TEXT OF LAW:
16-5-71.
(a) It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of
Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be
authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
16-12-5.
(a) As used in this Code section, the term "tattoo" means to mark or color the skin of any person by pricking in, inserting, or implanting pigments, except
when performed by a physician licensed as such pursuant to Chapter 34 of Title 43.
(b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person.
Any person who violates this Code section shall be guilty of a misdemeanor.
16-15-3.
As used in this chapter, the term:
(1) "Criminal street gang" means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which
engages in a pattern of criminal gang activity as defined in paragraph (2) of this Code section. The existence of such organization, association, or group of
individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other
distinguishing characteristics.
31-40-1.
As used in this chapter, the term:
(1) "Tattoo" means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin.
(2) "Tattoo artist" means any person who performs tattooing, except that the term tattoo artist shall not include in its meaning any physician or osteopath
licensed under Chapter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant
to subsection (a) of Code Section 16-5-71.
(3) "Tattoo studio" means any facility or building on a fixed foundation wherein a tattoo artist performs tattooing.
31-40-2.
It shall be unlawful for any person to operate a tattoo studio without having first obtained a valid permit for such studio. Such permits shall be issued by the county board of
health or its duly authorized representative, subject to supervision and direction by the Department of Human Resources but, where the county board of health is not
functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location.
31-40-3.
The county boards of health may suspend or revoke permits where the health and safety of the public requires such action. When, in the judgment of such board or its duly
authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or
holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such
application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall
specifically state the reasons why the application or permit has been suspended, revoked, or denied.
31-40-4.
Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew any permit provided under this chapter
may secure review thereof by appeal to the department as provided in Article 1 of Chapter 5 of this title.
31-40-5.
(a) The Department of Human Resources and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the
protection of the public health. Such rules and regulations shall prescribe reasonable standards for health and safety of tattoo studios with regard to:
(1) Location and cleanliness of facilities;
(2) Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all
personnel;
(3) Informed consent by the person receiving a tattoo;
(4) Procedures for ensuring adequate explanation to consumers of the proper subsequent care of a tattoo;
(5) Proper use and maintenance of tattoo equipment, including dyes and pigments.
(b) County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by
the department.
31-40-6.
The Department of Human Resources and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this
chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tattoo studio at
any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
31-40-7.
Any person, firm, or corporation operating a tattoo studio without a valid permit or performing tattooing outside of a licensed tattoo studio shall be guilty of a misdemeanor.
31-40-8.
The Department of Human Resources is authorized and directed to develop and institute a program of public education for the purpose of alerting the public to the possible
side effects and exposure risks of tattooing.
31-40-9.
Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing tattooing.
38-2-460.
Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by any court-martial or inflicted
upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
48-13-9.
(a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government
customarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health,
safety, or welfare or in the course of enforcing a state or local building, health, or safety code, but no local government is authorized to use regulatory fees as
a means of raising revenue for general purposes; provided that the amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory
activity performed by the local government.
(b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are
expressly not limited to, the following: Tattoo artists;
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