[Adopted 5-15-2018 by Order No. 18-116-01]
As used in this article, the following terms shall have the
meanings indicated:
The creation of an opening in the body of a human being for
the purpose of inserting jewelry or other decoration, including, but
not limited to, piercing of an ear, lip, tongue, nose or eyebrow.
Body piercing does not include piercing an earlobe with a disposable,
single-use or solid needle that is applied using a mechanical device
to force the needle or stud through the earlobe.
Inserting pigment under the skin of human beings by pricking
with a needle or otherwise, so as to produce an indelible mark or
figure visible through the skin.
No person, firm, or corporation may operate a tattoo artist
establishment or body piercing establishment until such person, firm,
or corporation first obtains a license for such purpose from the City.
Licenses under this article shall not be issued unless the City Clerk
receives affirmation from the Inspection Team that the applicant's
operation meets all applicable requirements. Any person carrying out
such activity without a license is in violation of these provisions.
Failure to comply with any of these requirements shall be deemed a
violation of this article and is adequate grounds for the denial,
revocation, or suspension of a license.
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the annual fee required has been paid through the City Clerk's office. The fee for a license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code for a tattoo artist or body piercing establishment.
A license application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing, a copy of a valid State of Maine license for such occupation pursuant to 32 M.R.S.A. §§ 4201 through 4301 for tattoo artists and 32 M.R.S.A. §§ 4321 through 4329 for body piercing.
In addition to those rules and regulations promulgated according
to 32 M.R.S.A. §§ 4201 through 4301, 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. A written
cautionary notice 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 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 artist:
|
Date:
|
__________
| |
|
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.
| ||
|
Name:
|
__________
| |
|
Address:
|
__________
| |
|
Date of Birth:
|
__________
| |
|
Have you had jaundice or hepatitis within the last two years?
| ||
|
Yes _____
|
No _____
| |
|
Patron's Signature:
|
__________
| |
|
Description of tattoo:
|
__________
| |
|
Area of body:
|
__________
| |
|
Tattoo Artist's Signature:
|
__________
| |
