[HISTORY: Derived from Art. XIV of Chapter 11 of the 1975 Compilation, as amended through 1996; amended in its entirety 5-3-2016 by Ord. No. 3-2016. Subsequent amendments noted where applicable.]
Body piercing, branding and scarification — See Ch. 78.
The City of Oneonta hereby finds and declares the need to protect its citizens through greater supervision of tattooing and tattoo businesses due to the absence of, or pending, state regulation. The City recognizes that the threat of spreading bloodborne disease through shared tattoo needles and other aspects of the tattoo process has the potential for negatively 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 tattoo industry.
As used in this chapter, the following shall be defined as such:
- Any person under the age of 18 years of age.
- To mark or color the skin by pricking or coloring matter so to form indelible marks or figures or by the production of scars.
- TATTOO STUDIO
- Any room or space where tattooing is practiced or where the business of tattooing is conducted or any part thereof.
- THIRD-PARTY TATTOOIST
- Any person who performs tattooing in the City of Oneonta in an established place of business but is not an employee of said established place of business.
No person shall tattoo a minor in the City of Oneonta. Any person engaged in the business of tattooing shall conspicuously post a sign in the tattoo studio stating that tattooing a person under the age of 18 is prohibited by New York State Penal Law.
No tattooist shall tattoo a person who is visibly intoxicated or obviously under the influence of an impairing substance.
Every person engaged in the business of tattooing 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.
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 tattooing establishment in the amount of no less than $100,000. If the tattooist is an employee of the establishment owner, proof of indemnification on the owner's policy is sufficient. If the tattooist is a third-party contractor, they must provide proof of their own insurance coverage.
Worker's compensation insurance coverage. If the tattooist is an employee of the establishment owner, proof of coverage under the employer's policy is sufficient. If the tattooist 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, the City Clerk shall act on such application and approve or disapprove the 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 tattooing is authorized to occur.
No licensee shall keep such tattoo studio open to operate same after the hour of 11:00 p.m. and before 8:00 a.m.
Any person engaged in the business of tattooing 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 tattoo on the body.
A statement signed by the customer acknowledging that they may be temporarily prohibited from donating blood under applicable rules and regulations of the American Red Cross or other regulatory agencies.
Any tattooist operating in the City of Oneonta shall be provided 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 regulations will be provided to the applicant when application materials are requested. 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.
It is understood that the tattooist will use whatever equipment as is required by industry practices or, when appropriate, New York State law or regulation.
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 tattooing 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.