The Village of Babylon hereby finds that the process of tattooing
involves certain health risks, including increases in serum hepatitis
and increased risk of transmission of disease and further involves
increased risks to the public as a result of waste disposal. In addition,
businesses and establishments operated to provide tattoos and body
piercing have an adverse secondary effect on a community, including
depreciated property values and deteriorated community character.
Such establishments are also detrimental to the health, safety and
general welfare of a community, especially minors. In order to maintain
property values and community character, and to promote the health,
safety and general welfare of the residents of the Village, this chapter
is intended to restrict such businesses to nonresidential, nonbusiness,
noncommercial areas of the Village, and to otherwise regulate their
operation. In addition, because the deleterious secondary effects
of such businesses and establishments increase when such uses are
concentrated, this chapter is intended to promote the health, safety,
morals, general welfare, and good order of the residents of the Village
by regulating the concentration of such uses.
As used in this chapter, the following terms shall have the
meanings indicated:
BODY PIERCING PARLOR
Any private or public business, store or establishment that
provides the service of piercing the human body, excluding ear piercing,
through use of any piercing device or method.
TATTOO PARLOR
Any private or public establishment, store or business which
provides as all or part of its business the application of tattoos
on the human body through the injection of dye by needle or other
method so as to form indelible marks, figures or designs, excluding
permanent makeup. A tattoo parlor also includes any establishment,
store or business that provides indelible marks or figures to the
human body through the production of scars.
Tattoo and body piercing establishments shall be permitted subject
to the following restrictions:
A. No such use shall be allowed within 500 feet of an existing adult
use.
B. No such use shall be allowed within 500 feet of another tattoo and/or
body piercing establishment, store or business.
C. No such use shall be located within 500 feet of the boundaries of
any residential use zoning district (Residential 1, 2, or 3).
D. No such use shall be located within 500 feet of a preexisting school,
public park, or place of worship.
E. No such use shall be located in any zoning district except the industrial
use district.
The denial of the Village Clerk with regard to the issuance
of any license under this chapter shall be reviewable by the Village
Board of Trustees upon the written request of the party filed with
the Village Clerk within 10 days of such denial. The Board of Trustees
shall conduct a hearing to review the material provided to the Village,
the report of the Village Clerk or any other Village employee or witness.
The applicant may present any evidence relevant to the denial.
It shall be unlawful to engage in, conduct, operate, carry on
or permit to be engaged in, conducted, operated or carried on, in
or upon any premises in the Village, the business of a tattoo and
body piercing establishment without having at least one licensed tattoo
artist and/or body piercer employed.
Any person, including an applicant for a tattoo and body piercing
establishment license who engages in the practice of tattoo and body
piercing as herein defined, shall file an application for a tattoo
and body piercing license with the Village Clerk upon a form provided
by said Village Clerk and pay a nonrefundable application fee plus
the actual cost of processing fingerprints to the Village Clerk. The
license and application fee shall be waived when the tattoo artists
and/or body piercer is the primary applicant of the tattoo and body
piercing establishment application, has paid the appropriate tattoo
and body piercing establishment application fees and has been issued
a duly authorized tattoo and body piercing establishment license.
The application for a tattoo and body piercing license shall
supply the following information:
A. Name and residence address;
C. Social security number and driver's license number, if any;
D. Applicant(s) weight, height, color of hair and eyes;
E. Written evidence that the applicant is at least 18 years of age;
F. Business, occupation or employment of the applicant for the three
years immediately preceding the date of application;
G. The business where the applicant intends to work;
H. A statement whether the applicant has ever been arrested or convicted
on a charge of committing any crime except minor traffic violations.
If the answer is in the affirmative, a statement must be made giving
the place and the court in which such conviction, plea or forfeiture
was had, the specific charges under which the conviction, plea or
forfeiture was obtained and the disposition or sentence imposed as
a result thereof. An application may be denied by the Village Clerk
if he finds that the applicant has been convicted of:
(2) An offense involving fraud or dishonesty;
(3) An offense involving sexual misconduct or moral turpitude; or
(4) An offense involving the violation of any Village ordinance.
I. The applicant shall submit fingerprints and a photograph of the applicant.
Except as provided herein, all persons, companies or corporations
who shall operate a tattoo parlor or body piercing parlor in the Village
of Babylon shall be licensed in accordance with this chapter. The
license fee is to be set by the Board of Trustees, and may be changed
from time to time by resolution. Licenses issued will expire on December
31 of each year.
Any person who knowingly and willfully violates any provision
of this chapter shall be subject to a penalty of up to $250. Any person
who willingly violates this chapter after having previously convicted
of such offense shall be guilty of an unclassified misdemeanor, punishable
by a fine of up to $1,000. In construing this chapter, each day that
a business for tattooing and/or body piercing is operated shall constitute
a separate offense and, in addition, each act of tattooing and/or
body piercing shall be considered a separate offense.
If any provision of this chapter of the application thereof
to any person or circumstance shall be adjudicated invalid by a court
of competent jurisdiction, such order or judgment shall be confined
in its operation to the controversy in which it was rendered and shall
not effect or invalidate the remainder of any provision of any section
of the chapter or the application of any part thereof to any other
person or circumstance and to this end the provision of each section
of this chapter are hereby severable.