Reference Title: tattoo parlors; minors

AN ACT
REPEALING SECTION 13-3721, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 37, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 13-3721; RELATING TO TATTOO PARLORS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Section 13-3721 , Arizona Revised Statutes, is repealed.

Sec. 2. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding a new section 13-3721, to read:

13-3721 . Tattoos, brands, scarifications and piercings; minors; violation; classification; anesthesia; defense; definition

A. IT IS UNLAWFUL TO INTENTIONALLY BRAND, SCARIFY, TATTOO OR PIERCE THE BODY OF A PERSON WHO IS UNDER FOURTEEN YEARS OF AGE. THIS SUBSECTION DOES NOT APPLY TO EAR PIERCING OR PROCEDURES PRESCRIBED BY A HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE 32.

B. IT IS UNLAWFUL TO TATTOO A PERSON WHO IS FOURTEEN, FIFTEEN, SIXTEEN, SEVENTEEN OR EIGHTEEN YEARS OF AGE WITHOUT THE PHYSICAL PRESENCE OF THAT PERSON'S PARENT OR LEGAL GUARDIAN.

C. IT IS UNLAWFUL FOR A PERSON WHO TATTOOS OR PIERCES THE BODY OF ANOTHER PERSON TO USE A NEEDLE OR INK MORE THAN ONCE OR TO USE A NEEDLE THAT IS NOT PRESTERILIZED OR AUTOCLAVED.

D. IT IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED PURSUANT TO TITLE 32 TO ADMINISTER ANESTHESIA DURING THE COURSE OF ANY PROCEDURE INVOLVING THE BRANDING, SCARIFYING, TATTOOING OR PIERCING OF THE BODY OF ANOTHER PERSON.

E. IT IS A DEFENSE TO A PROSECUTION FOR A VIOLATION OF SUBSECTION A OR B THAT THE PERSON REQUESTED AGE IDENTIFICATION AND RELIED IN GOOD FAITH ON THE ACCURACY OF THE INFORMATION CONTAINED IN THE IDENTIFICATION.

F. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.

G. FOR THE PURPOSES OF THIS SECTION, "TATTOO" MEANS ANY INDELIBLE DESIGN, LETTER, SCROLL, FIGURE, SYMBOL OR OTHER MARK THAT IS PLACED ON OR UNDER THE SKIN WITH INK OR COLORS BY THE AID OF NEEDLES OR OTHER INSTRUMENTS AND THAT CANNOT BE REMOVED WITHOUT A SURGICAL PROCEDURE OR ANY DESIGN, LETTER, SCROLL, FIGURE OR SYMBOL OR OTHER MARK DONE BY SCARRING ON OR UNDER THE SKIN.