Chapter 5.40
TATTOO PARLORS
Sections:
5.40.020 Regulation of tattoo parlors.
5.40.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Administer” means any creation, modification, extension, repair or touch-up of a tattoo.
“Person” means any individual, firm, association, partnership or other business entity of whatever form or character.
“Tattoo” means the insertion of permanent or indelible color or pigment in the skin by puncturing or entering through the outer layer of skin, whether or not it is solely for artistic purposes or otherwise. [Ord. 1758 § 1, 2021].
5.40.020 Regulation of tattoo parlors.
(A) It shall be unlawful for any person to engage in or carry out the business of administering a tattoo to any other person, for or without consideration, without first obtaining a business license under the provisions of Chapter 5.05 HMC.
(B) It shall be unlawful for any person to own, operate or manage an establishment which knowingly employs or uses a person who is or has violated any subsection herein.
(C) Subject to subsection (E) of this section, in the case of a person lawfully administering tattoos under this chapter, that person shall be regulated to the extent of the powers and duties of the Indiana Department of Health and Rule 5 of Title 410, Article 1 of the Indiana Administrative Code as well as such other laws, rules or regulations as may be issued by a lawful regulatory or statutory authority to the extent those statutes, rules and regulations do not conflict with the letter and intent of the town’s municipal code, the latter of which shall be enforced by the appropriate town authorities.
(D) In the case of a person lawfully administering tattoos under this chapter, that person shall not administer a tattoo to a person who is under the age of 18 years.
(E) Any building utilized to administer tattoos in violation of this chapter, with the actual or constructed knowledge of the owner or manager thereof, or after notice from the town, together with all fixtures and other property used in conjunction with the operation of said building, are hereby declared to be a public nuisance and are subject to prosecution and enforcement by the town to the full extent of the law provided. [Ord. 1758 § 1, 2021].
Penalty, see HMC 5.40.030.
5.40.030 Penalty.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter including the failure to obtain a business license, may be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060(B). Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(B) If such persons, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(C) In addition to satisfying any fine lawfully imposed under this chapter, the violator may also be made to pay the proper fee in order to comply with the provisions regarding operating with a proper business license. [Ord. 1758 § 1, 2021].