted in their entirety and replaced by the following:
| Body art establishment license | $250.00 annually |
| Body art practitioner license | $150.00 annually |
| Body art establishment temp license 1-5 days | $150.00 |
| Body art establishment temp license 6-10 days | $300.00 |
| Re-inspection fee | $125.00 |
All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
This Ordinance shall take effect as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Joe Hathaway, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 03-25
Notice is hereby given that an Ordinance entitled "An Ordinance Amending Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, and Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 20, 2025 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 6, 2025 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Article XI, Body Art Establishments, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph governing body art establishments based upon recommendations from Township staff. In addition, the purpose of the above Ordinance is to amend the Health Section of Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to update the fees for body art establishment and practitioner licenses and re-inspections.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey