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Tattoo & Piercing Laws - United States - Utah
Back to United States Tattoo & Piercing Laws
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.
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Source:
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Utah Code : TITLE 76 UTAH CRIMINAL CODE : CHAPTER
10 OFFENSES AGAINST PUBLIC HEALTH, SAFETY, WELFARE AND
MORALS : PART
22 PUBLIC HEALTH OFFENSES : 76-10-2201. Unlawful
body piercing and tattooing of a minor.
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Terms:
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tattooing
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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