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DIVISION 1. - GENERALLY#
Sec. 13-221. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Tattooing means the practice of marking the skin with indelible patterns or pictures by making punctures and inserting pigments. This includes cosmetic procedures commonly referred to as the application of permanent makeup, such as eye lining, lip lining, microblading, or repigmentation, as defined by the regulation promulgated by the Rhode Island Department of Health regarding tattoo artists and tattoo parlors, 216-RICR-40-10-15.
(Ord. No. 1996-06, § 1, 3-3-96; Ord. No. 2021-07, 6-16-21)
Cross reference— Definitions generally, § 1-2.
Sec. 13-222. - Regulations.#
Notwithstanding the holding of a license, the following prohibitions and restrictions shall apply to all tattooing in the town: (1)
Intoxicated condition of customer. No person while under the influence of intoxicating liquor or narcotic shall be tattooed.
(2)
Age of customer. No person under 18 years of age shall be tattooed, and the licensee shall require proof of age at all instances.
(3)
Recordkeeping. A record shall be kept of all persons tattooed, giving the design of tattoo, the name, address and date of birth. This record shall at all times be available for inspection by the police.
(4)
Operating hours. No licensee shall operate between the hours of 11:00 p.m. and 7:00 a.m.
(Ord. No. 1996-06, § 6, 3-3-96; Ord. No. 2003-01, 2-19-03)
Sec. 13-223. - Limitation on licenses.#
No more than four licenses shall be issued pursuant to this article, two of which shall be reserved specifically for the application of permanent makeup.
(Ord. No. 2000-06, 3-29-00; Ord. No. 2021-07, 6-16-21)
Secs. 13-224—13-245. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 13-246. - Required.#
(a)
No person shall tattoo another, or offer to tattoo another, or operate or conduct a tattooing establishment of any sort within the town without first obtaining a license in accordance with the provisions of this article. The license required by this article shall be issued by the council.
(b)
Each application for a license under this article shall be made out in triplicate, one copy for the town clerk, one copy being referred to the chief of police and the other copy to the public health authority having jurisdiction. No license shall be issued to any applicant unless his application is approved by the chief of police and by the public health authority.
(Ord. No. 1996-06, § 2, 3-3-96)
Sec. 13-247. - Application.#
Applicants for a license under this article shall file with the town clerk a written, sworn application, signed by the applicant, giving the following information: (1)
Name and address of the applicant (both domiciliary and local), address, age, date and place of birth.
(2)
The names and addresses of all partners, if a partnership; and the names and addresses of all officers and stockholders, if a corporation.
(3)
A complete list of all prior convictions, if any, whether felonies or misdemeanors, of the applicant and all persons having any interest in the business of the applicant.
(4)
The location where the applicant proposes to conduct his tattooing business, and the proposed hours of operation.
(5)
The applicant shall file with his application a statement by a physician, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infections, contagious or communicable disease.
(6)
Such other information as may be reasonably required by the council to enable it to determine whether or not the license applied for should be granted.
(Ord. No. 1996-06, § 3, 3-3-96)
Sec. 13-248. - Investigation.#
(a)
The chief of police shall make such investigation as may be necessary to ascertain any prior convictions.
(b)
The public health authority to which the application is referred shall be requested to inspect the applicant's proposed place of business to determine if there is a supply of alcohol and adequate means for sterilization of equipment; that all equipment and materials used are such as to provide protection for the health and safety of persons tattooed; that all applicable provisions of state law and rules and regulations promulgated pursuant to state law are complied with; and to report to the town clerk as soon as practicable its findings and recommendations.
(c)
A zoning certificate signed by the zoning enforcement officer shall be supplied to the town clerk indicating that the location is properly zoned.
(Ord. No. 1996-06, § 4, 3-3-96)
Sec. 13-249. - Fee; expiration date; posting.#
(a)
Every applicant for a license under this article, before being granted a license, shall pay an annual license fee of $100.00 to the town clerk. Each license shall expire one year from the date of issuance.
(b)
Each license provided for in this division shall be posted conspicuously at the location where the applicant intends to conduct his tattooing.
(Ord. No. 1996-06, § 5, 3-3-96)
Sec. 13-250. - Revocation.#
Every license issued under this article is subject to the right, which is hereby expressly reserved, to revoke the license for any fraud, misrepresentation or false statement contained in the application for license, conviction of any crime or misdemeanor involving moral turpitude, any violation of this article, or failure to comply with any regulations or order issued by the state department of health. The applicant shall, if he desires, have the right to a hearing prior to revocation.
(Ord. No. 1996-06, § 7, 3-3-96)