As used in this chapter, the following terms shall have the
meanings indicated:
APPRENTICE
Any person that performs the art of tattooing or body piercing
under the direct supervision of a practitioner in order to learn body
art procedures.
BODY ART
The practice of physical body adornment in licensed establishments
by operators utilizing, but not limited to, body piercing tattooing
and permanent cosmetics.
BODY PIERCING
Puncturing or penetration of the skin of a person using presterilized
single-use needles and the insertion of presterilized or disinfected
jewelry or other adornment thereto in the opening. Such definition
shall not apply to medical services performed by a licensed physician.
LEGAL GUARDIAN
An individual who, by legal appointment or by the effect
of written law, has been given custody of a minor or adult.
PRACTITIONER
Any person that performs the art of tattooing, permanent
cosmetics and/or ear and body piercing.
TATTOOING
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa.
All persons engaged in the business of tattooing, whether for
compensation or not, or who endeavor in any manner whatsoever to tattoo
any person shall maintain, for a period of five years from the date
of tattooing, records, which shall be sequentially numbered, containing
the following information:
B. The name, address and sex of the person tattooed.
C. The name and address of the person performing the tattoo operation.
D. The design, color or colors and location on the body of the tattoo.
E. The dye or substance used in the marking of the skin.
F. The method of tattooing used.
G. If the person tattooed is a minor, as defined by law, the name, address
and relationship to the person tattooed of any person consenting to
the tattooing operation on behalf of such minor, along with the consent.
It shall not be a defense to any proceeding under this chapter for
failure to maintain such record that the person requesting tattooing
represented him/herself to be of legal age unless such representation
shall be in writing, signed by the person to be tattooed and accompanied
by a notation as to what means were used to obtain proof of age, provided
that the appearance of the person requesting tattooing was such that
an ordinary prudent person would believe such person to be of legal
age.
All records and facilities of any establishment in which tattooing
or body piercing is performed, whether for compensation or not, shall
be open for inspection by the City Health Officer, or such person
designated by the Department of Health, with or without notice.
No person or operator of any establishment or other place where
tattooing or body piercing is performed shall state, represent, warrant,
advertise or imply to a customer, potential customers or to the public
at large that the establishment is endorsed, regulated or approved
by the City, or any department thereof, or is conducted in compliance
with the terms of this chapter.