State Of Utah
Utah Statutes
TITLE 76 UTAH CRIMINAL CODE
CHAPTER 10 OFFENSES AGAINST PUBLIC HEALTH, SAFETY, WELFARE AND MORALS
PART 22 PUBLIC HEALTHY OFFENSES
76-10-2201. Unlawful body piercing and tattooing of a minor.
(1) As used in this section:
(a) "Body piercing" means the creation of an opening in the body,
excluding the ear, for the purpose of inserting jewelry or other
decoration.
(b) "Consent of a minor's parent or legal guardian" means the presence
of a parent or legal guardian during the performance of body piercing
or tattooing upon the minor after the parent or legal guardian has
provided reasonable proof of personal identity and familial
relationship.
(c) "Minor" means a person younger than 18 years of age who:
(i) is not married; and
(ii) has not been declared emancipated by a court of law.
(d) "Personal identification number" means the number of an apparently
valid driver's license or other picture identification card that
expressly states that the person is 18 years of age or older.
(e) "Tattoo" means to fix an indelible mark or figure upon the body
by inserting a pigment under the skin or by producing scars.
(2) A person is guilty of unlawful body piercing of a minor if he
performs or offers to perform a body piercing:
(a) upon a minor;
(b) without receiving the consent of the minor's parent or legal
guardian; and
(c) for remuneration or in the course of a business or profession.
(3) A person is guilty of unlawful tattooing of a minor if he
performs or offers to perform a tattooing:
(a) upon a minor;
(b) without receiving the consent of the minor's parent or legal
guardian;
(c) for remuneration or in the course of a business or profession.
(4) A person is not guilty of Subsection (2) or (3) if the person:
(a) had no actual knowledge of the minor's age; and
(b) reviewed, recorded, and has maintained a personal identification
number for the minor prior to performing an unlawful body piercing or
unlawful tattooing.
(5) (a) A person who violates Subsection (2) or (3) is guilty of a
class C misdemeanor.
(b) The owner or operator of a business in which a violation of
Subsection (2) or (3) occurs is subject to a civil penalty of $750 for
each violation.
76-10-2201. Unlawful body piercing and tattooing
of a minor.
(1) As used in
this section:
(a) "Body piercing"
means the creation of an opening in the body, excluding the ear, for the
purpose of inserting jewelry or other decoration.
(b) "Consent of a
minor's parent or legal guardian" means the presence of a parent or legal
guardian during the performance of body piercing or
tattooing
upon the minor after the parent or legal guardian has provided reasonable
proof of personal identity and familial relationship.
(c) "Minor" means a
person younger than 18 years of age who:
(i) is not married;
and
(ii) has not been
declared emancipated by a court of law.
(d) "Personal
identification number" means the number of an apparently valid driver's
license or other picture identification card that expressly states that the
person is 18 years of age or older.
(e) "Tattoo" means
to fix an indelible mark or figure upon the body by inserting a pigment
under the skin or by producing scars.
(2) A person is
guilty of unlawful body piercing of a minor if he performs or offers to
perform a body piercing:
(a) upon a minor;
(b) without
receiving the consent of the minor's parent or legal guardian; and
(c) for
remuneration or in the course of a business or profession.
(3) A person is
guilty of unlawful
tattooing of a minor if he performs or offers to perform a
tattooing:
(a) upon a minor;
(b) without
receiving the consent of the minor's parent or legal guardian;
(c) for
remuneration or in the course of a business or profession.
(4) A person is
not guilty of Subsection (2) or (3) if the person:
(a) had no actual
knowledge of the minor's age; and
(b) reviewed,
recorded, and has maintained a personal identification number for the minor
prior to performing an unlawful body piercing or unlawful
tattooing.
(5) (a) A person
who violates Subsection (2) or (3) is guilty of a class C misdemeanor.
(b) The owner or
operator of a business in which a violation of Subsection (2) or (3) occurs
is subject to a civil penalty of $750 for each violation.
