Alabama § 45-37-42 - Regulation of Tattooing.

§ 45-37-42. Regulation of Tattooing.

(a) This section shall be operative only in Jefferson County.

(b) For the purposes of this section, the following words have the following meanings unless the context clearly indicates otherwise:

(1) DEPARTMENT. The Jefferson County Board of Health.

(2) TATTOO or TATTOOING. The act of inserting a pigment under the skin of a human being by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

(c) No person shall apply a tattoo upon the body of another human unless the person applying the tattoo shall hold a valid permit issued by the department.

(d) The department shall regulate persons who practice the art of tattooing and the facilities in which they operate. A permit shall be issued annually by the department to the applicant meeting all requirements governing permit issuance as contained in the regulations governing tattoo facilities. Permits shall expire on December 31 of each year. Inspections of the facility shall be made at a frequency determined by the department, or as required by the regulations as authorized in subsection (e).

(e) The department may adopt necessary regulations for the department to govern the application of tattoos upon the body of human beings and the sanitation of tattoo parlors or facilities.

(f) No person shall place a tattoo on the body of another person who is under the age of 19 years.

(g)(1) Any person who violates this section or any regulation adopted pursuant to this section shall be guilty of a Class C misdemeanor.

(2) Any person who interferes with, hinders, or opposes any agent, officer, or member of the department in the discharge of his or her duties pursuant to this section shall be guilty of a Class C misdemeanor.

(3) Any person who fails to comply with a lawful order issued pursuant to this section within the time prescribed by the department shall be guilty of a Class C misdemeanor.

(4) The department may impose an administrative fine in an amount not to exceed one hundred dollars ($100) per day for any violation of this section, any regulation adopted pursuant to this section, or any term or condition of any permit issued by the department. The imposition of an administrative fine shall not preclude the department seeking other remedies, including, but not limited to, injunctive relief or the imposition of criminal penalties as provided by this section.

(5) In determining the amount of the fine to be levied for a violation, as provided in subdivision (4), each of the following factors shall be considered:

a. The extent and severity of any violation of this section, or the regulations adopted pursuant to this section.

b. Actions taken by the regulated person to correct the violation.

c. Any previous violations by the regulated person.

(6) The department may institute legal action for injunctive or other relief to enforce this section.