[Added 4-7-2008; amended 6-3-2013]
The purpose of this article is to regulate the operation of
tattoo establishments in order to promote the public health, safety
and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any person who receives a tattoo or who retains a tattoo
practitioner for that purpose.
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.
Permanent, nondwelling premises where a tattoo practitioner
performs tattooing.
The person who places a tattoo on a human being and is at
least 18 years of age.
No person shall operate a tattoo establishment without obtaining
and maintaining a valid tattoo establishment license from the City.
A tattoo establishment shall keep a written list of all employed tattoo
practitioners and their current addresses, which list shall be shown
to the Chief of Police or City Clerk upon request.
Applications for licenses required by this article shall be
procured from the City Clerk's office, completed and signed by the
applicant, and filed with the Clerk's office.
A.
No person shall operate a tattoo establishment or work as a tattoo
practitioner without holding a valid license from the State of Maine
Department of Health and Human Services, Bureau of Health, as provided
under Maine Code of Regulations, 10-144, Ch. 210, Rules Relating to
Tattooing, as amended from time to time.
B.
No person shall operate a tattoo establishment or work as a tattoo
practitioner without being in full compliance with all other requirements
of Maine law.
The municipal officers, in addition to other provisions of this
code authorizing such action, may deny, suspend or revoke a license
upon one or more of the following grounds:
A.
There has been a failure to fully complete the application forms
or to pay any fee required hereunder; an incorrect statement of material
fact has been made knowingly on such form; or there has been a knowing
omission of material fact or additional documentation required or
reasonably necessary to determine whether such license should be issued;
B.
The applicant has been convicted of any offense listed in 34-A M.R.S.A. § 11203(6)(B) within the five years immediately prior to the date of the application. Where there is a conflict between this provision and the disqualification provision of § 205-9C, the longer period of disqualification shall apply;
C.
The applicant's business and professional reputation have been the
source of client complaints affecting the public health, safety and
welfare;
D.
The licensee has violated any provision of this Code or Maine law
in the course of operating a tattoo establishment or performing a
tattoo, which event would have been the basis for denying the license
originally;
E.
The applicant's or licensee's real estate and/or personal property
taxes, registration fees, sewer and other charges associated with
the business are in arrears;
F.
Failure to notify the Clerk of any change of material fact set forth
in the license application;
H.
Knowingly participating in, or permitting any violation of, Maine
laws regulating tattooing.
The violation of any provision of this article shall be punishable by the fine set forth in Chapter A401, Master Fine Schedule. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. In addition to such penalty, the City may seek injunctive relief in a court of competent jurisdiction.
