Subchapter 7 - TATTOO REGULATION ACT¶
§ 17-355 Short title. This subchapter shall be known as the "Tattoo Regulation Act."
§ 17-356 Definitions. As used in this subchapter, the following terms shall be defined as follows: a. "Tattoo" means any mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin, or to make such a mark. b. "Tattooist" means any person who applies a tattoo to the body of another person.
§ 17-357 Licenses. a. No person shall engage in the practice of tattooing without having obtained a license to engage in such practice in the manner prescribed in this subchapter. b. The provisions of this subchapter shall not apply to a physician licensed under article one hundred thirty-one of the New York state education law. c. Notwithstanding the requirements set forth in this section, the commissioner may issue a seven-day temporary license to a person holding a license or similar certification or registration to engage in the practice of tattooing issued under the jurisdiction of another political subdivision, state or nation. Such temporary license will allow a person to apply tattoos within the city of New York under the direct supervision of a tattooist holding a license issued by the department pursuant to subdivision a of this section. Where an applicant for such a seven-day temporary license practices tattooing in a jurisdiction that does not license or otherwise register tattooists, the commissioner may issue such seven-day temporary license to such person upon the presentation of proof satisfactory to the commissioner that the applicant has received training equivalent to that necessary to satisfactorily pass the examination required in section 17-358. The fee for such temporary license shall be established in rules promulgated by the commissioner.
§ 17-358 Licenses, applications, procedures and requirements. a. Any person intending to engage in the practice of tattooing shall apply to the commissioner for a tattoo license, in the form and manner prescribed by the commissioner. Such application shall contain such information as the commissioner deems reasonable and necessary to determine the qualifications for granting a license to the applicant. The application shall be subscribed by the applicant and affirmed under penalty of perjury. b. Any person eighteen years of age or older may apply to the commissioner for a license to practice tattooing. No license may be issued to a person who has been convicted of criminal tattooing of a minor in violation of section 260.21 of the New York state penal law within the year immediately preceding such license application. c. Each applicant for a tattoo license shall take an examination administered by the department in accordance with rules promulgated by the commissioner regarding health issues relating to tattooing, including but not limited to, infection control, utilization of universal precautions as recommended by the federal centers for disease control and prevention and proper methods of waste disposal. The fee for such examination shall be established pursuant to rules promulgated by the commissioner. An application for a tattoo license must be accompanied by satisfactory evidence of passing such examination. The commissioner shall issue an informational publication which may be used by applicants for a tattoo license in preparing to take such examination. The commissioner shall update such informational publication when the commissioner determines that new health-related information or techniques have become available. d. The biennial fee for a tattoo license shall be one hundred dollars.
§ 17-359 Expiration; transfer; assignment; display. a. All licenses shall be numbered and shall expire two years from the date of issuance. b. No license shall be assignable or transferable. c. Each license issued pursuant to this subchapter and a sign in the form prescribed by the commissioner indicating a department of health and mental hygiene address or telephone number where customers may register complaints shall be posted in a conspicuous place on the premises where the licensee is applying tattoos. d. A license may be renewed without examination; provided, however, that if a license is not renewed within two years of its expiration, the licensee shall be subject to the provisions of section 17-358. e. Any holder of a license which has been revoked may, upon expiration of the revocation period, reapply for such license under the provisions of section 17-358. f. All advertising by or for a licensee must contain the phrase "LICENSED BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE" and the license number of such licensee. For the purposes of this subdivision, an alphabetical listing in a telephone directory shall not be considered advertising.
§ 17-360 Sanitary conditions; physical facilities; equipment; procedures. a. Every tattoo establishment, store, place or premises in which one or more tattooists engage in the practice of tattooing, shall be kept in a clean and sanitary condition at all times and shall have proper ventilation and lighting, waste receptacles, washing facilities with cold and hot running water, sanitary soap and towels for customers and tattooists and such other sanitary conditions as required by rules promulgated by the commissioner. b. The commissioner shall promulgate rules with respect to hand-washing by tattooists, the wearing of latex gloves by tattooists and the wearing by tattooists of any other protective garments as the commissioner may require. c. The commissioner shall promulgate rules with respect to the proper sterilization of tattoo equipment, proper sterilization and disposal of needles, and the tattooing procedure, including, but not limited to, the preparation of the skin to be tattooed and the treatment of the skin by the tattooist and the customer following tattooing. d. The commissioner shall promulgate rules with respect to the tattooing of persons who have skin lesions or other conditions as determined by the commissioner. e. No person shall apply a tattoo to any person under eighteen years of age. f. After the tattooing procedure has been completed, every tattooist shall provide his or her customers with written instructions on the proper care of tattooed skin. g. Every tattooist shall maintain a record of the name, address, and age of every customer and date tattooed and any other information required by the commissioner and shall report to the commissioner any information as the commissioner shall determine.
§ 17-361 Advisory committee. a. There shall be established within the department an advisory committee to advise the commissioner on health issues relating to tattooing consisting of a chair and eight individuals with the following qualifications: (i) two persons with prior experience in the practice of tattooing, one appointed by the speaker of the city council and one by the mayor; (ii) two persons engaged in the training of such practice, one appointed by the speaker of the city council and one by the mayor; (iii) two persons, by practice and profession, knowledgeable in the practice of sterilization and sanitary procedures, one appointed by the speaker of the city council and one by the mayor; and (iv) two persons licensed as dermatologists, one appointed by the speaker of the city council and one by the mayor. Each member shall serve for a term of two years without compensation and may be reappointed for additional terms. Each member shall reside in or have his or her primary place of business within the city of New York. The chair shall be appointed by the commissioner. b. The advisory committee shall make recommendations to the commissioner on all matters relating to this subchapter, including the promulgation and amendment of rules necessary to carry out the provisions of this subchapter and such other matters as the commissioner may deem necessary.
§ 17-362 Violations and penalties. a. The first conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law shall result in the suspension of such license for a period of six months. Not later than ten business days prior to the expiration of such six-month suspension, where such a suspended licensee intends to resume tattooing, such licensee shall post a bond with the commissioner in such form and amount as the commissioner shall require. Such bond shall remain in full force and effect for eighteen months following the expiration of such six-month suspension. The second conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law within two years of the first conviction shall result in the revocation of such license for a period of two years and the forfeiture of such bond as may have been posted with the commissioner pursuant to this section. The third conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law within two years of the first conviction shall result in the revocation of such license for a period of five years. A license issued pursuant to this subchapter may be suspended or revoked for any other reasonable cause specified by the commissioner in order to ensure the health and safety of the public. b. In addition to any other penalty imposed by any other provision of law or rule promulgated thereunder, any person found to be in violation of this subchapter or any of the rules promulgated hereunder shall be liable for a civil penalty of not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation within a two-year period; and not more than one thousand dollars for the third and all subsequent violations within a two-year period. c. A proceeding to suspend or revoke a license authorized pursuant to subdivision a of this section, or to recover any civil penalty authorized pursuant to subdivision b of this section, shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health. Such tribunal shall have the power to suspend or revoke a license issued pursuant to this subchapter and to impose the civil penalties prescribed by subdivision b of this section.
§ 17-363 Rules. The commissioner shall promulgate rules in accordance with the provisions of this subchapter, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this subchapter.