[HISTORY: Derived from Article XV of Chapter
11 of the 1975 Compilation, as amended through 1996; amended in its
entirety 5-3-2016 by Ord. No. 2-2016. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Tattoo parlors — See Ch. 264.
The City of Oneonta hereby finds and declares the need to protect
its citizens through greater supervision of body piercing, branding
and scarification businesses due to the absence of, or pending, state
regulation. The City recognizes that these activities may have the
potential for adversely affecting the health and safety of the general
public. The City of Oneonta realizes its obligation to protect the
health and safety of its citizens and hereby regulates the body piercing,
branding and scarification industry.
As used in this chapter, the following shall be defined as such:
The penetration of human skin by any method which is intended
to result in a permanent entrance and exit point on the body.
Any room or space where body piercing is practiced or where
the practice of body piercing is conducted or any part thereof.
The use of heat, cold or any chemical compound to imprint
permanent markings on human skin by any means other than tattooing.
[1]Any person under the age of 18 years of age.
The cutting or tearing of human skin for the purpose of creating
a permanent mark or design on the skin.
[2]Any person who performs body piercing in the City of Oneonta
in an established place of business but is not an employee of said
established place of business.
Branding and scarification are prohibited in the City of Oneonta.
A.
No person shall body pierce a minor in the City of Oneonta without
first obtaining the express written permission from the minor's
parent or legal guardian. Any person engaged in the business of body
piercing shall conspicuously post a sign in the body piercing establishment
stating that piercing a person under the age of 18 is prohibited without
the written permission of the parent or legal guardian.
B.
No body piercer shall pierce a person who is visibly intoxicated
or obviously under the influence of an impairing substance.
A.
Every person engaged in the business of body piercing shall obtain
a license from the City Clerk as provided herein on an annual basis
premised on the calendar year and shall file with the City Clerk a
written application upon a blank form prepared and furnished by the
city.
B.
Contents. The application shall contain the following information:
(1)
Name, home address and other personal identifiable information of
the applicant.
(2)
Professional training and qualifications of the applicant along with
any applicable certifications issued from the appropriate state or
federal agencies.
(3)
Whether the applicant has ever been convicted of a felony or misdemeanor.
If so, provide the details of said conviction.
(4)
Location of the business where the tattooing will be conducted.
(5)
Type of piercing equipment to be used.
(6)
Method of sterilization or disinfection used by the applicant on
piercing equipment and customers.
(7)
The locations on the body where piercing will be performed (e.g.,
ears only, face only, etc.).
C.
The form will be supplemented by the following required documentation:
(1)
A photograph taken within the past 30 days, at least two inches by
two inches in size, of the applicant.
(2)
Proof of general liability coverage. Such application shall be accompanied
with proof of general liability insurance for said body piercing establishment
in the amount of no less than $100,000. If the body piercer is an
employee of the establishment owner, proof of indemnification on the
owner's policy is sufficient. If the body piercer is a third-party
contractor, they must provide proof of their own insurance coverage.
(3)
Worker's compensation insurance coverage. If the body piercer
is an employee of the establishment owner, proof of coverage under
the employer's policy is sufficient. If the body piercer is a
third-party contractor, they must provide a valid CE-200 Exemption
Certificate.
D.
Proof of inoculation for the Hepatitis B virus. Such application
shall be accompanied with proof of completion of the inoculation series
against the Hepatitis B virus.
E.
Issuance, refusal of license; license fee. Upon filing with the City
Clerk an application and proof of liability insurance as provided
for herein, together with the nonrefundable license fee as set by
resolution from time to time by the Common Council of the City of
Oneonta for the first year's license, the City Clerk shall act
on such application and approve or disapprove of same. No application
shall be refused except for just cause and for the protection of public
safety, health or good order. The City Clerk shall state the grounds
for such refusal in writing and mail the same back to the applicant.
F.
Posting of license. Every person licensed in accordance with the
provisions of this chapter shall immediately post such license and
a copy of this chapter furnished by the City Clerk and shall keep
the same posted while in force in a conspicuous public location in
the premises where body piercing is authorized to occur.
No licensee shall keep such body piercing establishment open
to operate same after the hour of 11:00 p.m. and before 8:00 a.m.
Any instrument or device used for body piercing shall be maintained
in a clean and dust-free container. If an instrument is used more
than once, such instrument shall be sterilized or disinfected prior
to each use. Any disinfectant used shall be in a solution certified
as sporicidal, virucidal, bactericidal, tuberculocidal, pseudomonacidal
and fungicidal.
Any person engaged in the business of body piercing shall maintain
a register of customers, including the following information:
A.
The name, address and age of the customer. The manner and proof of
identity and the manner and proof of age of the customer shall be
recorded.
B.
A description of the body piercing, to include its placement on the
body.
C.
The information contained above shall be recorded in the customer
register prior to the commencement of the body piercing procedure
or any preparation thereof.
The City Health Officer or designee shall have the power to
inspect the customer register immediately upon request.
The Code Enforcement Officer shall be the primary enforcement
officer of this chapter. The City of Oneonta Health Officer is also
authorized to assist the Code Enforcement Officer with the enforcement
of this chapter.
A.
Grounds, hearing required. The City Clerk may, at any time, for just
cause or any violation of this chapter, and after giving notice to
the licensee and an opportunity to be heard, revoke any license granted
under the provisions of this chapter.
B.
Service of notice. Written notice of such hearing and the reason
therefor shall be served by the City Clerk upon the person named in
the application by mailing same to the address given on the application.
C.
Effect of revocation. Whenever any license shall be revoked, no refund
of any unearned portion therefor shall be made, and no license shall
be granted to conduct body piercing to any person whose license has
been revoked within a period of one year from the date of revocation.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code. Each day that a violation exists shall be deemed a separate violation of this chapter.
