[HISTORY: Adopted by the Commissioners of the Town of Princess Anne 4-10-2006
by Ord. No. 2006-2.[1] Amendments noted where applicable.]
The President and Commissioners of Princess Anne have determined:
A.
That the coloration of the skin by the aid of needles
or any other instruments designed to touch, puncture or penetrate the skin
by improperly trained or unsupervised individuals or in unsanitary facilities
is dangerous to the health and general welfare of the community.
B.
That the puncturing or penetrating of skin area that
has rash, pimples, boils, infections or other skin disorders or diseases can
cause a spread of the skin disorders or diseases which may result in the communication
of such skin disorders or diseases to other persons.
C.
That the communication of disease poses a threat to the
public health, safety and general welfare.
D.
That, in order to protect the public health, safety and
general welfare, it is necessary to regulate tattoo establishments.
Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction,
meaning and application of words and phrases as used in this section.
Written approval from the Code Enforcement Officer of Princess Anne
or his or her designated representative that the tattooing establishment has
been inspected and meets all the requirements of this chapter relating to
physical facilities, equipment and layout for the operation of a tattoo establishment.
Any person over 18 years of age, other than an operator, who renders
any service in connection with the operation of a tattoo establishment and
receives compensation from the operator of the business or its patrons.
Any individual, firm, company, corporation or association that owns
or operates an establishment where tattooing is performed and any individual
who performs or practices the art of tattooing on the person of another.
Includes any person authorized to practice osteopathic medicine pursuant
to the laws of the State of Maryland.
Any person over 18 years of age who receives a tattoo under such
circumstances that it is reasonably expected that he or she will pay money
or give any other consideration therefor.
Includes any person authorized to practice medicine pursuant to the
laws of the State of Maryland.
Any method of placing designs, letters, scrolls, figures, symbols
or any other marks upon or under the skin with ink or any other substance
resulting in the coloration of the skin by the aid of needles or any other
instruments designed to touch, penetrate or puncture the skin.
A.
No person shall engage in or carry on the business of
operating a tattoo establishment unless he has a valid permit issued by the
Town of Princess Anne, pursuant to the provisions of this chapter.
B.
No person except a physician or osteopath shall tattoo
the body of any other person or practice the art of tattooing upon the person
of another unless he has a valid license issued hereunder and is working under
the direction of and in the presence of a physician or osteopath. No person
shall tattoo the body of another person or practice the art of tattooing except
at a permitted tattoo establishment.
Any person desiring a permit to operate a tattoo establishment shall
file a written application with the department designated by the President
and Commissioners of Princess Anne on a form furnished by the department.
The applicant shall accompany the application with a tender of the correct
permit fee, as established by resolution from time to time by the President
and Commissioners, and shall, in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation or other.
B.
The name, style and designation under which the business
or practice is to be conducted.
C.
The business address and all telephone numbers of the
business to be conducted.
D.
The following personal information concerning the applicant,
if an individual, and concerning each stockholder holding more than 10% of
the stock of the corporation, each officer and each director, if the applicant
is a corporation, and concerning the partners, including limited partners,
if the applicant is a partnership, and concerning the manager or other person
principally in charge of the operation of the business:
(1)
The name, complete residence address and residence telephone
number of the applicant and the supervising osteopath or physician.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight and color of hair and eyes.
(5)
Diploma, certificate or other written proof of graduation
from a recognized medical school by the person who shall be directly responsible
for the operation and management of the tattoo establishment and supervising
osteopath or physician.
(6)
A certificate or other written proof that the supervising
physician or osteopath is authorized to practice medicine or osteopathic medicine,
as the case may be, within the State of Maryland.
E.
Authorization for the President and Commissioners of
Princess Anne, its agents and employees to seek information and conduct an
investigation into the truth of the statements set forth in the application
and the qualifications of the applicant for the permit.
F.
Written declaration by the applicant, under penalty of
perjury, that the information contained in the application is true and correct,
with said declaration being duly dated and signed in the Town.
G.
The application shall contain the signatures of the applicant
and the physician or osteopath who shall be responsible for the operation
of the establishment.
H.
Any other information as may be reasonably required to
carry out the purposes of this section.
Any person desiring a license to tattoo shall file a written application
with the department designated by the President and Commissioners of Princess
Anne on a form to be furnished by the department. The applicant shall tender
with the application the correct license fee, as established by resolution
from time to time by the President and Commissioners, and shall, in addition,
furnish the following:
A.
