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:
BODY PIERCING
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.
DEPARTMENT
The Department of Health and Human Services.
DISQUALIFYING CRIMINAL CONVICTION
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.
MINOR
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.
PERSON
A person means an individual, partnership, corporation, or
other entity.
TATTOO
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.
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 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.
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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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.
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.