History: C.
1953, 76-10-2201, enacted by L. 1998, ch. 296, § 1.
Section 1. Section
76-10-2201
is enacted to read:
Part 22. Public Health Offenses
76-10-2201.
Unlawful body piercing and tattooing of a minor.
(1) As used in this section:
(a) "Body piercing" means the
creation of an opening in the body, excluding the ear, for
the purpose of inserting jewelry or other
decoration.
(b) "Consent of a minor's parent or
legal guardian" means the presence of a parent or legal
guardian during the performance of body piercing
or tattooing upon the minor after the parent or
legal guardian has provided reasonable proof of
personal identity and familial relationship.
(c) "Minor" means a person
younger than 18 years of age who:
(i) is not married; and
(ii) has not been declared emancipated by
a court of law.
(d) "Personal identification
number" means the number of an apparently valid driver's
license or other picture identification card
that expressly states that the person is 18 years of age
or older.
(e) "Tattoo" means to fix an indelible mark or figure upon the body by
inserting a pigment
under the skin or by
producing scars.
(2) A
person is guilty of unlawful body piercing of a minor if he performs or offers
to
perform a body piercing:
(a) upon a minor;
(b) without receiving the consent of the
minor's parent or legal guardian; and
(c) for remuneration or in the course of a
business or profession.
(3) A person is guilty of unlawful
tattooing of a minor if he performs or offers to perform
a tattooing:
(a) upon a minor;
(b) without receiving the consent of the
minor's parent or legal guardian;
(c) for remuneration or in the course of a
business or profession.
(4) A person is not guilty of Subsection
(2) or (3) if the person:
(a) had no actual knowledge of the minor's
age; and
(b) reviewed, recorded, and has maintained
a personal identification number for the minor
prior to performing an unlawful body piercing or
unlawful tattooing.
(5) (a) A person who violates Subsection
(2) or (3) is guilty of a class C misdemeanor.
(b) The owner or operator of a business in
which a violation of Subsection (2) or (3) occurs
is subject to a civil penalty of $750 for each
violation.
HEALTH REGULATION #10
TATTOO ESTABLISHMENTS
Adopted by the
Tooele County Board of Health
May 15, 1998
Under Authority of Section 26A-1-121
Utah Code Annotated, 1953, as amended
TOOELE COUNTY HEALTH DEPARTMENT
TATTOO ESTABLISHMENTS
REGULATION
Adopted by the Tooele County Health
Department
Under Authority of Section 26-24-20
Utah Code Annotated, 1953
CERTIFIED OFFICIAL COPY
TOOELE COUNTY HEALTH DEPARTMENT
By___________________________________
Director
iii
HEALTH REGULATIONS TATTOO ESTABLISHMENTS
Page
1.0 Definitions
................................................ 1
2.0 Purpose
.................................................. 2
3.0 Jurisdiction of the Department
................................. 2
4.0 Powers and Duties
.......................................... 2
5.0 Scope
................................................... 3
6.0 Condemning or Closing a Tattoo
Establishment .................... 3
7.0 Permits Required
........................................... 4
8.0 Plans Required
............................................ 6
9.0 Construction and Operation
Requirements ........................ 8
10.0 Notice
................................................. 14
11.0 Enforcement
............................................ 15
12.0 Right to Appeal
.......................................... 16
13.0 Penalty
................................................ 16
14.0 Severability
............................................. 17
15.0 Effective Date
........................................... 171
REGULATION No. 86-4
A REGULATION FOR TATTOO ESTABLISHMENTS
WITHIN TOOELE COUNTY AND ESTABLISHING AN INSPECTION FEE
AND PROVIDING A PENALTY
1.0 DEFINITIONS
For the purpose of these regulations
and unless otherwise defined in other sections of these regulations the
following terms, phrases and words shall have the meaning herein expressed.
