[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 11-22-2011 by L.L. No. 8-2011. Amendments noted where applicable.]
The Village of Babylon hereby finds that the process of tattooing involves certain health risks, including increases in serum hepatitis and increased risk of transmission of disease and further involves increased risks to the public as a result of waste disposal. In addition, businesses and establishments operated to provide tattoos and body piercing have an adverse secondary effect on a community, including depreciated property values and deteriorated community character. Such establishments are also detrimental to the health, safety and general welfare of a community, especially minors. In order to maintain property values and community character, and to promote the health, safety and general welfare of the residents of the Village, this chapter is intended to restrict such businesses to nonresidential, nonbusiness, noncommercial areas of the Village, and to otherwise regulate their operation. In addition, because the deleterious secondary effects of such businesses and establishments increase when such uses are concentrated, this chapter is intended to promote the health, safety, morals, general welfare, and good order of the residents of the Village by regulating the concentration of such uses.
As used in this chapter, the following terms shall have the meanings indicated:
BODY PIERCING PARLOR
Any private or public business, store or establishment that provides the service of piercing the human body, excluding ear piercing, through use of any piercing device or method.
TATTOO PARLOR
Any private or public establishment, store or business which provides as all or part of its business the application of tattoos on the human body through the injection of dye by needle or other method so as to form indelible marks, figures or designs, excluding permanent makeup. A tattoo parlor also includes any establishment, store or business that provides indelible marks or figures to the human body through the production of scars.
Tattoo and body piercing establishments shall be permitted subject to the following restrictions:
A. 
No such use shall be allowed within 500 feet of an existing adult use.
B. 
No such use shall be allowed within 500 feet of another tattoo and/or body piercing establishment, store or business.
C. 
No such use shall be located within 500 feet of the boundaries of any residential use zoning district (Residential 1, 2, or 3).
D. 
No such use shall be located within 500 feet of a preexisting school, public park, or place of worship.
E. 
No such use shall be located in any zoning district except the industrial use district.
A. 
Every applicant for a license to maintain, operate or conduct a tattoo and body piercing establishment shall file an application in duplicate with the Village Clerk upon a form provided by said Village Clerk and pay a nonrefundable application fee, plus the annual business license fee for a tattoo and body piercing establishment, plus the actual cost of processing the fingerprints to the Village Clerk.
B. 
The Village Clerk shall refer copies of such application to the Building Inspector, Suffolk County Police Department, and the Clerk of the Village Court. The Building Inspector shall inspect the premises proposed to be operated as a tattoo and body piercing establishment, make an investigation of the application and make written recommendations to the Village Clerk concerning compliance with Village codes and federal or state law.
(1) 
The Suffolk County Police Department will be requested to verify that the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a tattoo and body piercing establishment has been convicted of:
(a) 
A felony;
(b) 
An offense involving fraud or dishonesty; or
(c) 
An offense involving sexual misconduct or moral turpitude.
(2) 
The Clerk of the Village Court shall be requested to verify that the applicant has not been convicted of an offense involving the violation of any Village ordinance.
C. 
Within 30 days of receipt of the recommendation of the aforesaid departments, the Village Clerk shall notify the applicant that his/her application is granted, denied or held for further review. The period of such additional review shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional review, the Village Clerk shall advise the applicant in writing whether the application is granted or denied.
D. 
Whenever an applicant is denied or held for further review, the Village Clerk shall advise the applicant of the reasons for such action. An application may be denied by the Village Clerk if he finds:
(1) 
That the operation, as proposed by the applicant, if permitted, would not have complied with the applicable federal, state and local laws, including, but not limited to, the building, fire, health and zoning codes of the Village; or
(2) 
That the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a tattoo and body piercing establishment has been convicted of:
(a) 
A felony;
(b) 
An offense involving fraud or dishonesty;
(c) 
An offense involving sexual misconduct or moral turpitude; or
(d) 
An offense involving the violation of any Village ordinance.
E. 
The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his refusal to submit to or cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he is not eligible for such license and shall be grounds for denial thereof by the Village Clerk.
F. 
Every tattoo and body piercing establishment license issued pursuant to this chapter shall be issued for the balance of the calendar year and shall expire on December 31 of the same year, unless sooner suspended or revoked. No prorations of the fees shall be made.
The denial of the Village Clerk with regard to the issuance of any license under this chapter shall be reviewable by the Village Board of Trustees upon the written request of the party filed with the Village Clerk within 10 days of such denial. The Board of Trustees shall conduct a hearing to review the material provided to the Village, the report of the Village Clerk or any other Village employee or witness. The applicant may present any evidence relevant to the denial.
A. 
The application for a license to operate a tattoo and body piercing establishment shall set forth the exact nature of the tattoo and body piercing to be administered, the proposed place of business and facilities therefor, the proposed number of employees, hours of operation and other relevant matters to the operation of business. Locations of a tattoo and body piercing establishment shall be limited to the Industrial Districts.
B. 
In addition to the foregoing, any applicant for a license, including any partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder holding more than 10% of the stock of a corporate applicant, shall furnish the following information:
(1) 
Name and address;
(2) 
Written proof that the individual is at least 18 years of age;
(3) 
All residential addresses for the past three years;
(4) 
Date of birth;
(5) 
Social Security number;
(6) 
Driver's license number;
(7) 
The business, occupation or employment of the applicant for the three years immediately preceding the date of application;
(8) 
The tattoo artist and/or body piercer or similar business license history of the applicant, whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(9) 
All criminal or Village ordinance violation convictions, and forfeiture of bond, except minor traffic violations;
(10) 
The fingerprints and photograph of the applicant; and
(11) 
If the applicant is a corporation, a copy of its Articles of Incorporation and/or authorization to do business in New York shall be attached.
