City of Albany, NY Chapter 329 Tattoo Parlors

[HISTORY: Adopted by the Common Council of the City of Albany 9-9-1993. Amendments noted where applicable.]

GENERAL REFERENCES

Health — See Ch. 223.

§ 329-1 Findings; purpose.

The City of Albany hereby finds and declares the need to protect its people through greater supervision of tattooing and tattoo businesses. The City of Albany recognizes that the threat of AIDS/HIV and hepatitis contamination 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 Albany also recognizes that there has been an alarming expansion of the tattoo business into the criminal activity of tattooing minors. The City of Albany realizes its obligation to protect the health and safety of its people and hereby regulates the tattoo industry.

§ 329-2 Definitions.

As used in this chapter, the following words shall have the meanings set forth in this section:

MINOR

Any person under the age of eighteen (18) years.

TATTOO

To mark or color the skin by pricking or coloring matter so as to form indelible marks or figures or by the production of scars.

TATTOO SHOP

Any room or space where tattooing is practiced or where the business of tattooing is conducted or any part thereof.

§ 329-3 Minors.

No person shall tattoo a minor in the City of Albany.

§ 329-4 Registration required.

[Amended 12-6-1993]

Any person engaged in the business of tattooing shall file a registration form annually with the City Clerk or his/her designee containing the tattoo shop name, address, telephone number and business hours, along with a nonrefundable processing fee of two hundred dollars ($200.) paid by certified or business check or money order or cash. No personal checks shall be accepted.

§ 329-5 Customer register.

A. Any person engaged in the business of tattooing shall maintain a register of customers, including the following information:

(1) The name and address of the customer. If there is reasonable cause to believe that a customer is under the age of eighteen (18), then the age of the customer, together with the manner and proof of identity and age of the customer, shall be obtained.

(2) A description of the tattoo and location on the body.

(3) A statement signed by the customer acknowledging that he/she may be temporarily prohibited from donating blood under applicable rules and regulations of the American Red Cross or other regulatory agencies.

B. The information contained in Subsection A(1) and (3) should be recorded in the customer register prior to the commencement of the tattoo procedure or any preparation thereof.

§ 329-6 Inspection of register.

The Chief of Police or his/her designee shall have the power to inspect the customer register immediately upon request.

§ 329-7 Signs prohibiting minors.

Any person engaged in the business of tattooing shall conspicuously post a sign in the tattoo shop stating that tattooing a person under the age of eighteen (18) is prohibited by law.

§ 329-8 Revocation of registration.

A. The Chief of Police or his/her designee shall have the power to suspend or revoke the registration under this chapter for any person convicted of a violation of this chapter.

B. There shall be a mandatory revocation of the registration under this chapter for any person convicted of violating § 329-3 of this chapter.

§ 329-9 Compliance with other regulations.

Any tattoo shop operating in the City of Albany shall comply with any and all future or existing regulations of the State or County Health Department.

§ 329-10 Penalties for offenses.

Any violation of this chapter shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.), imprisonment of not more than fifteen (15) days, or both.