31-17 Amend Code to Permit and Regulate Tattooing

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(a) Tattooing must be performed by a medical doctor licensed to practice medi- cine in the State of Ohio, or by an operator under the direction and supervision of a medical doctor licensed to practice medicine in the State of Ohio. (b) Any medical doctor retained by a tattoo establishment pursuant to subsec- tion (a) hereof, shall annually register with the Mayor or Director of Public Safe- ty of the City of Lakewood prior to performing or supervising tattoo operations. (c) Any person who violates subsection (a) hereof is guilty of a misdemeanor of the first degree. Subsection (a) hereof shall be enforced by the Director of Public Safety or designee, the Division of Police, or any public health official. 1793.03 RECORD KEEPING. Permanent records of each patron or customer shall be maintained by the licen- see or operator of the establishment. Before the tattooing operation begins, the patron or customer shall be required to enter, on a record form provided for such establishments, the date, his or her name, address, age, and his or her signature. This data will be verified by requiring the patron to produce a valid state driver's license or other form of picture identification. The physician performing or su- pervising the tattoo must affix his/her name to the record form and sign a state- ment verifying the performance of the duties required under this Chapter. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Mayor or Director of Public Safety. Records shall be re- tained by the operator or licensee for a period of not less than five (5) years. In the event of a change of ownership or closing of the business, all such records shall be retained by the proprietor and made available to the Mayor or Director of Public Safety upon request. 1793.99 PENALTY. (a) The provisions of this chapter shall apply to all tattoo establishments and/or tattoo operators which are currently in existence, or which may come into exist- ence after the effective date of this chapter. The provisions of this chapter shall not apply to a physician licensed to practice medicine in the State of Ohio who is tattooing for a medical purpose. (b) In the event of conflict between any provisions of this chapter or the Ohio Revised Code, including any rules and regulations adopted pursuant to this chapter or the Ohio Revised Code, and any provisions of City ordinances, in- cluding any rules and regulations adopted pursuant to such ordinances, that pro- vision or ordinance which establishes the higher standard for the promotion or protection of the health or safety of the people shall govern. (c) Whoever violates this regulation shall be subject to the penalties of Ohio Revised Code 3709.99 or Ohio Revised Code 3707.02, unless otherwise speci- fied in this chapter is hereby repealed. Section 2. Schedule 1129.02, Permitted Uses in Commercial Districts, currently reading as follows: