All or Nothing Tattoo and Art Studio - requirements to tattoo in georgia

GENERAL ASSEMBLY OF GEORGIA
03 LC 33 0018

House Bill 183
By: Representative Borders of the 142nd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Code Section 16_12_5, relating to tattooing any person near his or her eye, in its entirety and inserting in its place the following:

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, except a physician or osteopath licensed under Chapter 34 of Title 43 or a technician acting under the general supervision of such licensed physician or osteopath, 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."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

16-5-71 G *** CODE SECTION *** 10/15/99 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 G *** CODE SECTION *** 10/15/99 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.

31-40-2 G *** CODE SECTION *** 10/15/99 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.

31-40-5 G *** CODE SECTION *** 10/15/99 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; and (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 G *** CODE SECTION *** 10/15/99 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 G *** CODE SECTION *** 10/15/99 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 G *** CODE SECTION *** 10/15/99 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 G *** CODE SECTION *** 10/15/99 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.

Georgia Code
TITLE 31 HEALTH
CHAPTER 40 TATTOO STUDIOS

31-40-1. Definitions.

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.

(Code 1981, §§ 31-40-1, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-2. Issuance of permits.

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.

(Code 1981, §§ 31-40-2, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-5. Rules and regulations.

(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; and

(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.

(Code 1981, §§ 31-40-5, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-6. Enforcement of chapter; inspection of premises.

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.

(Code 1981, §§ 31-40-6, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-7. Criminal penalty.

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.

(Code 1981, §§ 31-40-7, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-8. Public education program.

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.

(Code 1981, §§ 31-40-8, enacted by Ga. L. 1994, p. 446, §§ 2.)

31-40-9. Enactment of more stringent laws.

Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing tattooing.

(Code 1981, §§ 31-40-9, enacted by Ga. L. 1994, p. 446, §§ 2.)

TITLE 16 CRIMES AND OFFENSES
CHAPTER 5 CRIMES AGAINST THE PERSON
ARTICLE 5 CRUELTY TO CHILDREN
16-5-71. Tattooing.

(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.

(Code 1981, §§ 16-5-71, enacted by Ga. L. 1987, p. 443, §§ 1; Ga. L. 1994, p. 446, §§ 1.)

48-13-9 G *** CODE SECTION *** 10/15/99

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:
(1) Building and construction contractors, subcontractors, and workers;
(2) Carnivals;
(3) Taxicab and limousine operators;
(4) Tattoo artists;
(5) Stables;
(6) Shooting galleries and firearm ranges;
(7) Scrap metal processors;
(8) Pawnbrokers;
(9) Food service establishments;
(10) Dealers in precious metals;
(11) Firearms dealers;
(12) Peddlers;
(13) Parking lots;
(14) Nursing and personal care homes;
(15) Newspaper vending boxes;
(16) Modeling agencies;
(17) Massage parlors;
(18) Landfills;
(19) Auto and motorcycle racing;
(20) Boarding houses;
(21) Businesses which provide appearance bonds;
(22) Boxing and wrestling promoters;
(23) Hotels and motels;
(24) Hypnotists;
(25) Handwriting analysts;
(26) Health clubs, gyms, and spas;
(27) Fortunetellers;
(28) Garbage collectors;
(29) Escort services;
(30) Burglar and fire alarm installers; and
(31) Locksmiths.
(c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following:
(1) Lawyers;
(2) Physicians licensed under Chapter 34 of Title 43;
(3) Osteopaths licensed under Chapter 34 of Title 43;
(4) Chiropractors;
(5) Podiatrists;
(6) Dentists;
(7) Optometrists;
(8) Psychologists;
(9) Veterinarians;
(10) Landscape architects;
(11) Land surveyors;
(12) Practitioners of physiotherapy;
(13) Public accountants;
(14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622;
(20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 48-17-1, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment of annual permit fees, in accordance with Code Section 48-17-9;
(21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for commercial use; and
(22) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments.
(d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments.