[HISTORY: Adopted by the Board of Town Commissioners
of the Town of Bel Air 8-16-2021 by Ord. No. 803-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 420,
Tattooing, adopted 3-11-1980 by Ord. No. 310 as Ch. 6, Art. 11, of
the 1980 Code, as amended 11-17-2008 by Ord. No. 715-08.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity applying to the Town for a tattoo and/or body piercing use under Chapter 165, Comprehensive Plan and Development Regulations, or any person or entity performing services related to tattooing and/or body piercing.
The act of puncturing the skin or the mucous membrane utilizing
a single sterile needle or other sterile instrument for the purpose
of inserting jewelry or other adornment into the body for nonmedical
purposes. Piercing of the ear lobe using a properly disinfected ear-piercing
gun and a single use sterile stud(s) and clutches is excluded from
this definition.
A disease capable of being transmitted to the public as determined
by a licensed physician in the State of Maryland.
The act of pricking or penetrating the skin or the mucous
membrane of an individual by inserting pigmented patterns, or by raising
scars, to form a permanent design mark on the skin as a form of body
decoration.
Upon receipt of an application for a tattooing and/or body piercing
business, the Town or its designee, shall inspect the premises where
the business is to be conducted to ensure that such premises comply
with all sanitation requirements set forth in this chapter and with
all the other applicable laws and health regulations prior to use
and occupancy.
The operation, as proposed by the applicant, 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 use and occupancy permit which is conditioned
on the following:
A.Â
Notification of the Town of Bel Air Police Department and the Harford
County Health Department to provide an opportunity for inspection
prior to opening.
B.Â
The applicant has not knowingly made any false, misleading, or fraudulent
statement of fact in any document required by the Town in conjunction
therewith.
C.Â
The applicant, and all its employees or other persons principally
in charge of the operation of the business must be over the age of
18 years.
A.Â
Inspections.
(1)Â
All premises used by the applicant may be periodically inspected
by the Town and its authorized representatives for safety of the structure,
including but not limited to adequacy of plumbing, ventilation, heating,
and illumination. Floors shall be free from any accumulation of dust,
dirt, or refuse. The use of equipment specifically designed for body
tattooing and or body piercing shall be required.
(2)Â
All equipment specified and used in the tattoo and/or body piercing
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.
B.Â
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 Town or its authorized
representative, the Health Department or the Fire Department or any
other authorized inspectors.
C.Â
Right of entry. The premises used by the applicant 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.
The applicant shall always have the premises supervised when
open for business and shall personally ensure that all its employees
comply with all local, state, and federal standards regarding skin-penetrating
body adornment procedures. The violation of any such provision by
any agent or employee of the applicant shall constitute a municipal
infraction.
A.Â
Alcoholic beverages and/or controlled dangerous substances are prohibited
on the premises. No person shall sell, consume, be under the influence
of, give, dispense, provide, or keep, or cause to be sold, any alcoholic
beverage and/or controlled dangerous substance on the premises of
any tattoo and/or body piercing business.
B.Â
It shall be unlawful to remain open or to provide services between
the hours of 10:00 p.m. and 8:00 a.m.
C.Â
It shall be unlawful for any person to perform tattooing or body
piercing in any place other than a licensed tattoo establishment.
D.Â
It shall be unlawful for any person to perform or administer tattooing
or body piercing of or to any person under 18 years of age without
the prior written 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 service and provide government-issued
photo identification of themselves. The written permission, a copy
of the court order of guardianship when such permission is given by
a guardian, and copies of the identification shall be retained by
the person administering the service for a period of five years.
[Amended 10-4-2021 by Ord. No. 805-21]