1.1 Department: The Tooele County
Health Department. (Amended 95-5,
5/19/95)
1.2 Director: The Director of the
Tooele County Health Department or his authorized representative.
(Amended 95-5, 5/19/95)
1.3 Nuisance: Unlawfully doing any act
which either annoys, injures or endangers the comfort, repose, health
or safety of any person, or that renders a person insecure in life
or the use of property.
1.4 Operator: Any person responsible
for management or operation of a tattoo establishment or any employee
or person performing tattooing.
1.5 Owner: Any person who alone or
jointly or severally.
a. Has legal title to any premises,
tattoo establishment dwelling or dwelling unit, with or
without accompanying actual possession thereof.
b. Has charge, care, or control of any
premises, tattoo establishments, dwelling or dwelling
unit,
2 as legal or equitable owner, lessee, or
is an executor, executrix, administrator, administratix, trustee,
or guardian of the estate of the owner.
1.6 Person: Any individual, public or
private corporation and its officers, partnership, association,
firm, trustee, executor of an estate, the state or its departments,
institution, bureau, agency, county, city, political subdivision, or
any legal entity recognized by law.
1.7 Tattoo: A permanent mark or design
made on or under the skin by, a process of pricking or ingraining an
indelible pigment, dye or ink in the skin.
1.8 Tattoo Establishment: Any location,
place, area, structure, or business used for the practice of
tattooing or the instruction of tattooing.
2.0 PURPOSE
It is the purpose of these regulations
to regulate tattoo establishments,
tattooing, skin illustration, and
instruction in tattooing or skin illustrating, in
a manner that will protect the public
health, safety and welfare; prevent the
spread of disease; and prevent the
creation of a nuisance within Tooele
County.
3.0 JURISDICTION OF THE DEPARTMENT
All tattooing enumerated in Section 2.0
shall be subject to the direction and
control of the Department.
4.0 POWERS AND DUTIES
The Department, by the Director, shall
be responsible for the administration
of these regulations and any other
powers vested in it by law and shall:
3
4.1 Require the submission of plans and
specifications for tattoo
establishments as necessary to
implement the provisions of these
regulations.
4.2 Issue such permits and charge such
permit fees as necessary to
implement the provisions, requirements,
and standards of these
regulations.
4.3 Make inspections of any tattoo
establishment and issue orders
necessary to effect the purposes of
these regulations.
4.4 Take samples and make analysis or
tests of pigments, dyes or inks,
instruments, or equipment or require
the sampling, analysis or
testing of the same.
4.5 Do any and all acts permitted by
law that are necessary for the
successful enforcement of these
regulations.
5.0 SCOPE
5.1 It shall be unlawful for any person
not to comply with any rule or
regulation promulgated by the
Department, unless expressly waived
by these rules and regulations.
5.2 These regulations do not apply to
any establishment under control
and direction of a duly licensed
medical doctor, nor do they apply
to licensed hospitals or similarly
licensed institutions.
6.0 CONDEMNING OR CLOSING A TATTOO
ESTABLISHMENT
6.1 Any tattoo establishment that fails
to meet the requirements of these
regulations, and has been found to be a
threat to the public health,
safety, or welfare may be condemned and
closed by the Department
and designated by a placard posted in a
conspicuous place.
6.2 The Department shall give notice in
writing to the owner or operator
of the tattoo establishment condemned
and closed.
4
6.3 No owner or operator whose tattoo
establishment has been
condemned, closed, and placarded shall
tattoo any person or
instruct any person in tattooing until
written approval is received
from the Department. The Department
shall remove the placard
whenever the violation(s) upon which
condemnation, closing, and
placarding were based has been
remedied.
6.4 No person shall deface or remove a
placard from any tattoo
establishment that has been condemned
and closed by the
Department.
6.5 Any owner or operator affected by
the condemning, closing, and
placarding of a tattoo establishment
may request and be granted a
hearing as provided in Section 12.0.
