Any tattoo establishment and/or body piercing establishment
licensed to operate in the Town of Salem and found to be in procedural
noncompliance with any of the requirements of this chapter may have
its license suspended by the Health Officer or his/her duly appointed
agent at the time of inspection. Reinstatement shall occur following
compliance and reinspection.
A.
Any offense involving the body piercing of a minor without the parent
on site to sign a consent form or the tattooing of any person under
the age of 18 years shall result in a license suspension for a period
of at least seven business days in addition to facing any applicable
court action and fines. The Health Officer and/or Police Chief may
recommend to the Board of Health a permanent revocation for repeated,
subsequent offenses.
B.
A first offense suspension, for issues other than the tattooing or
body piercing of minors, shall be for a period of at least 48 hours
or until such time as the health and procedural issues of noncompliance
are brought into compliance. A reinspection fee as adopted by the
Board of Selectmen shall be charged individually to all artists involved
in the issues of noncompliance. The Health Officer may recommend to
the Board of Health a permanent revocation for repeated, subsequent
offenses.[1]
C.
Any licensed tattoo and/or body piercing establishment found to be
in noncompliance of this chapter and not operating under the intent
of this chapter shall have its license permanently suspended. Such
suspensions may be made by the Health Officer, the Police Chief or
their duly appointed agent(s) and/or per order of the Board of Health
and shall be the result of documentation of such noncompliance.
D.
Appeals from administrative decisions to revoke or to suspend a license(s)
shall be made in writing within 10 days to the Board of Health with
a request for a public hearing. The revocation/suspension shall be
stayed pending a public hearing on the matter and final ruling by
the Board of Health.
E.
Anyone operating a tattoo or body piercing establishment in an unapproved
zoning site shall face court action and fines as allowable under RSA
676:17 for each day that such violation continues after the violator
has received written notice from the municipality that he/she is in
violation.
F.
Anyone found to be operating an unlicensed tattoo or body piercing
establishment in the Town of Salem shall face court action and fines
as allowable under RSA 31:39, III, per offense. The establishment
shall remain closed until all requirements of this chapter are in
compliance and a license has been issued.