[HISTORY: Adopted by the Board of Trustees of the Village of Lake George 5-28-2003 by L.L. No. 7-2003. Amendments noted where applicable.]
The Village of Lake George hereby finds and declares the need to protect its residents and visitors through greater supervision of tattooing, tattoo studios, and body piercing studios, and by prohibiting branding and scarification within the Village of Lake George. The Village of Lake George recognizes that the threat of AIDS/HIV and hepatitis contamination through shared needles and other aspects of the tattoo and body piercing processes have the potential for negatively affecting the health and safety of the general public. The Village of Lake George also recognizes that there has been an alarming expansion of the foregoing businesses into criminal activity involving minors. The Village of Lake George realizes its obligation to protect the health and safety of its people and hereby regulates such industries.
The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility of the residents and visitors of Lake George Village by regulating the operation and establishment of tattoo studios and body piercing studios and by prohibiting branding and scarification within the Village of Lake George.
This chapter shall hereafter be known and cited as the "Tattoo, Body Piercing, Branding, and Scarification Local Law."
As used in this chapter, the following terms shall have the meanings indicated:
- BODY PIERCING
- The piercing of any part of the body, except the ear.
- BODY PIERCING SPECIALIST
- Any person who performs body piercing to the body of any other person.
- BODY PIERCING STUDIO
- 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 the outer layer of the skin.
- TATTOO STUDIO
- 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 other association shall operate a body piercing studio or tattoo studio within the Village of Lake George without first obtaining a license from the Village Clerk as provided herein on an annual basis premised on the calendar year.
Form. Every person desiring to procure a license, as herein provided, shall file with the Village Clerk a written application upon a blank form prepared and furnished by the Village, together with two photographs of the applicant taken within 30 days of filing said application form.
Contents. The application shall contain the following information:
Name and home address of the applicant.
Age of the applicant.
Professional training and qualifications of the applicant.
Location of premises upon which the business will be conducted.
A copy of the permit required by Article 4-A of the New York State Public Health Law as well as any other applicable certifications issued from appropriate state and federal agencies.
Where applicable, type of piercing equipment to be used.
Method of sterilization or disinfection used by the applicant on piercing equipment and customers.
Whether the applicant has ever been convicted of a felony or misdemeanor. The details of said conviction(s).
A diagram, drawn to scale, showing the dimensions of the premises where such business will be conducted and delineating the floor space specifically designated for retail business, general, and that for retail services, commercial.
Proof of general liability insurance to accompany application. Such application shall be accompanied with proof of general liability insurance for said establishment in the amount of no less than $100,000.
Proof of inoculation for Hepatitis B virus. Such application shall be accompanied with proof of inoculation against the Hepatitis B virus.
Issuance, refusal of license; license fee. Upon filing with the Village Clerk an application and proof of liability insurance as provided for herein, together with the license fee as set by resolution from time to time by the Board of Trustees of the Village of Lake George for the first year's license, the Village 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 Village Clerk shall state the grounds for such refusal in writing and mail the same, together with the fee, back to the applicant.
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 Village Clerk, and shall keep the same posted while in force in a conspicuous public location in the premises where tattooing and/or body piercing are authorized to occur.
Application fee: $250.
All body piercing specialists, tattooists, body piercing studios, and tattoo studios shall maintain a register of customers, to include the following information:
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.
A description of the tattoo and body piercing on the body.
A statement signed by the customer acknowledging that he or she may be temporarily prohibited from donating blood under applicable rules and regulations of the American Red Cross or other regulatory agencies.
All tattooists and body piercing specialists operating in the Village of Lake George shall obtain a copy of a publication entitled "Guidelines for the Prevention of Blood-Borne Disease During Tattooing," distributed by the Bureau of Disease Control of the New York State Department of Health, dated August 1993 (or subsequent additions or publications of same). Said materials shall be posted in a conspicuous and public place within the establishment. Failure to comply with these guidelines shall constitute a violation of this chapter.
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 licensed hereunder and out of public view.
All licensees hereunder shall require each person who has received a tattoo or a body piercing to remain within the licensed premises for a minimum period of 20 minutes or until all wounds/blood are dried or clotted, whichever is longer. Each licensee regulated hereunder shall post in a conspicuous and public place within the establishment a notice informing the public of the foregoing requirement.
[Amended 7-15-2003 by L.L. No. 8-2003]
No tattoo studio or body piercing studio shall be permitted within 500 feet of any school.
No tattoo studio or body piercing studio shall be permitted within the Village of Lake George where a customer entrance of such establishment is on the same street as any geographic boundary of property owned by a bona fide religious institution where such property is utilized for religious services on a regular basis as of the date of the enactment of this amendment.
No person or establishment licensed hereunder shall tattoo a minor in the Village of Lake George. All licensees hereunder shall conspicuously post a sign in their business window stating that tattooing or body piercing of a person under the age of 18 is prohibited by New York State Penal Law.
No person shall tattoo or body pierce a person who is visibly intoxicated.
Branding and/or scarification is prohibited within the Village of Lake George.
All persons and establishments licensed hereunder shall perform such operations inside an establishment that has, at a minimum, 60% of the space of such premises devoted to retail business, general, and no more than 40% of such floor space to be devoted to retail services, commercial, as such terms are defined in former § 70-10 of the Lake George Village Code.
The Lake George Village/Town Consolidated Public Health Officer or designee shall have the power to inspect the establishments and businesses regulated hereunder two times per year or, upon request of the Village Board of Trustees, immediately thereafter.
The Code Enforcement Officer of the Village of Lake George and the Village/Town Consolidated Public Health Officer shall be the primary enforcement officers of this chapter.
Grounds, hearing required. The Lake George Village Board of Trustees may, at any time for just cause or for 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.
Service of notice. Notice of such hearing and the reason therefor in writing shall be served by the Village Clerk upon the person named in the application by mailing same to the address given on the application.
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 such business to any person whose license has been revoked within a period of one year from the date of revocation.
Any person, firm, corporation, partnership, or other association violating any provision of this chapter shall be punished by a fine not exceeding $500 for the first offense, and $500 for each offense thereafter. Each day that an offense continues to exist as defined hereunder shall be deemed a separate offense.