7.0 PERMITS
7.1 Department approval and permits
required.
No person shall operate a tattoo
establishment without approval and
corresponding valid permit from the
Department.
7.2 Application requirements for
approval and permit.
a. Application for approval for
construction of a tattoo
establishment or a permit for operating
a tattoo
establishment shall be in writing
setting for the plans,
specifications, and reports as required
in the applicable
sections of these regulations. The
Department may
prescribe the form on which the
information required
under these regulations shall be
submitted. Application
shall be made within the following time
periods:
(1) For approval for construction of a
new tattoo
establishment, at least 30 calendar
days prior to
the start of construction.
5
(2) For a permit to operate a new
tattoo
establishment prior to commencement of
operation of the tattoo establishment.
(3) For a permit to operate an existing
tattoo
establishment, no later than 90
calendar days
after the effective date of these
regulations.
b. Upon approval of the permit
application, the Department
shall issue a permit. Such permit shall
expire on January 1
of each year following issuance and be
renewable within
60 calendar days prior to the
expiration date.
7.3 Permit fees
Each tattoo establishment shall submit
a fee, as set by the Tooele
County Board of Health, with
application for each permitting period
(January 1 st to December 31 st
). If the permit fee and application
have not been received by the 31
st of December, a late fee of $50.00
will be assessed.
7.4 Permits non-transferable.
No permit shall be transferable from
one person to another or from
one tattoo establishment to another.
7.5 Denial, suspension or revocation of
approval or permit.
a. Causes: Construction approval or any
permit issued
pursuant to these regulations may be
denied, suspended,
or revoked by the Director for any of
the following
reasons:
(1) Failure of the reports, plans, or
specifications to
show that the tattoo establishment will
be
constructed, operated, or maintained in
accordance with the requirements and
standards
of these rules and regulations adopted
by the
Department.
6
(2) Submission of incorrect or false
information in
the application, reports, plans, or
specifications.
(3) Failure to construct, operate, or
maintain the
tattoo establishment in accordance with
the
application, reports, plans, and
specifications
approved by the Department.
(4) Operation of the tattoo
establishment in a way
that causes or creates a nuisance or
hazard to the
public health, safety, or welfare.
(5) Violation of any rules and
regulations,
restrictions, or requirements adopted
by the
Department.
(6) Violation of any condition upon
which the permit
was issued.
(7) Failure to pay the permit fee.
(8) Failure of the owner or operator of
a tattoo
establishment to permit or allow the
Department
to conduct inspections to determine
compliance
with these regulations.
b. Hearing: If any permit is denied,
suspended, or revoked,
the applicant may request a hearing
within 10 calendar
days of such action. The hearing shall
be held before the
Director within 10 calendar days after
the request. Within
10 calendar days after the hearing, the
Department shall
send written notice to all parties of
the decision of the
Director and the reasons therefor.
8.0 PLANS REQUIRED
7
8.1 Construction and operation of a
tattoo establishment shall not be
initiated before plans and
specifications have been approved by the
Department, and no significant
modification shall be made in any
tattoo establishment or the operation
of the establishment without
the approval of the Department.
8.2 Plans and specifications shall be
submitted to the Department for
review and approval. The plans and
specifications shall include the
following:
a. The name and location of the tattoo
establishment.
b. The name of the owner and
information in the application,
reports, plans, or specifications;
operator and their current
home addresses and telephone numbers;
c. The number of employees at the
tattoo establishment.
d. The hours of operation of the tattoo
establishment.
e. The square footage of the tattooing
area and general floor
plan of the tattoo establishment.
f. The equipment, instruments, and
materials that will be
used.
g. The tattooing procedures to be used.
h. The sterilization procedures to be
used.
i. The name, content and source of
pigments, dyes and inks.
j. The location and availability of
toilet and hand washing
facilities.
