[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.]
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:
- BODY PIERCING
- The penetration of human skin by any method which is intended to result in a permanent entrance and exit point on the body.
- BODY PIERCING STUDIO
- 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.
- 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.
- THIRD-PARTY BODY PIERCER
- 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.
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.
No body piercer shall pierce a person who is visibly intoxicated or obviously under the influence of an impairing substance.
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.
Contents. The application shall contain the following information:
Name, home address and other personal identifiable information of the applicant.
Professional training and qualifications of the applicant along with any applicable certifications issued from the appropriate state or federal agencies.
Whether the applicant has ever been convicted of a felony or misdemeanor. If so, provide the details of said conviction.
Location of the business where the tattooing will be conducted.
Type of piercing equipment to be used.
Method of sterilization or disinfection used by the applicant on piercing equipment and customers.
The locations on the body where piercing will be performed (e.g., ears only, face only, etc.).
The form will be supplemented by the following required documentation:
A photograph taken within the past 30 days, at least two inches by two inches in size, of the applicant.
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.
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.
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.
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.
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:
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 body piercing, to include its placement on the body.
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.
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.
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.
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.