Town of Bel Air, MD
Harford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Town Commissioners of the Town of Bel Air 3-11-1980 by Ord. No. 310 as Ch. 6, Art. 11 of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
COMMUNICABLE DISEASE
A disease capable of being transmitted to the general public as determined by a licensed physician in the State of Maryland.
EROGENOUS AREA
The pubic area, penis, scrotum, vulva, perineum or anus.
PATRON
Any person who receives a tattoo.
PERSON
Any individual, firm, partnership, corporation, company, association, joint-stock association or legal entity of whatsoever kind or nature.
TATTOO
A permanent design or mark made on the skin by pricking, or penetrating the skin or the mucous membrane of an individual for the purpose of inserting pigmented patterns, or by raising scars, or other forms of body decoration.
[1]
Editor's Note: The definition of "body piercing" which appeared in this section and all references to "body piercing" which appeared in this chapter were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
No person shall engage in or carry on the business of tattooing unless he or she has a valid business permit issued by the Town pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.
B. 
No person shall practice tattooing as an employee or otherwise unless he or she has a current permit issued to him or her by the Town pursuant to the provisions of this chapter.
Any person desiring a tattoo business permit shall file a written application with the Bel Air Police Department on a form furnished by that Department. The applicant shall accompany the application with a tender of the correct permit fee, as hereinafter provided, and shall, in addition, furnish the following:
A. 
The type of ownership of the business, i.e., individual, partnership, corporation or otherwise.
B. 
The name, address and telephone numbers under which the business is to be conducted.
C. 
A complete list of names, residence addresses and telephone numbers of all persons who will be performing tattooing.
D. 
A complete list of names, residence addresses and telephone numbers of the manager or other person principally in charge of the operation of the business or establishment.
E. 
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than 10% of the stock of the corporation, each officer, and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership and concerning the manager or other person principally in charge of the operation of the business; and if one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation:
(1) 
Name, complete residence address and residence telephone numbers.
(2) 
The two previous addresses immediately prior to the present address of the applicant.
(3) 
Official written proof of age (i.e., driver's license or birth certificate).
(4) 
Height, weight, color of hair and eyes, and sex.
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application and at least two inches by two inches in size.
(6) 
A history of such person's involvement in and experience with tattooing or similar businesses, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension, or revocation.
(7) 
All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted, the offense for which convicted, and the circumstances thereof.
(8) 
A complete set of fingerprints taken by the Bel Air Police Department and processed through the Maryland State Police for a criminal history record check and disclosure statement.
F. 
Authorization for the Town, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
G. 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct.
Any person desiring a permit to perform tattooing shall file a written application with the Police Chief or his designee on a form to be furnished by the Police Department. The application shall contain:
A. 
The business address and all telephone numbers where the person is to be practicing.
B. 
The following personal information concerning the applicant:
(1) 
Name, complete residence address, and residence telephone numbers.
(2) 
The two previous addresses immediately prior to the present address of the applicant.
(3) 
Official written proof of age (i.e., driver's license or birth certificate).
(4) 
Height, weight, color of hair and eyes, and sex.
(5) 
Two front-face portrait photographs taken within 30 days of the date of application and at least two inches by two inches in size.
(6) 
A history of such person's involvement in and experience with tattoo businesses, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
(7) 
All criminal convictions other than minor traffic violations, fully disclosing the jurisdiction in which convicted, the offense for which convicted, and the circumstances thereof.
(8) 
A complete set of fingerprints taken by the Bel Air Police Department and processed through the Maryland State Police for a criminal history record check and disclosure statement.
(9) 
A statement in writing, from a licensed physician in the state, that he/she has examined the applicant and believes the applicant to be free of all communicable diseases.
C. 
Such other information, identification, and physical examination of the person deemed necessary by the Chief of Police in order to discover the truth of the matters hereinbefore to be set forth in the application.
D. 
Authorization for the Town, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
E. 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct.
In the case of applications for a tattoo business permit, the Town of Bel Air, or its designee, shall cause to be conducted an investigation of the premises where the tattoo business is to be carried on for the purposes of assuring that such premises comply with all the sanitation requirements as set forth in this chapter and with all the other applicable laws, including but not limited to all federal, state, county, and Town building, fire, safety, and health regulations.
The operation, as proposed by the applicant, if permitted, must comply with all applicable laws, including but not limited to the Town's building, zoning and health regulations. All fees must be paid prior to the issuance of the permit. The permit will be denied if:
A. 
The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business has been convicted of any crime, other than minor traffic violations, unless such conviction occurred at least five years prior to the date of the application.
B. 
The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the Town in conjunction therewith.
C. 
Any individual performing tattooing has a communicable disease that poses a threat to public health or safety.
D. 
The applicant, if an individual; or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business is not over the age of 18 years.
This chapter shall be construed to be applicable to all persons as defined herein, whether profit or nonprofit in nature.
A. 
Display of permits. The tattoo business permittee shall display his/her permit, and that of each and every person performing tattooing in the business, in an open and conspicuous place on the premises of the business.
B. 
Permit fees.
(1) 
Fees for tattoo businesses and the persons performing tattoo are set by resolution of the Board of Town Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
The permits and fees required herein shall not be in lieu of, but shall be in addition to, any licenses, taxes or permits now required by the State of Maryland, county, Town or any administrative agency thereof.