8
k. Any other information specifically
requested by the
Department to ensure compliance with
these regulations.
9.0 CONSTRUCTION AND OPERATION
REQUIREMENTS
Unless otherwise ordered or approved by
the Department, each tattoo
establishment shall be constructed,
operated, and maintained to meet the
following minimum requirements:
9.1 Physical facilities
a. The walls, floors and ceiling shall
have an impervious,
smooth, and sanitizable surface and
shall be clean and in
good repair.
b. The tattoo establishment shall be
equipped with hot and
cold running water, properly installed
in compliance with
applicable law. Toilet facilities shall
be easily accessible to
the tattooing area at all times that
the tattoo establishment
is open for business. Handwashing
facilities shall be
located close to toilet facilities and
easily accessible to the
tattooing area, and shall be supplied
with hot and cold
running water, soap, and sanitary
towels. The use of
common towels is prohibited.
c. All tables and chairs shall be
constructed of easily
cleanable material and of a smooth,
sanitizable finish. All
tables and chairs shall be clean and in
good repair.
d. The tattooing area shall be
separated from waiting
customers or observers by a wall or at
least a panel of no
less than four feet (1.3 meters) in
height.
9
e. The room where tattooing is
performed shall be lighted to
provide at least 30 foot-candles of
illumination. Other
rooms of the tattoo establishment shall
be lighted
sufficiently to allow proper cleaning
and sanitizing, at least
20 foot-candles of illumination.
f. No owner or operator shall use a
tattoo establishment for
housing, sheltering, or harboring or
cause or permit the
same to be used as living or sleeping
quarters by
employees or other persons.
9.2 Linen requirements.
All linen used in a tattoo
establishment, including linen used for a
supine table or knee padding, shall be
clean and sanitary for each
new person to be tattooed. Linen shall
be kept in a closed, airtight
container with a constant supply of
formaldehyde or other active
sanitizing agent.
9.3 Equipment and instruments.
a. Only sterilized single-service
safety razors shall be used to
shave the skin of each individual in
preparation for
tattooing. Each razor shall be
discarded into a covered
waste container immediately after use.
b. All absorbent products used for
drying the skin after
disinfecting or scrubbing the skin
prior to tattooing or
during application of dyes or inks
shall be clean and
sanitary single-service products and
discarded immediately
after use into a covered waste
container immediately after
use.
c. All needles and instruments used for
tattooing shall be
sterile. All ready-to-use needles and
instruments shall be
kept in a closed glass or metal case or
cabinet while not in
10
use. The case or cabinet shall be
easily cleanable,
maintained in good repair, and shall be
sanitary at all times.
d. Before each use, all stencils to be
used in tattooing shall be
disinfected by the use of an antiseptic
solution approved
by the Director. When not in use, the
stencils shall be
stored in a case or cabinet that is
easily cleaned and kept
in a clean and sanitary condition at
all times.
e. All instruments, excluding plastic
stencils, to be used in
tattooing shall be wrapped in surgical
linen wrappers
approved by the Director and shall be
sterilized by moist
heat in an autoclave for at least 30
minutes at a pressure of
15 pounds per square inch at a
temperature of 240 F (116
C) before each use, or 15 minutes at a
pressure of 20
pounds at a temperature of 250 F (121
C). The owner or
operator of the tattoo establishment
shall not use or allow
the use of needles or instruments for
tattooing on different
individuals without first sterilizing
the needles and
instruments in accordance with this
Section. Any other
method of sterilization shall be
approved by the Director.
f. The autoclave or other method of
sterilization approved by
the Director shall be maintained in
good operating
condition and shall be tested at least
every 30 days to
verify proper sterilization. The Kilit
Ampule sterilization
test or other tests approved by the
Director shall be used.
The results of the sterilization test
shall be made available
to the Department upon request. The
autoclave or other
sterilization method shall be subject
to periodic and routine
inspection by the Department.
g. The needles and instruments required
to be sterilized shall
be used, handled and temporarily placed
during tattooing
in a way that they are not
contaminated.
