Complete guide to permits and licenses required to start a tattoo / piercing in Bismarck, ND. Fees, renewal cycles, and agency contacts.
Required for all LLCs. Annual report required thereafter ($50 fee, due by anniversary date).
Individual license required for each tattoo artist. Prerequisites: 18+, bloodborne pathogens training, facility inspection approval.
Individual license required for each body piercing artist. Prerequisites: 18+, bloodborne pathogens training, facility inspection approval.
Premises license required for tattoo operations. Requires approved floor plan, equipment list, and pre-opening inspection.
Premises license required for body piercing operations. Requires approved floor plan, equipment list, and pre-opening inspection.
Required if using trade name/DBA. Renewable every 10 years ($25).
Ongoing requirement for all LLCs post-formation.
Tattoo and piercing services are generally not subject to sales tax in North Dakota as they are considered non-taxable services. However, tangible personal property sold (such as aftercare ointments, jewelry, or ink) is subject to sales tax. Registration is required if such taxable items are sold. See NDCC §57-39-02 and official guidance at https://www.nd.gov/tax/salesuse/index.htm
Required for all employers in North Dakota. Employers must withhold state income tax from employee wages. Registration is done through the same portal as sales tax: https://www.nd.gov/tax/
Even a single‑member LLC with employees must file these forms.
All employers with one or more employees must register. New employers are assigned a standard rate. Employers report and pay quarterly. See https://www.jobnd.gov/employers/unemployment-insurance/employer-responsibilities
North Dakota does not impose a franchise tax or gross receipts tax on LLCs. Pass-through entities like LLCs are not subject to corporate income tax. Instead, income flows to members who report it on personal returns. This is confirmed by ND Tax Commissioner guidance: https://www.nd.gov/tax/business/llc/index.htm
Most cities in North Dakota (e.g., Fargo, Bismarck, Grand Forks) require a local business license or privilege tax for all businesses operating within city limits. Requirements and fees vary. Example: Fargo Business License - https://www.fargo.gov/196/Business-License; Bismarck: https://www.bismarcknd.gov/businesslicense
While the LLC itself does not pay state income tax, members must report their share of profits on personal ND income tax returns. North Dakota taxes pass-through income. Due date aligns with federal filing deadline (April 15) unless extended. See https://www.nd.gov/tax/individuals/filing/index.htm
Required for all businesses; tattoo/piercing specifically listed as licensed activity in Fargo Code Ch. 31-02
Not all counties require; verify with specific county auditor
Bismarck Zoning Code Sec. 15-08-11 lists body art as conditional use
Required by ND Administrative Code 33-07-01.1; local health depts enforce
NFPA 1 compliance required; tattoo shops classified as B occupancy
Required for sterilization room construction per health codes
Fargo Code Ch. 20-14; illuminated signs require electrical permit
Tattoo shops = Business Occupancy (B); max 49 occupants typical
NFPA 72 required; monitored systems mandatory in commercial
Prohibited for body art in most residential zones
All employers in North Dakota with one or more employees must provide workers' compensation coverage through the North Dakota State Fund (exclusive provider). Sole proprietors are not required to cover themselves unless they elect coverage. Applies to all businesses including LLCs in the tattoo/piercing industry.
While North Dakota does not legally mandate general liability insurance for all businesses, landlords, shopping centers, or event organizers may require proof of coverage as a condition of tenancy or operation. Strongly recommended for tattoo/piercing studios due to risk of client injury or property damage.
Not mandated by North Dakota law or the Department of Health and Human Services for tattoo or piercing businesses. However, given the nature of body art services, this insurance is strongly recommended to cover claims of negligence, infections, or allergic reactions. No state agency enforces this requirement.
North Dakota does not require a surety bond (license bond) for tattoo or body piercing establishments as a condition of licensure. The North Dakota Department of Health and Human Services regulates body art facilities under ND Admin. Code § 33-04-02, but bonding is not referenced. No local jurisdictions currently require bonding for this industry.
Required for any vehicle registered to or primarily used by the business. Applies to vans, trucks, or cars used for transporting equipment or clients. Personal auto policies do not cover business use. Mandated under North Dakota's financial responsibility laws for all commercial vehicles.