C. 
Term of permits. All permits are for a period of one year from the date of issuance.
D. 
Renewals. Applications for renewal of the permits must be made no later than 45 days prior to the expiration of the permit.
E. 
Transfer of permits. No permits are transferable, separate or divisible and such authority as a permit confers shall be conferred only on the permittee named therein. No business permit shall be applicable to any other location other than that location set forth in the initial application under the terms of this chapter.
A. 
Inspections.
(1) 
All premises used by the permittee hereunder may be periodically inspected by the Town's Building Official or his authorized representatives for safety of the structure, including but not limited to adequacy of plumbing, ventilation, hearing and illumination. Floors shall be free from any accumulation of dust, dirt or refuse. The use of equipment specifically designed for body tattooing shall be required.
(2) 
All equipment specified and used in the tattoo operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. No tattooing service or practice shall be carried on within any cubicle, room, booth or any area within the establishment which is fitted with a door capable of being locked.
B. 
Other governmental regulations. Nothing contained herein shall be construed to eliminate other minimum requirements of federal, state, county or Town ordinances or regulations pertaining or applicable to the maintenance, control and operation of the premises nor to preclude any authorized inspections thereof by either the Bel Air Building Official or his authorized representative, the Health Department or the Fire Department or any other authorized inspections.
C. 
Right of entry. The premises used by the permittee hereunder shall be subject to the right of entry and examination by the Chief of Police, the Bel Air Building Official or their duly authorized agents or representatives or any other persons authorized to inspect premises of this nature as hereinabove set forth during business hours. This subsection shall not restrict or limit the right of entry vested in any law enforcement agency other than herein set forth.
A permittee shall have the premises supervised at all times when open for business. The business permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this chapter or any other applicable laws. The violation of any such provision by any agent or employee of the business permittee shall constitute a violation by the permittee and by the person violating the provisions of this chapter or any other law.
A. 
Alcoholic beverages are prohibited on the premises. No person shall sell, give, dispense, provide, or keep, or cause to be sold, given, dispensed, provided, or kept, any alcoholic beverage on the premises of any tattoo business.
B. 
It shall be unlawful to remain open or to provide services between the hours of 8:00 p.m. and 10:00 a.m.
C. 
It shall be unlawful for any person in the establishment to place his or her hands upon, to touch with any part of his or her body, or to fondle in any manner an erogenous area of any other person.
D. 
It shall be unlawful for any employee and/or person in the establishment to expose the erogenous area, or any portion thereof, to any other person.
E. 
It shall be unlawful for any person, while in the presence of any other person in the establishment, to fail to conceal with a fully opaque covering the erogenous area of his or her body.
F. 
It shall be unlawful for any person to perform tattooing in any place other than a licensed tattoo establishment.
G. 
It shall be unlawful for any person to perform or administer tattooing of or to any person under 18 years of age without the prior written and notarized consent of the parent or court-appointed guardian of the person. In addition, the parent or court-appointed guardian of the individual must be present during the tattooing. The written permission, and a copy of the court order of guardianship when such permission is given by a guardian, shall be retained by the person administering the tattooing for a period of five years. The parent must provide a birth certificate or other legal identification establishing the parent/child relationship for the minor. Also, the parent must show proof of his or her identify. Guardians must provide proof of court-appointed guardianship of the minor. Also, the guardian must show proof of his or her identity.
A. 
Refusal of permit.
(1) 
In the event that any applicant is refused a permit under the provisions of this chapter, the applicant shall have 10 days from the receipt of written refusal to appeal to the Commissioners of Bel Air for a review of the application.
(2) 
The applicant shall then be entitled to a hearing on the application, either before the Commissioners of Bel Air or before some duly authorized or appointed administrative agency of the Town designated by the Commissioners of Bel Air.
(3) 
A record of the hearing shall be kept. In the event that the hearing results in further refusal, the applicant shall have all applicable remedies as set forth in the Maryland Rules of Practice and Procedure and the Annotated Code of Maryland for appeals from administrative agencies.
B. 
Revocation or suspension of permit.
(1) 
Any business or employee permit issued under this chapter shall be subject to suspension or revocation by the Police Chief for violation of any provision of this chapter or for any grounds that would warrant denial of issuance of such permit in the first place. The Chief, upon such revocation or suspension, shall state his reasons in writing, specifying the particular grounds for such revocation or suspension.
(2) 
The permittee shall then be entitled to a hearing on the revocation or suspension, either before the Commissioners of Bel Air or before some duly authorized or appointed administrative agency of the Town or a hearing board consisting of at least three persons designated by the Commissioners.
(3) 
A record of the hearing shall be kept. In the event that the hearing results in further refusal, the applicant shall have all applicable remedies as set forth in the Maryland Rules of Practice and Procedure and the Annotated Code of Maryland for appeals from administrative agencies.
A. 
Every person convicted of a violation of any provision of this chapter shall be deemed guilty of a misdemeanor punishable as provided in Chapter 1, Article II of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The penalties as set forth herein are in addition to, and not in derogation of, any other penalties provided in this chapter or under the applicable laws of the State of Maryland.
C. 
The penalties as set forth herein are also in addition to all civil remedies that may be applicable.