[Adopted 5-17-1999 by Ord. No. 108 (Ch. 11, Art. VII, of the 1990 Code)]
The following words, terms and phrases, when used in this Part 7, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The individual who performs the art of tattooing on the person
of another.
To insert pigment under the skin of a human being by pricking
with a needle or otherwise so as to produce an indelible mark or figure
visible through the skin.
No tattoo shall be administered except by conforming to all
of the following:
A.
Age. No tattoo shall be administered to any person less than 18 years
old, as verified by a driver's license, liquor identification card,
military identification card or other adequate record.
B.
Notice of permanency. Before administering a tattoo, the patron shall be advised that the tattoo should be considered permanent; that it can be removed only with a surgical procedure; and that any effective removal will leave permanent scarring and disfigurement. The written cautionary notice contained in Subsection G shall be furnished to and signed by the patron.
C.
Skin condition. The skin to be tattooed shall be free from rash,
pimples, infection or recent (less than two years) scar tissue. The
patron must be in apparent good health, and the skin to be tattooed
generally in a healthy condition to all appearances.
D.
Sobriety of patron. Tattoos shall not be administered to any person
under the influence of drugs or alcohol, and the operator is charged
with the responsibility of making reasonable observation and inquiry
to assure himself/herself that the patron is not under the influence
of drugs or alcohol.
E.
Food, drink, smoking, and alcoholic beverages prohibited. The consumption
of food or drink and smoking is prohibited in the tattooing area.
The consumption of alcoholic beverages on the tattooing premises is
prohibited.
F.
Prior jaundice or hepatitis. The patron shall be asked, before the
operation, whether he has had jaundice or hepatitis. If the answer
is in the affirmative, the tattoo operation shall not be performed.
G.
Record; form. The tattoo establishment shall keep a permanent record
of all patrons tattooed, stating name, age, address, date of tattoo,
operator's name, place where tattooed, and a description of the design
of the tattoo. Such records shall be made available to any City official
upon request, and shall be in the following form, which shall be signed
by the patron and the tattoo operator:
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Date
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I, the undersigned, realize that a tattoo is permanent; that
it can be removed only with a surgical procedure; and that any effective
removal will leave permanent scarring and disfigurement.
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Name
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Address
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Date of Birth
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Social Security #
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Serial number if a member of armed forces
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Have you had jaundice or hepatitis within the last two years?
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Yes _____
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No _____
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Signature of patron
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Description of tattoo
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Area of body
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Signature of operator
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The minimum required procedure for administering a tattoo shall
be as follows:
A.
No tattooing shall be done on the head, neck, hands, feet or the
genitalia of any person.
B.
The operator shall wash his hands thoroughly with soap and water
before starting to tattoo; the hands shall be dried with individual
single-use towels.
C.
The operator will use single-service impervious gloves on both hands
before beginning and during any procedures associated with tattooing.
D.
No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
birthmark or scar.
E.
A safety razor with a new single-service blade for each patron or
a straight-edge razor may be used and shall be thoroughly cleaned
and sterilized as required by the state before use on each patron.
F.
The area to be tattooed shall first be thoroughly washed, i.e., for
a period of two minutes with warm water to which has been added an
antiseptic soap. A sterile single-use sponge shall be used to wash
the area. After shaving and before tattooing is begun, a solution
of 70% alcohol shall be applied to the area with a single-use sponge
used and applied with a sterile instrument.
G.
Only petroleum jelly in collapsible metal or plastic tubes, or its
equivalent as approved by the state, shall be used on the area to
be tattooed, and it shall be applied with a sterile gauze.
H.
The use of styptic pencils, alum blocks, or other solid or liquid
styptics to check the flow of blood is prohibited.
I.
A patch test for sensitivity for each of the dyes used shall be made
on the patron before any tattooing design is applied.
J.
Single-service or individual containers of dye or ink shall be used
for each patron, and the container therefor shall be discarded immediately
after completing work on a patron, and any dye in which the needles
were dipped shall not be used on any person.
K.
Excess dye or ink shall be removed from the skin with an individual
sterile sponge which shall be used only on one person and then immediately
discarded.
L.
After completing work on any person, the tattooed area shall be washed
with sterile gauze saturated with an antiseptic soap solution approved
by the state, or a 70% alcohol solution. The tattooed area shall be
allowed to dry and petroleum jelly from a collapsible or plastic tube
shall be applied, using sterile gauze. A sterile gauze dressing shall
then be fastened to the tattooed area with adhesive.
A.
Storing of instruments. All clean and ready-to-use needles and instruments
shall be kept in a closed glass or metal case or storage cabinet while
not in use. Such cabinets shall be maintained in a sanitary manner
at all times.
B.
Sterilizing of instruments. A steam sterilizer (autoclave) shall
be provided for sterilizing all needles and similar instruments before
use on any customer, person or patron. Alternate sterilizing procedures
may only be used when specifically approved by the authorized City
inspector. Sterilization of equipment will be accomplished by exposure
to live steam for at least 30 minutes at a minimum pressure of 15
pounds per square inch, temperature of 240° F. or 116° C.
C.
Use of instruments. The needles and instruments required to be sterilized
shall be so used, handled and temporarily placed during tattooing
so that they will not be contaminated.
City inspectors may conduct periodic inspections of any tattooing
establishment for the purpose of determining whether or not such establishment
and the persons performing the art of tattooing therein are in compliance
with all applicable health provisions contained in this Part 7 and
other pertinent ordinances. It shall be unlawful for any person or
operator of a tattooing establishment willfully to prevent or restrain
the inspection officer from entering any licensed establishment where
tattooing is being performed for the purpose of inspecting such premises,
after proper identification is presented to the operator.
The provisions of this Part 7 shall not apply to any establishment
under the control or direction of a duly licensed practitioner of
the healing arts, nor do they apply to licensed medical hospitals
and similarly licensed medical institutions.
No individual shall tattoo another or operate or conduct a tattooing establishment of any kind within the City without first obtaining a license therefor in accordance with the provisions of this Part 7 and all regulations enacted pursuant to Title 32, Chapter 63. of the Maine Revised Statutes. The effective date for procurement of said license shall be July 1, 1999. In all appropriate places, the City of Augusta shall be known as the licensing authority.
An application for a license under this Part 7 shall be accompanied
by a fee which shall be set from time to time and a schedule of such
fees is on file in the City Clerk's office. Each license shall expire
one year from date of issuance.
