[Added 9-15-2009]
The purpose of this article is to regulate the operation of
tattoo and body piercing establishments in order to promote and protect
the public health, safety and general welfare.
For purposes of this article, the following definitions shall
apply unless the context clearly implies otherwise:
The creation of an opening in the body of a human being for
the purpose of inserting jewelry or other decoration. This includes,
but is not limited to, piercing of an ear, lip, belly button, tongue,
nose or eyebrow. "Body piercing" does not, for the purpose of this
chapter, include piercing an earlobe with a disposable, single-use
stud or solid needle that is applied using a mechanical device to
force the needle or stud through the earlobe.
Premises where a body piercing practitioner performs body
piercing.
The Department of Health and Human Services.
Any conviction for any criminal offense punishable for any
period of time, whether or not the sentence was actually imposed or
served, but shall not include any conviction which is shown to have
been set aside on appeal or collaterally or for which a pardon, certificate
of rehabilitation or the equivalent has been granted or which is not
rationally related to the purpose of this article.
A "minor" means an individual under 18 years of age who is
not emancipated as defined by 15 M.R.S.A. § 3003, Subsection
6.
A person means an individual, partnership, corporation, or
other entity.
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.
A person who places a tattoo or performs body piercing upon
another human being.
Premises where a tattoo practitioner places tattoos on a
human being.
The provisions of this article shall not apply to duly licensed
physicians and surgeons.
The municipal officers are authorized to grant all municipal
licenses required by this article, provided that applicants comply
with all requirements hereof.
A.
No person shall operate a tattoo and/or body piercing establishment
without first obtaining and maintaining a valid tattoo and/or body
piercing establishment license from the Town of Wells. A separate
license shall be required for each such establishment.
B.
No person shall work as a tattoo and/or body piercing practitioner,
including one who holds a tattoo and/or body piercing establishment
license, without first obtaining and maintaining a valid tattoo and/or
body piercing practitioner license from the Town of Wells.
C.
A sole tattoo and/or body piercing practitioner who employs no other
tattoo and/or body piercing practitioner(s) may apply for a combined
tattoo and/or body piercing practitioner/establishment license from
the Town of Wells.
A valid license shall be displayed at all times in an open and
conspicuous place in the tattoo and/or body piercing establishment
for which it was issued, and for all tattoo and/or body piercing practitioners
who work in the tattoo and/or body piercing establishment.
A.
Any person desiring a license pursuant to this article shall file
a written, signed application with the Town Clerk on a form to be
furnished by the Clerk. An application shall be accompanied by two
front face photographs of the applicant taken within 30 days of application,
of such size as the Clerk may specify.
B.
Background investigation. The Town Clerk shall refer the names of
applicants for any license required by this article to the Chief of
Police, who shall verify the information provided in the application.
The Chief of Police shall conduct a background investigation and report
any relevant information to the municipal officers.
A.
Before any tattoo establishment license, tattoo practitioner license,
or combined license may be granted under this article, the applicant
must show proof of a valid Tattoo License from the Department of Health
and Human Services, pursuant to 32 M.R.S.A. § 4301 and Maine
Code of Regulations, 10-144, Chapter 210, Rules Relating to Tattooing
(the "State Tattooing Rules.")
B.
Before any body piercing establishment license, body piercing practitioner
license, or combined license may be granted under this article, the
applicant must show proof of a valid Body Piercing License from the
Department of Health and Human Services, pursuant to Title 32 M.R.S.A.
§ 4324 and Maine Code of Regulations, 10-144, Chapter 209,
Rules Relating to Body Piercing (the "State Body Piercing Rules.")
C.
Any applicant who is granted any license under this article must
comply, at all times, with the terms of his or her state license and
with all applicable state law. Any violation of applicable state law
will constitute a violation of this section.
D.
Without limiting the generality of the foregoing, licensees must
comply with all State Body Piercing Rules and the State Tattooing
Rules with respect to: (1) sanitary facilities; (2) sanitary practices;
(3) care and sterilization of instruments; (4) record keeping; and
(5) tattooing and piercing procedures, including, but not limited
to requirements that: (a) no tattooing or body piercing shall be practiced
on any individual who is obviously under the influence of intoxicating
liquor or chemical substances; (b) no tobacco products, intoxicating
beverages, or chemical substances may be consumed on the premises;
and (c) disposal of needles as prescribed in Maine Code of Regulations,
06-096, Chapter 900, Biomedical Waste Management Rules (the "Biomedical
Waste Management Rules").
