[HISTORY: Adopted by the Board of Trustees of the Village
of Adams 6-19-2006 by L.L. No.
1-2006. Amendments noted where applicable.]
The purpose of this chapter is to regulate the operation and
establishment of tattoo and body piercing studios in the Village of
Adams, in furtherance of the protection of public safety and health
and in furtherance of economic development within the Village limits
of Adams.
This chapter shall hereafter be known and cited as the "Tattoo,
Body Piercing, Branding and Scarification Regulations."
As used in this chapter, the following terms shall have the
meanings indicated:
The piercing of any part of the body, except the ear.
Any person who performs body piercing to the body of any
other person.
Any premises in which the body piercing specialist conducts
such practice.
The use of heat, cold or any chemical compound to imprint
permanent markings on human skin by any means other than tattooing.
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.
A mark on the body of a person made with indelible ink or
pigments injected beneath an outer layer of skin.
Any premises in which the tattooist conducts such practice.
Any person who applies a tattoo to the body of any other
person.
No person shall be a body piercing specialist or tattooist and
no person, firm, corporation, partnership or association shall operate
a piercing studio or tattoo studio within the Village of Adams without
first obtaining a permit from the Village Clerk as provided herein
on an annual basis premised on the calendar year.
A.
Form. Every person desiring to procure a permit as herein provided
shall file with the Village Clerk a written application upon a blank
form prepared and furnished by the Village Clerk, together with two
(two-inch-by-two-inch) color photographs of the applicant taken within
30 days of filing such application form.
B.
Contents. The application shall contain the following information:
(1)
Name and residence address of the applicant.
(2)
Age of the applicant.
(3)
Professional training and qualification of the applicant.
(4)
Location of the premises upon which the business will be conducted.
(5)
Where applicable, the type of piercing equipment to be used.
(6)
Method of sterilization used by the applicant on piercing equipment
and customers.
(7)
A diagram, drawn to scale, showing the dimensions of the premises
where such business will be conducted and delineating the interior
floor space specifically designated for the regulated activity.
C.
Proof of inoculation for Hepatitis B virus. Such application shall
be accompanied with proof of inoculation against the Hepatitis B virus
for all persons who are in the process or application of tattooing
or body piercing of consumers.
D.
Issuance of permits. Upon filing with the Village Clerk a complete
application as provided for herein, together with the permit fee as
set by resolution of the Village of Adams Board for the first year's
license, the Village Clerk shall issue said permit. Said application
shall be refused only upon the grounds of insufficiency of the application.
The Village Clerk shall state the grounds for any refusal in writing
and mail the same, together with the returned fee to the applicant.
E.
Posting of permit. Every permit issued in accordance with the provisions
of this chapter shall be conspicuously on the premises where tattooing
and/or body piercing shall be conducted.
F.
Application fee. The annual application fee shall be an amount as
set by resolution of the Board of Trustees paid in advance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
A permit shall be good for one annual year and must be reapplied
for on an annual basis.
A.
All body piercing specialists, tattooist, body piercing studios and
tattoo studios shall maintain a register of customers in chronological
order, to include the following information:
(1)
The name, address, phone number and age of customer. The manner of
proof of identity and age of the customer shall be recorded.
(2)
A photo ID is required proving date of birth (New York State Law
prohibits any person below the age of 18 from having a tattoo. This
law must be posted clearly in plain view in the tattoo studio).
(3)
A description and/or picture of the tattoo and/or body piercing on
the body.
(4)
A waiver of consent statement signed by the customer acknowledging
that they have agreed to have a particular tattooing or piercing procedure.
(5)
The information contained in Subsection A(1) through (4) above, shall be recorded in the customer register prior to the commencement of the tattoo or body piercing procedure or any preparation thereof and such register shall be maintained on premises available for public inspection for a period of at least three years.
B.
Maintain a clean and sterile work environment at all times, as per
the guidelines in Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
All body piercing and tattooing shall be performed outside the public
view. Each person and establishment regulated hereunder shall perform
all tattooing and body piercing in a designated enclosed area within
the confines of the establishment separate from any customer waiting
or reception area.
B.
All permit holders hereunder shall require each person who has received
a tattoo or body piercing to remain within the tattoo studio premises
for a minimum period of 20 minutes or until all wounds/blood is dried
or clotted, whichever is longer. Each tattoo studio hereunder shall
post in a conspicuous and public place within the establishment a
notice informing the public of such requirement.
A.
No person or establishment hereunder shall tattoo any person under
the age of 18 years in the Village of Adams. All permitted tattoo/piercing
studios hereunder shall conspicuously post a sign in their business
window stating that tattooing or body piercing of a person under the
age of 18 years is prohibited by New York State Penal Law. No person
or establishment shall body pierce a person under the age of 18 years
without that individual's parental/guardian's signed permission.
B.
No person shall tattoo or body pierce an individual who is visibly
intoxicated.
C.
Branding and scarification is prohibited within the Village of Adams.
D.
No tattooing/piercing studio shall sell or display pornographic material
or smoking accessories in the Village of Adams.
The Village of Adams Board of Trustees, its health officers
or other party designated by the Board of Trustees shall have the
authority to inspect the permitted establishments and businesses annually
or upon reasonable cause. Upon the finding of any discrepancies or
violations to the above mentioned rules, a violation notice shall
be served upon the proprietor of said operation with a requirement
of 24 hours' notice to correct said same. Upon the follow-up
inspection, if said violation is not corrected, then the following
penalties may be imposed:
The Village Board of Trustees or its designee, will have the
responsibility of enforcing this tattooing/piercing chapter.
If at any time, any term or provision of this chapter shall
be found to be invalid or unenforceable, the remaining provisions
hereof shall, to the fullest extent permitted by law, remain in full
force and effect unless to do so would substantially compromise the
purpose of the chapter contained.
This chapter is intended to be an addition to any current or
future laws, rules and regulations of New York State, the United States
Government or any other governing body.