Not mandated by North Dakota law. However, if the business sells any tangible goods (e.g., aftercare products, apparel), product liability coverage is strongly recommended to protect against claims of defective or harmful products. No state agency requires this specifically for tattoo/piercing studios.
Not required unless the business obtains a liquor license from the North Dakota Alcohol Beverage Control Division. Tattoo/piercing studios are not expected to serve alcohol. If alcohol is served, liquor liability insurance would be required as part of licensing. No known tattoo/piercing studios in ND currently hold liquor licenses.
While not an insurance requirement per se, the body art license requires compliance with health and safety standards (e.g., sterilization, recordkeeping). This indirectly supports risk mitigation and may influence insurance underwriting. Enforced by DPHHS. Note: Local cities (e.g., Fargo, Bismarck) may impose additional permit requirements.
All LLCs, even those with no employees, must obtain an EIN to open bank accounts and file federal taxes.
LLC may be taxed as a disregarded entity, partnership, or corporation. Choose classification on Form 8832 if desired.
Tattoo and piercing studios are specifically cited as high‑risk workplaces under this standard.
If the studio has fewer than 10 employees and is not covered by a specific OSHA standard, recordkeeping may be exempt.
Tattoo/piercing studios must provide accessible entrances, treatment rooms, and restrooms.
Inks are regulated as cosmetics; the studio must ensure inks are not adulterated or misbranded and must keep records of ingredient safety.
Many tattoo studios treat used needles and contaminated materials as regulated medical waste; proper segregation and disposal are required.
Claims about safety, sterility, or health benefits of tattoo/piercing services must be substantiated.
Minimum wage and overtime rules apply regardless of business size.
Employers must retain Form I‑9 for three years after hire or one year after termination, whichever is later.
Most small tattoo studios will not meet the employee threshold, but the requirement is noted for completeness.
Only required if the studio provides a qualified employee benefit plan.
All LLCs (including those taxed as partnerships) must file an annual report with the Secretary of State. The filing can be completed online.
Renewal requires submission of a renewal application, payment of fees, and proof of continuing education.
Acceptable CE courses must be approved by the ND Department of Health. Documentation must be retained for inspection.
Inspection covers sanitation, sterilization, record‑keeping, and compliance with the Body Art Regulations.
Many municipalities require an annual fire safety inspection for businesses open to the public.
Check with the specific city/county for exact schedule.
LLCs taxed as partnerships file Form ND‑20; LLCs taxed as corporations file ND‑21.
Tattoo services are generally non‑taxable, but merchandise (e.g., apparel, jewelry) is taxable.
LLC taxed as partnership files Form 1065; LLC taxed as corporation files Form 1120.
Includes Social Security, Medicare, and Federal Unemployment (FUTA) taxes.
Self‑insured employers must file a certificate of self‑insurance with the state.
Employers must report wages and pay UI taxes each quarter.
Required posters include Minimum Wage, OSHA, Family & Medical Leave, Equal Employment Opportunity, etc.
Records must be available for inspection by the Department of Health upon request.
Report includes number of procedures performed, any adverse events, and staff CE compliance.
Check the specific municipality for exact fee and due date.
The Food and Drug Administration (FDA) regulates tattoo inks and equipment, while the Federal Trade Commission (FTC) oversees advertising practices and consumer protection. The IRS handles federal tax obligations, and OSHA ensures workplace safety.
Fees vary depending on the specific regulation; OSHA compliance can range from $500 to $2000, while IRS fees depend on your tax obligations. Some requirements, like ADA Title III compliance and FTC guidelines, may have associated costs, but many have no direct fee.
ADA Title III requires businesses that are open to the public to be accessible to individuals with disabilities. This includes physical accessibility of the premises, as well as ensuring equal access to services and programs.
Renewal frequency varies; some requirements like FDA regulations are one-time, while federal income tax filings are typically annual. Certain IRS classifications and registrations are also one-time requirements.
The FTC can pursue legal action against businesses that engage in deceptive advertising or unfair business practices. Penalties can include fines, injunctions, and requirements to provide refunds to consumers.
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