SNOW HILL – The Worcester County Commissioners took no action on body piercing legislation proposed by a Boardwalk shop owner.
The commissioners heard testimony from Dimensions owner Dan Troiano and a variety of others Tuesday but opted not to act on a text amendment that would have altered existing piercing regulations. Troiano had hoped to change the code to prohibit piercers from soliciting business off the premises of an actual piercing shop and remove the requirement that a minor’s proof of parent be notarized.
“All we’re trying to do is make this a practical workable statute,” said Pete Cosby, the attorney representing Troiano.
According to Cosby, a number of Boardwalk businesses advertise body piercing even though they’re not licensed to do it. Instead, they direct customers to shops elsewhere in Ocean City that they’re working with.
“The practical problem is there are unlicensed businesses putting signs on their premises saying body piercing,” Cosby said.
He said Troiano also wanted to adjust the section of existing code that relates to parental proof for minors getting pierced. Currently, minors must provide written proof of the parent’s status under oath on a form approved by the health department as well as provide photo identification and proof of parental status. Cosby proposed to have parental status verified by an affidavit subject to penalty of perjury.
“A notary public is simply an unreasonable burden …,” Cosby said. “We’re still requiring proof of parental status under oath.”
Troiano said that many of his customers were on vacation and weren’t carrying their birth certificates (which provide proof of parental status) around with them. Many times his customers also come in after banks close and are unable to find a notary.
“It means another day they have to come back,” Troiano said, adding that in the past he’d kept piercing studios in other municipalities because they didn’t have such strict requirements.
Piercer Ruben Martinez also spoke in favor of easing the parental proof requirements.
“Nobody has this kind of time on vacation,” he said, adding that the body piercing industry was already highly regulated.
As for the off-premise advertising, Troiano said it was a big problem on the Boardwalk. Signs for body piercing are all over the place.
“It looks like there’s 20 (shops) when there’s really only seven,” he said. “It cheapens what I do.”
He said shops advertised body piercing to draw customers in and then once they paid for the service customers had to be directed to another shop that actually did the piercing. In the summer, Troiano says he sees 50-60 people a day who have paid for their piercing and have nothing but a handwritten receipt as they look for the actual piercing location.
“They’re confused,” he said. “They’re upset.”
He said there was no reason shops that didn’t pierce should have body piercing advertised on the storefront.
“Unless you have a license you shouldn’t be able to advertise,” Troiano said, pointing out that it would be like him advertising alcohol when he didn’t serve it.
Commissioner Joe Mitrecic said he knew off-premise advertising was a problem.
“It’s a bit of a shell game,” he said. “I don’t know it’s not a zoning issue. Ocean City does not allow off premise advertising for a restaurant or anything else.”
He said he was aware that there weren’t many notaries available in Ocean City, particularly in the evenings, but said he would follow the health department’s guidelines on proof of parental status.
Debbie Goeller, the county’s health officer, said the health department would investigate if there was piercing occurring at unlicensed establishments.
Commissioner Jim Bunting said he didn’t know how the health department could enforce the off-premise advertising issue.
“It’s a zoning issue,” he said. “That’s where is should be. I don’t know how the health department would enforce this.”
Commissioner Ted Elder offered similar comments.
“It’s a moot point to change things if nobody’s going to enforce it,” he said.
