Increasingly states and municipal governments have been imposing quite a few regulations for the tattoo and body piercing industry. Are these rules and regulations really necessary? Tattoo shops have been around for hundreds of years, why would we need to start regulating them now?
Types Of Regulation
There are several different types of restrictions the government imposes on tattoo and body piercing shops. There are basically two categories these regulations fall into; regulations on tattoo artists, and zoning regulations on tattoo shop locations.
Tattoo Artist Regulation
Many existing and proposed laws regarding the tattoo industry focus on the actual person applying the tattoo.
In Iowa… A tattoo artist must be certified by the state (nothing more than another fee) and have completed either high school or have a GED.
In Hawaii… A tattoo artist must be licensed which requires a test at the local health department consisting of roughly 70 questions, including questions on microbiology, sanitation, and definitions for terms that they provide. There is no real test of tattooing procedures, so as long as you get the answers correct, you’re a tattooist.
In New Jersey… The Tattoo And Piercing Regulation Bill is 18 pages long and requires, among other things, that a tattoo artist have at least 2000 hours of experience, submit 10 photo’s of tattoos they have performed, and provide evidence of completion of a blood borne pathogens course.
In Maine… You can become a tattooist with only $100, the only restriction is that your shop will be inspected once a year.
As you can see, with the exception of New Jersey, that most of these regulations don’t tell you a thing about the prospective tattooist and the only real difference between being a hack job and a real tattooist is a piece of paper that funds more government.
Tattoo Shop Restrictions
Mercer County, IA banned tattoo shops completely when tasked with inspecting them. When the state mandated the inspections Mercer County’s answer was to just do away with the service completely. What would happen if they needed to start inspecting day care facilities or churches?
Many municipalities throughout the United States have regulations on tattoo shop locations. Some require tattoo shops not exist within X amount of feet from a school, church, etc. This restricts “Joe Tattooist” from opening a successful business that is in no way illegal or immoral. He would be paying taxes just like Kinko’s down the street and adding to the diversity of the neighborhood, not bringing it down.
My Personal Thoughts
Thomas Jefferson once said “That government is best which governs the least, because its people discipline themselves.” I’m a strong believer in that statement and I don’t think that tattoo artist or tattoo shops should be restricted because they are not mainstream enough for lawmakers.
The industry polices itself quite well and has since it’s inception. A poorly skilled tattoo artist will soon run out of customers and the guy down the street that is actually engulfed in his job will pick up that clientele.
I don’t see a problem with requiring a tattoo artist to have a blood borne pathogen course or something similar, but the general direction of these laws is simply money. Fees for licensing and permits feed government pork.
We don’t need more laws and we shouldn’t restrict a small business because it’s not “Chucky Cheese”. If you don’t like tattoo shops, don’t walk in the door. We don’t hunt “mainstreamers”, plus we only come out at night…
10 responses so far ↓
1 emily // Nov 16, 2009 at 1:27 am
people need rights we dont get to make any choise our self.
it’s our lifes let us live them.
2 Kay // Dec 22, 2009 at 1:37 pm
There needs to be some sort of regulation to ensure customers that the establishment they are patronizing is a clean, sterile, and professional environment. I’m not saying the government needs to get overly-involved. I just take comfort in knowing that the tattoo parlor I’m going to follows a set of regulations and that I’m getting professional, sterile service. It’s good to know that, though 18 pages long, New Jersey has clear standards that need to be met. It’s not so much an issue of personal rights or choices, as it is a health issue. Though, one would assume that any right-minded tattoo artist would uphold these standards regardless, to retain a professional image and a steady clientele base.
Just some thoughts :)
3 T.B. contributor // Jan 25, 2010 at 6:30 pm
Regulation is fine. Keeping a clean business also fine. Have a set of rules and regulations that ll must follow within reason and that is more reasonable.
4 Tyler // Jan 29, 2010 at 4:57 am
I agree…….
This might be off topic but i find it funny in some states you can have HCV and be a professional tattoo artist and some states its a ? …My dream was to be a tattoo artist but i was diagnosed with hepatitis at 12yrs old….so fuck me right
5 Len // Mar 18, 2010 at 9:24 am
I do have one complaint. I run a licensed shop in PA. I must pay taxes. So many people tattooing from home not paying taxes on the money they earn from tattooing. Consider how your taxes increase every year. The Scratcher ??
6 TAT2U // May 28, 2010 at 1:47 am
New Jersey may be heavily regulated, but those are nothing more than the hoops you have to jump through to open a shop. This of course in no way guarantees you are going to get a good tattoo – I’ve seen a lot of really bad work from these “professionals” …and it also does not mean that the shop will keep up a clean environment once the state paperwork is done.
7 Tattoo Supplies Los Angeles // May 31, 2010 at 9:52 am
Great perspective. The art of tattoos is very easily policed within the industry, but the health side of it should be addressed a little better.
8 Will // Mar 21, 2011 at 7:11 am
The push for tattoo “licensing” is just a form of trade protectionism which doesn’t really do its stated job anyway.
I have been a practicing tattoo artist for almost 20 years now. I once had a license in my home state, but it lapsed, and unlike before I can’t just pay the back dues and get my physical. I have to wait and re-take the test which I took and passed in ’91. Its their new “policy” because they are basically too lazy to process the 5-10 minutes of paperwork it would take to renew my license. So I got a place at the right price I am looking to set up, but have to wait for the bi-annual test to come up.
Meanwhile, you would think of all the underground tattoo artists I hear of every day that at least one wold be busted. Not…remember this is the government agency that is too lazy to process 10 minutes of paperwork so they are not going to set up a tattoo enforcement task force anytime soon.
Like I said, trade protectionism at its worst. One of the biggest proponents of regulation in California is one of the worst scratchers there is. It has nothing to do with protecting the public.
These stories I have been reading about county/state agencies burdened with licensing issues being super slow to act and forcing legit shops out of business scares me. If budget cuts in government continue, tattooing will be the first to go as it is not a neccesary service. It could happen and all of these pro-licensing people will be sorry.
9 Jimmy Valderaz // Dec 5, 2011 at 9:22 pm
Local Government in Barrow county Georgia has passed down new regulations requiring every operator or artist, piercer, ect..needs to be trained in first aid and CPR. I told them to show me case research on why we need it when your more at risk at a food establishment or resturant and the servers dont know this training. The best they have is a diagram on the wall, the stupid politician said we may hit an artery. They also want me to pay and establishment fee and an operaters permit fee equaling over a thousand annually! I closed my shop down after 3 years do to this bull crap. Government needs to stay out of our business! Stop trying to compare our industry to the medical feild and stop demonizing our profession. We need no government regulations or mafia style shake downs. I am now anti government and will operate my business underground no longer paying taxes or recognizing thier so called authority!
10 Mark // Dec 31, 2011 at 3:17 pm
I think the whole industry should be taxed and regulated out of business. The country would be better off without freaks putting ink in people skin rendering them instantly unattractive. I wrote a letter to my state senator proposing a 5000% state sales tac added to the cost of tattoos and tattooing equipment, he actually liked the idea, Im sure it will never happen but it would be nice. I also think they should make tattooing license only be good for a period of 3-6 months and cost 50,000$ for a new lucense and 25,000$ per renewal, and any scratchers or any kind of unlicensed tattooing punishable by an automatic 10-20 years in prison for the first offense. The tattoo industry not only offers a disgusting ugly low class product it is still a threat for passing blood born disease. They should at least make it a legitimate medical procedure that can only be done by a licensed medical doctor, I gurantee there is nit one tattoo artist out there smart enough to get a medical degree.
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