C. 
The application for a license to operate a tattoo and body piercing establishment shall state the name(s) of the individual(s) who will be the establishment tattoo artist(s) and/or body piercer(s).
D. 
The applicant shall provide proof of no less than $1,000,000 per occurrence business liability insurance prior to a license being issued.
A. 
Upon receipt of the recommendations of the departments referred to in this Code and upon finding that the applicant has met the requirements of this Code, including that the applicant has not been convicted of any of the offenses enumerated therein, the Village Clerk shall issue a license to maintain a tattoo and body piercing establishment.
B. 
The license may not allow independent contractors to use or work on the premises as a tattoo artist and/or body piercer. Only employees of the licensee may work on the premises.
It shall be unlawful to engage in, conduct, operate, carry on or permit to be engaged in, conducted, operated or carried on, in or upon any premises in the Village, the business of a tattoo and body piercing establishment without having at least one licensed tattoo artist and/or body piercer employed.
Any person, including an applicant for a tattoo and body piercing establishment license who engages in the practice of tattoo and body piercing as herein defined, shall file an application for a tattoo and body piercing license with the Village Clerk upon a form provided by said Village Clerk and pay a nonrefundable application fee plus the actual cost of processing fingerprints to the Village Clerk. The license and application fee shall be waived when the tattoo artists and/or body piercer is the primary applicant of the tattoo and body piercing establishment application, has paid the appropriate tattoo and body piercing establishment application fees and has been issued a duly authorized tattoo and body piercing establishment license.
The application for a tattoo and body piercing license shall supply the following information:
A. 
Name and residence address;
B. 
Date of birth;
C. 
Social security number and driver's license number, if any;
D. 
Applicant(s) weight, height, color of hair and eyes;
E. 
Written evidence that the applicant is at least 18 years of age;
F. 
Business, occupation or employment of the applicant for the three years immediately preceding the date of application;
G. 
The business where the applicant intends to work;
H. 
A statement whether the applicant has ever been arrested or convicted on a charge of committing any crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction, plea or forfeiture was had, the specific charges under which the conviction, plea or forfeiture was obtained and the disposition or sentence imposed as a result thereof. An application may be denied by the Village Clerk if he finds that the applicant has been convicted of:
(1) 
A felony;
(2) 
An offense involving fraud or dishonesty;
(3) 
An offense involving sexual misconduct or moral turpitude; or
(4) 
An offense involving the violation of any Village ordinance.
I. 
The applicant shall submit fingerprints and a photograph of the applicant.
A. 
Within 30 days of receipt of an application for a tattoo and body piercing license, the Village Clerk shall notify the applicant that the application is granted, denied or held for further review. The period of further review shall not exceed an additional 30 days unless agreed to by the applicant. Upon conclusion of such additional review, the Village Clerk shall advise the applicant in writing whether the application is granted or denied.
B. 
Every tattoo and body piercing license issued pursuant to this chapter shall be issued for the balance of the calendar year and shall expire on December 31 of the same year, unless sooner suspended or revoked. No proration of fees shall be made.
A. 
No person shall knowingly pierce or offer to pierce, for compensation, any part of the human body of an individual under the age of 18 years. Proof of age shall be determined upon presentation of two forms of valid identification. Valid identification shall include a driver's license or other government issued form of identification or birth certificate.
B. 
If the body piercing if offered in conjunction with the sale of an item of jewelry actually being used in connection with the body piercing, then that service or act shall be deemed to have been provided for compensation.
C. 
No person shall knowingly tattoo or offer to tattoo for compensation any part of the human body of an individual under the age of 18 years. Proof of age shall be determined upon presentation of two forms of valid identification. Valid identification shall include a driver's license or other government issued form of identification or birth certificate.
A. 
The prohibition contained in § 211-12 shall not apply where written consent is provided by at least one parent or legal guardian of the minor.
B. 
The prohibition contained in § 211-12 shall not apply to any body piercing and/or tattooing performed by a duly licensed physician or nurse practitioner or persons acting under the supervision of a physician or nurse practitioner.
C. 
The prohibition contained in § 211-12 shall not apply to the piercing of ears.
Except as provided herein, all persons, companies or corporations who shall operate a tattoo parlor or body piercing parlor in the Village of Babylon shall be licensed in accordance with this chapter. The license fee is to be set by the Board of Trustees, and may be changed from time to time by resolution. Licenses issued will expire on December 31 of each year.
Any person who knowingly and willfully violates any provision of this chapter shall be subject to a penalty of up to $250. Any person who willingly violates this chapter after having previously convicted of such offense shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000. In construing this chapter, each day that a business for tattooing and/or body piercing is operated shall constitute a separate offense and, in addition, each act of tattooing and/or body piercing shall be considered a separate offense.
If any provision of this chapter of the application thereof to any person or circumstance shall be adjudicated invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not effect or invalidate the remainder of any provision of any section of the chapter or the application of any part thereof to any other person or circumstance and to this end the provision of each section of this chapter are hereby severable.