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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.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/012.
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