11
9.4 Pigments, dyes, and inks.
a. Only single-service or individual
containers of pigments,
dyes, or inks shall be used for each
individual to be
tattooed and the container shall be
discarded immediately
after completing work on the
individual. Any pigment,
dye, or ink in which a needle(s) has
been dipped shall not
be used on another individual.
b. Only sterile pigments, dyes, or inks
shall be used in any
tattoo establishment.
9.5 Operators and personnel.
a. Prior to operating or being employed
in a tattoo
establishment a person shall
demonstrate to the
Department that he has the
qualifications and knowledge
required for operation of a tattoo
establishment or
applying tattoos or both.
b. Students studying tattooing shall be
registered with each
establishment operator under whom they
study. Each
student while in the tattoo
establishment and while
practicing tattooing shall be under the
direct supervision of
the operator at all times and shall
follow the requirements
of these regulations.
c. It shall be the responsibility of
the tattoo establishment
owner or operator who has employees or
students to
verify that all health regulations are
observed at all times by
his employees and students and by
others entering onto
the premises of the tattoo
establishment.
d. No person, while affected with any
disease in a
communicable form or while afflicted
with boils, infected
wounds, sores, or an acute respiratory
infection, shall
12
work in any area where tattooing is
practiced if there is a
likelihood of such person contaminating
tattooing
equipment with pathogenic organisms or
transmitting
disease to other individuals; and no
person known or
suspected of being affected with any
such disease or
condition shall be employed in any such
area or capacity.
If the owner or operator of the tattoo
establishment has
reason to believe that he or an
employee has contracted
any disease in a communicable form,
excluding colds, or
has become a carrier of such disease,
the operator shall
notify the Director immediately.
e. In addition to the requirement of
Section 0.69a), the
operator shall wash his hands during
working hours as
often as is necessary to remove soil
and contamination
and shall thoroughly wash his hands
after using the toilet,
smoking, or eating.
f. The clothing of all persons engaged
in tattooing and
tattooing instruments and equipment
shall be maintained
clean and sanitary.
g. The operator shall not use tobacco
in any form while
engaged in tattooing, while
sterilizing, or handling
equipment or instruments, or while in
the tattooing area.
h. The operator shall maintain a high
degree of personal
cleanliness and shall conform to good
hygienic practices
during all business hours.
i. The owner(s) or operator(s) of a
tattoo establishment shall
notify the Department in writing of any
change in their
name(s), address(es) or telephone
number(s) or such
changes of their employee(s).
9.6 Tattooing procedures
13
a. The operator shall wash his hands
thoroughly with soap
and hot water before starting to
tattoo. The hands shall be
dried with individual, single-use
towels or other method
approved by the Department.
b. The area to be tattooed shall first
be thoroughly washed
with an antiseptic soap. A sterile,
single-use sponge shall
be used to scrub the area. After
shaving and before
tattooing is begun a second
disinfection procedure using
an antiseptic solution shall be applied
to the area with a
single-use sponge and immediately
discarded in covered
container.
c. Excess dye or ink shall be removed
from the skin with a
sterile, single-service sponge or
tissue paper that is used
only once and then immediately
discarded into a covered
container. After completing work on any
person, the
operator shall wash the tattooed area
with sterile gauze
saturated with an antiseptic soap
solution approved by the
Department, or a 70% isopropyl alcohol
solution.
d. The tattooed area shall be allowed
to dry and petroleum
jelly or antibacterial ointment from a
collapsible metal or
plastic tube shall be applied, using
sterile gauze. A sterile
dressing shall then be fastened with
adhesive to the
tattooed area.
e. The owner or operator of a tattoo
establishment shall
provide each person tattooed a printed
list of instructions
explaining the proper care of the skin
at the tattoo site for
the first few days after tattooing.