The business address and all telephone numbers where
the tattoo establishment is to be operated.
B.
The following personal information concerning the applicant:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight and color of hair and eyes.
(5)
Name, complete residence address and residence and all
office telephone numbers of the physician or osteopath who is to be in charge
of the tattoo establishment where the applicant intends to practice.
(6)
A statement, in writing, on forms provided by the department,
from a physician, other than the physician or osteopath who is to supervise
the tattoo establishment, that he has examined the applicant within 30 days
of the date of the application and believes the applicant to be free of all
communicable diseases.
A.
Upon receipt of a completed application for a permit
or license under this section, the department designated by the President
and Commissioners of Princess Anne shall review the application and shall
conduct or cause to be conducted an investigation of the premises or applicant
which or who is the subject of the application for the purpose of assuring
that the premises comply with all of the requirements set forth in this chapter
and with all other requirements of law or regulation.
B.
Upon completion of the investigation, the department
shall produce a written report with respect to the application and transmit
both the report and the application to the President and Commissioners for
review and approval or denial. The report and application shall be transmitted
to the President and Commissioners of Princess Anne not later than 90 days
after the receipt of the application; provided, however, that the ninety-day
period may be extended by the President and Commissioners of Princess Anne
for good cause shown.
The President and Commissioners of Princess Anne shall approve or deny
the application within 30 days of receipt of the application and report, unless:
A.
The correct fee has not been tendered to the Town and,
in the case of a check or bank draft, honored with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted,
or applicant, if licensed, would not comply with all applicable laws, including
but not limited to the Town's business, zoning and health regulations.
C.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the application or in any document required
by the President and Commissioners of Princess Anne in connection therewith.
D.
The applicant has operated a tattoo establishment or
engaged in tattooing and has had a permit or license denied, revoked or suspended
for any of the above causes by any state or local agency within two years
prior to the date of the application.
E.
The applicant, if an individual, or any of the officers
and directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business is
not over the age of 18 years.
F.
The manager or other person principally in charge of
the operation of the tattoo establishment or charged with supervision is not
a physician or osteopath.
All tattoo establishment permittees shall display their permits and
all tattoo licenses of those engaged at the establishment in an open and conspicuous
place on the premises of the tattoo establishment.
License and permit fees shall be set by resolution of the President
and Commissioners of Princess Anne.
Any permit or license issued pursuant to this chapter shall be subject
to suspension or revocation by the President and Commissioners of Princess
Anne for violation of any provision of this chapter or for any grounds that
would warrant the denial of issuance of such permit or license; provided,
however, that the President and Commissioners of Princess Anne shall first
afford the permittee or licensee an opportunity to be heard upon reasonable
notice in the event of revocation or suspension; the President and Commissioners
of Princess Anne shall state reasons, in writing, specifying the particular
grounds for such revocation or suspension. A criminal conviction shall not
be necessary for a revocation or suspension. Any decision of the President
and Commissioners of Princess Anne with respect to suspension or revocation
of a permit shall be final and shall not be appealable.
No license or permit granted hereunder shall be transferable, separable
or divisible.
Anyone accepting a tattoo license shall be deemed to have granted the
President and Commissioners of Princess Anne and its agents an unrestricted
and irrevocable right of entry to enter upon and into the premises permitted
to determine compliance herewith.
Licenses and permits shall have a term of three years and must be renewed
by the same procedure as an initial issuance.
Each tattoo establishment shall comply with the following requirements:
A.
The room in which tattooing is done shall have an area
of not less than 100 square feet. The walls, floors and ceiling shall have
an impervious, smooth and washable surface.
B.
A toilet and lavatory shall be located in the establishment
and shall be accessible to customers and employees at all times that the tattoo
establishment is open for business. It shall be supplied with hot and cold
running water, soap and sanitary towels.
C.
All tables and other equipment shall be constructed of
easily cleanable material, shall be painted or finished and shall be separated
from waiting customers or observers by a panel at least six feet high or by
a door.
D.
The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair.
E.
The physician or osteopath who shall apply the tattoo
or the person working under the direction of a physician or osteopath who
shall apply the tattoo shall wash his hands thoroughly with soap and water
before starting to tattoo. The hands shall be dried with individual, single-use
towels.
F.
No tattooing shall be done on any skin surface that has
a rash, pimples, boils or infections or manifests any evidence of any other
unhealthy condition.
G.
