[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.]
A.
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.
B.
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:
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 the outer layer of the 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 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.
A.
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.
B.
Contents. The application shall contain the following
information:
(1)
Name and home address of the applicant.
(2)
Age of the applicant.
(3)
Professional training and qualifications of the applicant.
(4)
Location of premises upon which the business will be
conducted.
(5)
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.
(6)
Where applicable, type of piercing equipment to be used.
(7)
Method of sterilization or disinfection used by the applicant
on piercing equipment and customers.
(8)
Whether the applicant has ever been convicted of a felony
or misdemeanor. The details of said conviction(s).
(9)
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.
C.
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.
D.
Proof of inoculation for Hepatitis B virus. Such application
shall be accompanied with proof of inoculation against the Hepatitis B virus.
E.
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.
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 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.
G.
Application fee: $250.
A.
All body piercing specialists, tattooists, body piercing
studios, and tattoo studios shall maintain a register of customers, to include
the following information:
(1)
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.
(2)
A description of the tattoo and body piercing on the
body.
(3)
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.
C.
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.
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 licensed hereunder and out of public view.
B.
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]
A.
No tattoo studio or body piercing studio shall be permitted
within 500 feet of any school.
B.
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.
A.
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.
B.
No person shall tattoo or body pierce a person who is
visibly intoxicated.
C.
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.
A.
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.
B.
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.
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 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.