9.7 Prohibited tattooing procedures
14
a. No tattooing shall be done on skin
surfaces that have any
rash, pimple, boil, infection or
manifest evidence of any
other unhealthy conditions.
b. No local antiseptic or spray for the
purpose of deadening
the skin to pain shall be used without
the approval of the
Director.
c. No procedures shall be used that are
accepted by state law
as within the exclusive jurisdiction of
physicians and other
licensed medical personnel.
d. No styptic pencils, alum blocks, or
other solid styptics
shall be used to stop the flow of
blood.
9.8 Records to be kept
Permanent records of each person
tattooed shall be maintained by
the tattoo establishment owner or
operator and shall be readily
available for inspection by the
Department. Before the tattooing
operation begins, the person to be
tattooed shall personally enter on
a record or form provided or approved
by the Department the
following information:
a. The date of tattooing.
b. His name, address, telephone number,
and age.
c. His serial number, if he is a member
of the armed forces.
d. If he has had within the past year
an infectious or
communicable disease, such as, but not
necessarily limited
to, jaundice or hepatitis and listing
the name of such
diseases he has had.
e. His signature.
15
9.9 Infections
Any infection or bodily injury
resulting from the practice of
tattooing that becomes known to the
tattoo establishment owner or
operator shall give notice of the same
to the Department and the
person infected shall be referred by
the tattoo establishment owner
or operator to a physician.
10.0 Notice
10.1 Department to notify owners or
others of violations.
If the Department has inspected any
tattoo establishment and has
found and determined that the tattoo
establishment is in violation of
these regulations or has reasonable
grounds to believe that there has
been a violation of any part of these
regulations, he shall give notice
of the violation(s) to the owner(s) or
other responsible person(s)
thereof.
10.2 Department to issue written notice
of violation(s).
Prior to initiating a court complaint
for the violation of these rules
and regulations, the Department shall
issue a notice pursuant to
Section 10.1 and shall:
a. describe the property.
b. give a statement of the cause of its
issuance.
c. set forth an outline of the remedial
action that complies
with the provisions of these
regulations.
d. set a reasonable time for the
performance of any required
remedial act.
10.3 Department to serve notice.
16
The Department shall serve notice upon
the owner(s) of the tattoo
establishment or other responsible
person(s) pursuant to Section
10.1 and 10.2 of these rules and
regulations. Service shall be
deemed complete if the notice is served
in one of the following
ways:
a. served in person.
b. sent by certified mail to the last
known address of the
owner(s) or other responsible person(s).
c. published in a newspaper of general
circulation.
11.0 Enforcement
11.1 Department to ensure compliance.
It shall be the duty of the Department
upon the presentation of
proper credentials, to make inspections
of any property where the
tattoo establishment is located or will
be located as is necessary to
ensure compliance with these
regulations.
11.2 Inspection made with consent.
Departmental inspections may be made
with the consent of any
tattoo owner(s) or other responsible
person(s). If consent is not
granted, a search may be made pursuant
to an administrative search
warrant issued by a court of competent
jurisdiction.
11.3 Owners may request a factual
report of inspections. Upon request,
the owner(s) or other responsible
person(s) of any tattoo
establishment shall give a report
setting forth all facts found that
relate to his compliance status.
12.0 Right to appeal
17
Within 10 calendar days after the
Department has given a notice of
violation(s), any person(s) aggrieved
by the notice may request in writing a
hearing before the Director. The
hearing shall take place within 10 calendar
days after the request. A written
notice of the Director's final determination
shall be given within 10 calendar days
after adjournment of the hearing. The
Director may sustain, modify, or
reverse the action or order.
13.0 Penalty
13.1 Any person who is found guilty of
violating any of the provisions
of these rules and regulations, wither
by failing to do those acts
required herein or by doing a
prohibited act, is guilty of a class B
misdemeanor pursuant to Section
26-24-22, Utah Code Annotated,
1953, as amended. If a person is found
guilty of a subsequent
similar violation within two years, he
is guilty of a class A
misdemeanor pursuant to Section
26-24-22, Utah Code Annotated,
1953, as amended.
