Reference Title: tattoo parlors; minors

AN ACT
AMENDING SECTION 13-3721, ARIZONA REVISED STATUTES; RELATING TO TATTOO PARLORS.

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

Section 1. Section 13-3721, Arizona Revised Statutes, is amended to read:

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

A. It is unlawful to INTENTIONALLY BRAND, SCARIFY, tattoo OR PIERCE THE BODY OF a person who is under eighteen years of age without the physical presence of that person's THE parent or legal guardian OF THE PERSON REQUESTING THE BRAND, SCAR, TATTOO OR PIERCING .

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

C. IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN THE BUSINESS OF TATTOOING OR BODY PIERCING OUT OF AN IMPERMANENT STRUCTURE, INCLUDING A TENT, TRAILER, TRUNK OR OTHER IMPERMANENT STRUCTURE.

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 THAT THE PERSON REQUESTED AGE IDENTIFICATION AND RELIED IN GOOD FAITH ON THE ACCURACY OF THE INFORMATION CONTAINED IN THE IDENTIFICATION.

B. F. A person who violates this section is guilty of a class 6 felony.

C. G. For the purposes of this section, "tattoo" means any indelible design, letter, scroll, figure, symbol or any other mark placed by the aid of needles or other instruments upon or under the skin with ink or colors AND that cannot be removed without a surgical procedure or any design, letter, scroll, figure , or symbol OR OTHER MARK done by scarring upon or under the skin.