[HISTORY: Adopted by the Council of the City of Pawtucket 6-21-2000 by Ch. No. 2565. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 260.
Zoning — See Ch. 410.
A. 
No person shall operate or conduct a tattoo business in the City of Pawtucket without first obtaining a certificate of zoning compliance allowing such use as required by the City of Pawtucket Zoning Ordinance.
B. 
No person shall operate or conduct a tattooing establishment of any kind within the city without first obtaining a tattoo license from the City Council.
[Amended 12-28-2000 by Ch. No. 2586]
Applicants for a license under this chapter shall file a written sworn application, in duplicate, signed by the applicant with the City Clerk, giving the following information:
A. 
The name, address (both legal and local address), age, date and place of birth of the applicant.
B. 
The names and addresses of all partners, if a partnership, and the names and addresses of all officers and stockholders, if a corporation.
C. 
[1]The location where the applicant proposes to conduct the tattooing.
[1]
Editor's Note: Former Subsection C, requiring a complete list of all prior arrests and convictions, was repealed 12-28-2000 by Ch. No. 2586. This ordinance also repealed former Subsection E, requiring a statement by a physician, which immediately followed this subsection.
One copy of the application shall be referred to the Chief of Police and the other copy to the State Department of Health.
A. 
The Chief of Police shall provide a complete list of all prior arrests and all convictions, whether felonies or misdemeanors, of the applicant and of all persons having any interest in the business of the applicant.
[Amended 12-28-2000 by Ch. No. 2586]
B. 
The Department of Health shall perform its own independent inspection and determine whether the applicant has satisfied the Department's general operational requirements as set forth in the General Laws of the State of Rhode Island and/or the rules and regulations promulgated by the Department of Health relative to the registration of tattoo artists and tattoo parlors. These rules mandate an inspection of the proposed location to determine if there is a supply of cool running water, boiling water, alcohol and adequate means of sterilization of equipment and also to determine that all equipment and materials used are such as to protect the health and safety of persons tattooed.
C. 
No license shall be issued to any applicant unless the application is approved by both the Chief of Police and the Department of Health.
Each applicant, prior to being granted a license, shall pay an annual license fee in the amount $175. Each license shall expire annually from January 1 to December 31.
The license provided for in this chapter shall be posted conspicuously at the location where the applicant conducts the tattooing.
A. 
The City Council may permit a tattoo license to be used at any other place within the limits of the city, or, in its discretion, permit the license to be transferred to another person, but in all cases of change of licensed place or of transfer of license, the Council shall, before permitting the change or transfer, give notice of the application for the change or transfer in the same manner as is provided in this chapter in the case of original application for the license.
B. 
The new location and/or new license holder shall first be approved by the Department of Health in the same manner as provided in § 360-3 of this chapter.
C. 
A location transfer fee shall be $20; however, transfer of owner fee shall be $175 as provided in § 360-4 of this chapter.
[Amended 11-8-2007 by Ch. No. 2879]
The City Council, before granting a tattoo parlor license under this chapter, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two weeks prior to the meeting of the City Council where said license shall be considered. Said advertisement shall be published in a daily newspaper of local circulation. Said notice shall be given by the office of the City Clerk, and the cost thereof shall be borne by the applicant. Said notice shall state that the remonstrants are entitled to be heard before the granting of such license and shall name the time and place of such hearing.
Each license issued under this chapter is subject to the right of City Council, which is expressly reserved, to revoke the same for any fraud, misrepresentation or false statement contained in the application for the license, for a conviction of any crime or misdemeanor involving moral turpitude, or of a violation of any of the provisions of this chapter, or of failure to comply with any rule, regulation or order issued by the Department of Health. The applicant shall, if he or she desires, have the right to a hearing upon such revocation, which hearing shall be held subject to such rules and regulations as may be set by City Council, provided that if the Department of Health orders a revocation for any reason, the applicant shall not be entitled to a hearing prior to revocation.
Notwithstanding the holding of a license, the following prohibitions and restrictions shall apply to all tattooing in the city:
A. 
No person under the influence of alcoholic beverages shall be tattooed.
B. 
No person under 18 years of age shall be tattooed and the licensee shall require proof of age in all instances.
C. 
No tattooing establishment shall remain open later than 11:00 p.m.
Any applicant for a tattoo license shall be required to comply with the provisions of § 23-1-39 of the Rhode Island General Laws entitled "Tattooing," as the same may be amended, and any rules and regulations established by the Department of Health pursuant thereto.
[Amended 2-6-2014 by Ch. No. 3039; 10-12-2023 by Ch. No. 3283]
A. 
The maximum number of tattoo businesses, commonly referred to as "tattoo parlors," in the City shall be 10.
B. 
Notwithstanding the limit in Subsection A of this section, tattoo parlors that provide only cosmetic or permanent makeup procedures such as eye lining, lip lining, microblading, or repigmentation, as defined in the RI Department of Health's rules and regulations, shall be exempt from this maximum.
[1]
[1]
Editor's Note: Former § 360-12, Diminishing the number of tattoo parlors, which immediately followed this section, was repealed 11-8-2007 by Ch. No. 2879.