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If any provision of this subchapter is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
Subchapter 7: Tattoo Regulation Act
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
This subchapter shall be known as the "Tattoo Regulation Act."
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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