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16-5-71 G *** CODE SECTION *** 10/15/99 16-5-71. (a) It shall be
unlawful for any person to tattoo the body of any person under the
age of 18, except that a physician or osteopath licensed under Chapter 34
of Title 43, or a technician acting under the direct supervision of such
licensed physician or osteopath, and in compliance with Chapter 9 of Title
31 shall be authorized to mark or color the skin of any person under the
age of 18 by pricking in coloring matter or by producing scars for medical
or cosmetic purposes. (b) Any person violating the provisions of
subsection (a) of this Code section shall be guilty of a misdemeanor.
16-12-5 G *** CODE SECTION *** 10/15/99 16-12-5. (a) As used in this
Code section, the term "tattoo" means to mark or color
the skin of any person by pricking in, inserting, or implanting pigments,
except when performed by a physician licensed as such pursuant to Chapter
34 of Title 43. (b) It shall be unlawful for any person to tattoo
the body of any person within any area within one inch of the nearest part
of the eye socket of such person. Any person who violates this Code
section shall be guilty of a misdemeanor.
31-40-2 G
*** CODE SECTION *** 10/15/99
31-40-2.
It shall be unlawful for any person to operate a tattoo studio
without having first obtained a valid permit for such studio. Such
permits shall be issued by the county board of health or its duly
authorized representative, subject to supervision and direction by
the Department of Human Resources but, where the county board of
health is not functioning, the permit shall be issued by the
department. A permit shall be valid until suspended or revoked and
shall not be transferable with respect to person or location.
31-40-5 G *** CODE SECTION *** 10/15/99 31-40-5. (a) The Department of
Human Resources and county boards of health shall have the power to adopt
and promulgate rules and regulations to ensure the protection of the
public health. Such rules and regulations shall prescribe reasonable
standards for health and safety of tattoo studios with regard to:
(1) Location and cleanliness of facilities; (2) Sterilization and
Occupational Safety and Health Administration guidelines for the
prevention and spread of infectious diseases by all personnel; (3)
Informed consent by the person receiving a tattoo; (4) Procedures
for ensuring adequate explanation to consumers of the proper subsequent
care of a tattoo; and (5) Proper use and maintenance of tattoo
equipment, including dyes and pigments. (b) County boards of health are
empowered to adopt and promulgate supplementary rules and regulations
consistent with those adopted and promulgated by the department.
31-40-6 G *** CODE SECTION *** 10/15/99 31-40-6. The Department of
Human Resources and the county boards of health and their duly authorized
agents are authorized and empowered to enforce compliance with this
chapter and the rules and regulations adopted and promulgated under this
chapter and, in connection therewith, to enter upon and inspect the
premises of a tattoo studio at any reasonable time and in a
reasonable manner, as provided in Article 2 of Chapter 5 of this title.
31-40-7 G *** CODE SECTION *** 10/15/99 31-40-7. Any person, firm, or
corporation operating a tattoo studio without a valid permit or
performing tattooing outside of a licensed tattoo studio
shall be guilty of a misdemeanor.
31-40-8 G *** CODE SECTION *** 10/15/99 31-40-8. The Department of
Human Resources is authorized and directed to develop and institute a
program of public education for the purpose of alerting the public to the
possible side effects and exposure risks of tattooing.
31-40-9 G *** CODE SECTION *** 10/15/99 31-40-9. Notwithstanding any
other provision of this chapter, the governing authority of any county or
municipality may enact more stringent laws governing tattooing.
48-13-9 G
*** CODE SECTION *** 10/15/99
48-13-9.
(a) A local government is authorized to require a business or
practitioner of a profession or occupation to pay a regulatory fee
only if the local government customarily performs investigation or
inspection of such businesses or practitioners of such profession or
occupation as protection of the public health, safety, or welfare or
in the course of enforcing a state or local building, health, or
safety code, but no local government is authorized to use regulatory
fees as a means of raising revenue for general purposes; provided
that the amount of a regulatory fee shall approximate the reasonable
cost of the actual regulatory activity performed by the local
government.
(b) Examples of businesses or practitioners of professions or
occupations which may be subject to regulatory fees of local
governments include, but are expressly not limited to, the
following:
(1) Building and construction contractors, subcontractors, and
workers;
(2) Carnivals;
(3) Taxicab and limousine operators;
(4) Tattoo artists;
(5) Stables;
(6) Shooting galleries and firearm ranges;
(7) Scrap metal processors;
(8) Pawnbrokers;
(9) Food service establishments;
(10) Dealers in precious metals;
(11) Firearms dealers;
(12) Peddlers;
(13) Parking lots;
(14) Nursing and personal care homes;
(15) Newspaper vending boxes;
(16) Modeling agencies;
(17) Massage parlors;
(18) Landfills;
(19) Auto and motorcycle racing;
(20) Boarding houses;
(21) Businesses which provide appearance bonds;
(22) Boxing and wrestling promoters;
(23) Hotels and motels;
(24) Hypnotists;
(25) Handwriting analysts;
(26) Health clubs, gyms, and spas;
(27) Fortunetellers;
(28) Garbage collectors;
(29) Escort services;
(30) Burglar and fire alarm installers; and
(31) Locksmiths.
(c) Examples of businesses and practitioners of professions and
occupations which local governments are not authorized to subject to
regulatory fees include, but are expressly not limited to, the
following:
(1) Lawyers;
(2) Physicians licensed under Chapter 34 of Title 43;
(3) Osteopaths licensed under Chapter 34 of Title 43;
(4) Chiropractors;
(5) Podiatrists;
(6) Dentists;
(7) Optometrists;
(8) Psychologists;
(9) Veterinarians;
(10) Landscape architects;
(11) Land surveyors;
(12) Practitioners of physiotherapy;
(13) Public accountants;
(14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and
professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of
Code Section 10-1-622;
(20) Owners or operators of bona fide coin operated amusement
machines, as defined in Code Section 48-17-1, and owners or
operators of businesses where bona fide coin operated amusement
machines are available for commercial use and play by the public,
provided that such amusement machines have affixed current
stickers showing payment of annual permit fees, in accordance with
Code Section 48-17-9;
(21) Merchants or dealers as defined in Code Section 48-5-354 as
to their deliveries to businesses and practitioners of professions
and occupations in areas zoned for commercial use; and
(22) Any other business, profession, or occupation for which state
licensure or registration is required by state law, unless the
state law regulating such business, profession, or occupation
specifically allows for regulation by local governments.
(d) This Code section shall not be construed to repeal other general
laws which allow or require regulation of businesses, occupations,
or professions by local governments.
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