Section 461. Permit required

1.  No  person  shall  be  a body piercing
  specialist or tattooist and no person, firm,  corporation,  partnership,
  or  other  association  shall  operate  a body piercing studio or tattoo
  studio without first obtaining a permit from the department.
    2. All body piercing or tattooing shall  be  performed  in  accordance
  with  the rules and regulations promulgated by the commissioner pursuant
  to the public health law.
    3. The department shall issue a permit if the body piercing specialist
  and  body  piercing  studio  or  tattooist  and  tattoo  studio  are  in
  compliance  with this article, the penal law and the state sanitary code
  and are not otherwise disqualified under this article.