E.
Before any tattoo establishment license, tattoo practitioner license,
or combined license may be granted under this article, the applicant
must show proof that the applicant has registered with the Department
of Environmental Protection as a biomedical waste generator, pursuant
to § 11(A) of the Biomedical Waste Management Rules. The
applicant must also provide proof that it has contracted with a duly
licensed biomedical waste transporter to transport and dispose of
the applicant's biomedical waste, except as otherwise provided in
§ 4(B) of the Biomedical Waste Management Rules, which permits
the transport of needles to a licensed biomedical treatment facility
via the United States Postal Service if specified conditions are met.
No tattoo and/or body piercing establishment may be open to
the public between the hours of 8:00 p.m. and 9:00 a.m.
A license under this article may be denied, suspended or revoked
if:
A.
A corporate applicant is not registered to do business in this state;
B.
Any principal of any corporate applicant or any person having an
actual ownership interest or management authority in the corporation
has a disqualifying criminal conviction within the immediately preceding
five years;
C.
Any applicant (other than a corporation) or any person having an
actual ownership interest or management authority has a disqualifying
criminal conviction within the immediately preceding five years;
D.
The tattoo and/or body piercing establishment does not meet the requirements
of the applicable building, electrical and fire codes;
E.
The applicant is not least 18 years of age;
F.
The applicant's tattooing and/or body piercing establishment or professional
conduct has been the source of one or more complaints of record that
have been found to be valid and the conduct relates directly to the
public health, safety or welfare;
G.
The licensee failed to notify the Clerk of any change in material
fact set forth in the application for such license;
H.
The licensee permitted any person to place a tattoo or perform body
piercing upon a human being without a valid state and municipal license
to do so;
I.
The licensee permitted or allowed an employee or other person to
violate any provision of this article in the course of conduct of
the business of the establishment;
J.
The licensee has violated any provision of the Town of Wells' Code
or Maine law in the course of operating a tattoo and/or body piercing
establishment or performing a tattoo or body piercing, which event
would have been the basis for denying the license originally;
K.
The licensee has knowingly participated in or permitted a violation
of Maine laws regulating tattooing and/or body piercing; or
L.
The applicant or licensee has failed to show proof of a valid state
tattoo and/or body piercing license from the Department of Health
and Human Services.
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The Clerk shall make and keep a written record of every decision
by the municipal officers to deny an application for any license hereunder.
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A.
No person shall make any false, untruthful or fraudulent statement,
either written or oral, or in any way conceal any material fact or
give or use any fictitious name in order to secure or aid in securing
a license required by this article. All names, including but not limited
to maiden name, ever used by the applicant must be noted on the application.
B.
Any license so secured shall be void.
No person shall make use of, in any manner, to his own or another's
benefit, any license which has not been duly issued to him or her
in accordance with this article.
Any person operating a tattoo and/or body piercing establishment
or performing tattoo and/or body piercing as defined herein on the
effective date of this article shall comply with the terms of this
article by obtaining a license hereunder within 45 days of the effective
date of this article.
A.
Body piercing. A body piercing practitioner may not perform body
piercing on a minor unless the individual obtains the prior written
consent of the minor's parent or legal guardian. This prohibition
does not apply if the body piercing practitioner has been furnished
with proper identification showing that the individual is 18 years
of age or older and the body piercing practitioner reasonably believes
such a minor to be 18 years of age or older.
B.
Tattooing. No person shall place a tattoo mark or figure upon a person
under the age of 18 years.
The Town's health officer may conduct periodic inspections of
any tattoo and/or body piercing establishment for the purpose of determining
whether such establishment(s) and the tattoo and/or body piercing
practitioners working therein are in compliance with this article.
It shall be a violation of this article for any person to willfully
prevent or restrain the health officer from entering a tattoo and/or
body piercing establishment for the purposes of inspecting such establishment,
after proper identification has been provided.
The violation of any provision of this article shall be punished
by a civil penalty of not less than $250 nor more than $500 for each
offense. Each day the offense continues after notice thereof constitutes
a separate offense.
