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7.1 Patron age requirements and other age restrictions

7.1.1 No persons under the age of eighteen (18) shall be permitted to loiter in the tattoo area of the establishment, whether or not they are the children or wards of the Health Permit holder, responsible person, or any of the employees, operators, visiting artists, or patrons of the tattoo establishment.

7.1.2 Persons under the age of fourteen (14) shall not be permitted to enter the facility or have a tattoo applied in the tattoo establishment. Patrons between the ages of fourteen (14) and eighteen (18) are permitted in the tattoo area when receiving services in the presence of their legal parent or guardian or when they are legally emancipated by a court of competent jurisdiction and can provide documentation to that fact.

7.1.3 The tattoo establishment may set its own age restrictions regarding the presence of minors that are more stringent than those cited in these Regulations.

7.1.4 No person shall perform any tattoo procedure whatsoever upon a person under the age of fourteen (14) years, unless under the supervision of a medical professional. Tattoo procedures performed upon a person under the age of eighteen (18) years require the written consent and proper identification of a parent or guardian unless the person has been emancipated by a court of competent jurisdiction and can provide legal documentation stating this fact. Any tattoos performed on a minor must be done in the presence of a parent or guardian.

7.1.5 Nothing in this section is intended to require a tattoo operator to perform any tattoo on a person under eighteen (18) years of age, even with parental or guardian consent.

7.1.6 Age of all patrons must be verified by government-issued photographic identification and documented prior to the procedure being performed.

7.1.7 The government-issued photographic identification of all patrons twenty-one (21) years of age or younger must be photocopied and kept with the patron’s paperwork.

7.1.8 Government-issued photographic identification provided by the parent or guardian of a patron under the age of eighteen (18) must be photocopied and kept with the patron’s paperwork. A certified copy of a birth certificate, guardianship papers, or other document where both the adult and minor’s names are listed can be used to document the authenticity of the relationship.

7.2 Patron advisements

Before administering tattoos, the patron must be advised that the tattoo should be considered permanent; that it can only be removed with a surgical procedure; and that any effective removal may leave permanent scarring and disfigurement. A written cautionary notice to that effect, in a form approved by the Health Authority, must be furnished to the patron. The patron must sign a copy of the notice, indicating it was read and understood, which will then be placed in the patron’s records kept at the tattoo establishment.

7.3 Patron assessments

7.3.1 Tattoos may not be administered to any person under the influence of drugs or alcohol. The tattoo operator and tattoo establishment are charged with the responsibility of making reasonable observations and inquiries to determine that the patron is in fact sober, and not under the influence of intoxicating substances. If the tattoo operator has reasonable suspicion that a person is under the influence he may decline to apply a tattoo at that time.

7.3.2 The patron must be asked before the tattoo procedure whether he has had a history of jaundice or hepatitis within twelve (12) months preceding that date.

7.3.3 The tattoo operator may decline to perform a procedure on any would-be patron whom the tattoo operator suspects to have a communicable disease.

7.3.4 The skin surface to be tattooed must be visibly free of rash, pimples, infection or scar tissue. The patron must be in apparent good health, and the skin to be tattooed generally must be in a healthy condition to all appearances.

7.3.5 The tattoo operator may decline to perform a procedure on any patron at any time for any reason if he deems it likely that the procedure is not appropriate for that person at that time or if he deems that the patron is currently likely to bring harm to the tattoo operator, himself, or others within the tattoo establishment (e.g., they are in an agitated or belligerent state).

7.4 No food, beverage, or smoking in tattoo area

The patron and/or the tattoo operator must not bring food or drink into a tattoo area, and must not smoke during the tattoo procedure. An enclosed beverage such as bottled water may be provided to prevent dehydration if the procedure is lengthy.

7.5 Record keeping

7.5.1 The tattoo establishment must keep a permanent record of all patrons receiving tattoos, stating:

7.5.1.1 The patron’s name, age, and address;

7.5.1.2 The date of procedure,

7.5.1.3 The tattoo operator’s name,

7.5.1.4 The place on the patron’s body where the tattoo was applied, and

7.5.1.5 A reasonably accurate description of the design of the tattoo that is sufficient to identify it as the tattoo applied by that particular tattoo establishment and tattoo operator.

7.5.2 Such records shall be:

7.5.2.1 Kept at the physical location of the tattoo establishment unless written permission is granted otherwise by the Health Authority.

7.5.2.2 Maintained in an orderly manner, filed by month and year, to facilitate retrieval of records.

7.5.2.3 Retained for a minimum of two (2) years.

7.5.2.4 Made available to the Health Authority upon request.

7.6 Failure to comply

Failure to comply with the provisions of this Section may result in Tattoo Operator Health Card suspension, tattoo establishment Health Permit suspension and/or an administrative hearing.