Safety razors with new, single-surface single-use blades
for each patron or a straight-edged razor may be used and shall be thoroughly
cleaned and sterilized before use on each customer or patron.
H.
The area to be tattooed shall first be thoroughly washed
for a period of two minutes with warm water to which has been added an antiseptic
liquid soap. A sterile, single-use sponge shall be used to scrub the area.
After shaving and before tattooing has begun, a solution of 70% alcohol or
an antiseptic shall be applied to the area with a single-use sponge used and
applied with a sterile instrument.
I.
Only petroleum jelly in collapsible metal or plastic
tubes, or its equivalent, shall be used on the area to be tattooed, and it
shall be applied with sterile gauze.
J.
The use of styptic pencils, alum blocks or other solid
styptics to check the flow of blood is prohibited.
K.
Prior written inquiry shall be made, and anyone giving
a history of recent jaundice, hepatitis or AIDS shall not be tattooed.
L.
Single-service or individual containers of dye or ink
shall be used for each patron, and the container therefor shall be discarded
immediately after completing work on a patron, and any dye in which the needles
were dipped shall not be used on another person. Excess dye or ink shall be
removed from the skin with an individual sterile sponge or a disposable paper
tissue which shall be used on only one person and then immediately discarded.
After completing work on any person, the tattooed area shall be washed with
sterile gauze, saturated with an antiseptic soap solution or a seventy-percent-alcohol
solution. The tattooed area shall be allowed to dry, and petroleum jelly from
a collapsible or plastic tube shall be applied, using sterile gauze. A sterile
gauze dressing shall then be fastened to the tattooed area with adhesive.
M.
All clean and ready-to-use needles and instruments shall
be kept in a closed glass or metal case or storage cabinet when not in use.
Such cabinets shall be maintained in a sanitary manner at all times.
N.
A steam sterilizer (autoclave) shall be provided for
sterilizing all needles and similar instruments before use on any patron.
Alternate sterilizing procedures may only be used when specifically approved
by the Code Enforcement Officer in writing. Sterilization of equipment shall
be accomplished in accordance with state regulations governing such matters
and at least by exposure to live steam for at least 30 minute at a minimum
pressure of 15 pounds per square inch at a temperature of 240° F. or 116°
C.
O.
The needles and instruments required to be sterilized
shall be so used, handled and temporarily placed during tattooing that they
will not be contaminated.
Each tattoo establishment shall maintain permanent records for each
patron. Before the tattooing operation begins, the patron shall be required
personally to enter on a record form provided for such establishments the
date, his or her name, his or her address, his or her age and his or her signature.
The records shall also provide that the patron has not had any jaundice, hepatitis
or AIDS and, if so, the date of such jaundice, hepatitis or AIDS. Such records
shall be maintained in the tattoo establishment and shall be available for
examination by the Code Enforcement Officer or his designated representative.
Such records shall be maintained by the tattoo establishment for a period
of not less than two years.
No patron having any skin infection or other disease of the skin or
any communicable disease whatsoever shall be tattooed. All infections resulting
from the practice of tattooing which become known to the tattoo establishment
shall promptly be reported to the Health Department by the operator of the
tattoo establishment, and the infected patron shall be referred immediately
to a physician.
All pigments, dyes, colors and any other material used in tattooing
shall be sterile and free from bacteria, virus particles and noxious agents
and substances, and the pigments, dyes and colors used from stock solutions
for each patron shall be placed in a single-service receptacle, and such receptacle
and remaining solution shall be discarded after use on each patron.
All bandages and surgical dressings used in connection with the tattooing
of a person shall be sterile.
All tattooing shall be done by or under the direct personal supervision
of a physician or osteopath.
No tattoo establishment shall permit any person under the age of 18
years to come or remain on the premises of any tattoo establishment, unless
such person is on the premises on lawful business.
It shall be unlawful for any operator or employee to tattoo any person
under the age of 18 years of age or any person under the influence of alcohol,
drugs or controlled dangerous substances.
No person shall sell, give, dispense, provide, keep or cause to be sold,
given, dispensed, provided or kept any alcoholic beverage on the premises
of any tattoo establishment.
Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $500 or imprisoned up to 180
days in jail, or both, for each offense, and for the purposes of this section,
a separate offense shall be deemed to be committed on each day during or person
on which a violation occurs or continues. All permit holders shall be liable
for all violations occurring on the permittee's premises. All supervising
physicians and osteopaths shall be liable for all violations occurring during
their supervision. All licensees shall be liable for all violations in which
licensees participated.