13.2 Each day such violation is
committed or permitted to continue shall
constitute a separate violation.
13.3 The city attorney, or if
appropriate the County Attorney, may initiate
legal action, civil or criminal,
requested by the Department to abate
any condition that exists in violation
of these rules and regulations.
13.4 In addition to other penalties
imposed by a court of competent
jurisdiction, any person(s) found
guilty of violating any of these
rules and regulations shall be liable
for all expenses incurred by the
Department in removing or abating any
nuisance, source of filth,
cause of sickness or infection, health
hazard, or sanitation violation.
14.0 Severability
If any provision, clause, sentence, or
paragraph of these rules and regulations
or the application thereof to any
person or circumstances shall be held to be
invalid, such invalidity shall not
affect the other provisions or applications of
18
these rules and regulations. The valid
part of any clause, sentence, or para-graph
of these regulations shall be given
independence from the invalid
provisions or application and to this
end the provisions of these regulations
are hereby declared to be severable.
15.0 Effective Date
These rules and regulations shall
become effective 15 days after their
enactment by the Tooele County Board of
Health.
IN WITNESS WHEREOF, the Board of Health
of Tooele County has passed,
approved and adopted this
regulation the 15 th day of May 1998.
BOARD OF HEALTH
OF TOOELE COUNTY
ATTEST:
_________________________
_____________________________
Myron E. Bateman, Director Colleen
Oliver, Chairperson
Tooele County Health Department Tooele
County Board of Health
Council Member Siebach asked if the number of dance clubs, dance halls, pawn
shops, and
tattoo
parlors could be restricted to one per ten thousand instead of one per five
thousand.
CITY OF SOUTH SALT LAKE
CITY COUNCIL MEETING
COUNCIL MEETING Wednesday, July 28, 1999 7:00 p.m.
Craig Hall stated that the number of pawn shops and
tattoo
parlors could be restricted but he would need to research information on the
others before restricting them further.
Council Member Siebach moved to place this item on Unfinished Business for
the next regular City Council meeting.
MOTION: Judy Siebach
SECOND: Douglas Moffat
Motion carried with six "aye" votes. Council Member Watts was
excused.
UNFINISHED COUNCIL BUSINESS
1. Proposed Changes to Zoning Ordinances and Zoning Map, primarily
involving eliminating some zones no longer necessary or not in use from the
ordinances, making some changes to the regulations of nonresidential districts,
adding a design review and approval process, and changing and shifting of some
uses in non-residential zones from permitted to conditional requirements.
Bruce Talbot explained the changes in the proposed ordinance since the last
meeting. He stated that he could not find statistical data to support further
restriction of dance halls,
tattoo
parlors, or pawn shops. The current restrictions will remain. He also explained
that sexually oriented businesses will be allowed only as a conditional use in
the Light Industrial Zone, rather than in a commercial zone.
Council Member Siebach asked if the distance restrictions for sexually
oriented businesses would be redefined as a conditional use or if the current
distances would remain in force.
Mr. Talbot explained that the distance requirements will remain the same.
Each business will be required to meet all of the existing regulations prior to
obtaining a conditional use permit.
Council Member Siebach moved to adopt the proposed changes to the zoning
ordinances and zoning map, primarily involving eliminating some zones no longer
necessary or not in use from the ordinances, making some changes to the
regulations of nonresidential districts, adding a design review and approval
process, and changing and shifting some uses in non-residential zones from
permitted to conditional requirements.
MOTION: Judy Siebach
SECOND: Boyd L. Marshall
Roll call vote:
Gray Aye
Loock Aye
Losser Aye
Marshall Aye
Moffat Aye
Siebach Aye
Watts Aye
