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So you want to open a tattoo parlor?

THE STATUTORY BAN on tattooing in Massachusetts ended on October 20, 2000, when a state superior court found the prohibition unconstitutional in Lanphear v. Commonwealth of Massachusetts. To prepare for legalized tattooing, the Massachusetts Department of Public Health compiled a list of health and safety rules titled " Model Regulations for Body Art Establishments. " The 19-page document covers everything related to tattooing, including the definitions of " body art " ( " body piercing, tattooing, cosmetic tattooing, branding, and scarification " ) and " tattoo " ( " the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin " ).

Although permitting and licensing of tattoo parlors has been left up to each of the Bay State’s 351 municipalities, most cities and towns, including Cambridge, Brookline, and Boston, have adopted the state’s suggested health and safety regulations. So if you want to open a parlor, the state’s exhaustive regulations are the place to start. Want to know who’s exempted from the regulations? See page five: licensed physicians " who perform body art as part of patient treatment. " Who can’t get a tattoo? Anyone under the age of 18, unless that person is accompanied by a parent or legal guardian " who has signed a form consenting to such procedure. "

Your parlor cannot have any animals on the premises except for " fish aquariums " in " waiting rooms and nonprocedural areas. " Each tattoo station must have a minimum of 45 square feet of space. Multiple stations in one tattoo parlor must be separated by partitions. Smoking and eating are prohibited.

As for tattoo artists themselves, they must " maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. " Practitioners must know CPR and first aid, and they must be trained in preventing the transmission of blood-borne pathogens. Oh, one other thing: they must not have any " weeping dermatological lesions. "

To see the complete document, visit www.state.ma.us/dph/bhqm/Ba1-23.pdf.

— Susan Ryan-Vollmar

WHILE TATTOOISTS in Somerville and Boston are struggling, it’s a different story in Cambridge. For evidence, just walk into the Garage in Harvard Square, an arcade-style emporium of Indian-style-clothing stores, jewelry stores, and restaurants where incense mingles with the smell of hot waffle cones from Ben & Jerry’s as soon as one enters. On the second floor, rock music from Newbury Comics blares as young people — no one over 30 seems to be within a half-mile radius — chat on cell phones, browse, talk, and drift by a sign that blares tattooing is here!!! It sits in front of the vaguely psychedelic-looking exterior of Chameleon Tattoo and Body Piercing, a shop that looks as if it’s been there since the ’60s. Prospective customers peruse the designs displayed on the walls and on laminated sheets arranged for easy browsing — zodiac symbols, hearts wrapped in thorns, religious imagery, babes on motorcycles, devils, angels. Name a design, and chances are you can find it here. Behind a small display case, the tattooed and pierced receptionist busily answers phone calls and arranges appointments for the walk-ins. Behind her, the health-department-issued licenses for each of the shop’s five tattoo artists and three body piercers are prominently displayed. It’s just another weekday afternoon, and the place, as usual, is jamming.

Chameleon Tattoo and Body Piercing, which has been in the Garage location for 23 years, was just a clothing, jewelry, and body-piercing establishment until February 1. That’s when the state lifted the temporary stay on tattooing that had been issued after the October ruling legalized the practice. Unlike Boston and Somerville, Cambridge allows body-art shops in commercial districts without zoning restrictions. As in all communities, these establishments are overseen by local health boards. " We worked very closely with the board of health, " says Chameleon owner Gil Del Castillo. " We met their requirements and everyone was satisfied. "

Even without zoning obstacles, Cambridge has not seen an influx of new tattoo parlors. In fact, Harold Cox, the chief public-health officer for the City of Cambridge, notes that Chameleon was the only applicant for body-art licenses after tattooing became legal. " We got lots of calls, but no applicants except for Chameleon. That was a surprise to us, " says Cox, whose office updated its regulations once it became clear that tattooing would be legalized in the Commonwealth. " There was no stampede. There is no zoning issue in Cambridge. Tattooing is nothing to be afraid of. If [other communities] are worried about kids, well, kids are going to find them no matter where they are, so what better place than the middle of Harvard Square? We might as well be responsible about this. I am not sure I understand the hoopla. "

Brookline doesn’t understand it either. Local health officials there, too, were ready with regulations in place once the stay was lifted on February 1. Like Cambridge, Brookline allows tattoo establishments in designated commercial districts and has seen no rush to open body-art shops along, say, Harvard Street. The board of health has fielded a few inquiries, but so far no one has applied to open a tattoo parlor. " If it’s zoned for commercial use, then fine, " says Pat Maloney, Brookline’s chief of environmental health. " It would be the same as a hair salon. If the area is commercially zoned, they need only to get a license from us and meet the health board’s criteria. The practitioners want to be regulated. It makes them more professional. "

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Issue Date: August 16 - 23, 2001






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