A. Any firm
wishing to operate a tattoo parlor, event tattoo parlor, or permanent cosmetic
tattoo salon shall obtain a tattoo parlor license, event tattoo parlor license,
or permanent cosmetic tattoo salon license in compliance with §
54.1-704.1 of the Code of
Virginia and shall meet the following qualifications in order to receive a
license:
1. The applicant and all members of
the responsible management shall be in good standing as a licensed parlor or
salon in Virginia and all other jurisdictions where licensed. The applicant and
all members of the responsible management shall disclose to the board at the
time of application for licensure any disciplinary action taken in Virginia and
all other jurisdictions in connection with the applicant's operation of any
tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or
practice of the profession. This disclosure includes monetary penalties, fines,
suspensions, revocations, surrender of a license in connection with a
disciplinary action, or voluntary termination of a license. The applicant shall
disclose to the board at the time of application for licensure if the applicant
or any member of the responsible management has been previously licensed in
Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo
salon.
Upon review of the applicant's and all members of the
responsible management's prior disciplinary action, the board, in its
discretion, may deny licensure to any applicant wherein it deems the applicant
is unfit or unsuited to engage in the operation of a tattoo parlor, event
tattoo parlor, or permanent cosmetic tattoo salon. The board will decide each
case by taking into account the totality of the circumstances. Any plea of nolo
contendere or comparable plea shall be considered a disciplinary action for the
purposes of this subdivision. The applicant shall provide a certified copy of a
final order, decree, or case decision by a court, regulatory agency, or board
with the lawful authority to issue such order, decree, or case decision, and
such copy shall be admissible as prima facie evidence of such disciplinary
action.
2. The applicant
shall disclose the applicant's physical address. A post office box is not
acceptable.
3. The applicant shall
sign, as part of the application, a statement certifying that the applicant has
read and understands the Virginia tattooing license laws and this
chapter.
4. In accordance with
§
54.1-204 of the Code of
Virginia, each applicant shall disclose the following information about the
firm and all members of the responsible management regarding criminal
convictions in Virginia and all other jurisdictions:
a. All misdemeanor convictions involving
moral turpitude, sexual offense, non-marijuana drug distribution, or physical
injury within two years of the date of the application; and
b. All felony convictions within 20 years of
the date of application.
Any plea of nolo contendere shall be considered a
conviction for purposes of this subdivision. The record of a conviction
received from a court shall be accepted as prima facie evidence of a conviction
or finding of guilt. The board, in its discretion, may deny licensure to any
applicant in accordance with §
54.1-204 of the Code of
Virginia.
5. The
applicant shall disclose the firm's responsible management.
B. A tattoo parlor license, event
tattoo parlor license, or permanent cosmetic tattoo salon license shall not be
transferable and shall bear the same name and address of the business. Any
changes in the name or address of the parlor or salon shall be reported to the
board in writing within 30 days of such changes. The new responsible management
shall be responsible for applying for a new license within 30 days of the
changes.
C. Whenever the legal
business entity holding the license is dissolved or altered to form a new
business entity, the original license becomes void and shall be returned to the
board within 30 days of the change. Additionally, the firm shall apply for a
new license within 30 days of the change in the business entity. Such changes
include:
1. Death of a sole
proprietor;
2. Death or withdrawal
of a general partner in a general partnership or the managing partner in a
limited partnership; and
3.
Conversion, formation, or dissolution of a corporation, a limited liability
company, an association, or any other business entity recognized under the laws
of the Commonwealth of Virginia.
D. Any change in the officers of a
corporation, managers of a limited liability company, or officers or directors
of an association shall be reported to the board in writing within 30 days of
the change.
E. Any tattoo parlor or
permanent cosmetic tattoo salon wishing to host a guest tattooer must identify
itself as the guest tattooer sponsor and must provide direct supervision of any
tattooing by the guest tattooer.
F.
Any firm wishing to operate a tattoo parlor in a temporary location must have a
tattoo parlor license or event tattoo parlor license issued by the
board.
G. An event tattoo parlor
license is effective for five consecutive days.
H. A firm may obtain a maximum of five event
tattoo parlor licenses within a calendar year.
