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(1) No person shall perform body piercing or tattooing on or to any person under eighteen (18) years of age without prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given or granted by a guardian, shall be retained by the person administering such body piercing or tattooing for a period of five years.

(2) No person, including a permanent color technician and tattoo artist, shall perform tattooing, display a sign or in any other way advertise or purport to be a permanent color technician and tattoo artist unless that person holds a valid license issued by the Kansas State Board of Cosmetology. No person shall perform body piercing, display a sign or in any other way advertise or purport to be in the business of body piercing unless that person holds a valid license issued by the Kansas State Board of Cosmetology.

This act does not prevent or affect the use of tattooing, permanent color technology or body piercing by a physician, a person under the control and supervision of a physician, a licensed dentist, a person under the control and supervision of a licensed dentist, an individual performing tattooing, permanent color technology or body piercing solely on such individual’s body or any other person specifically permitted to use electrolysis or tattooing by law.

(3) Definitions as used in this Section, unless the context otherwise requires:

(a) Body Piercing” means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body, except puncturing the external part of the human ear shall not be included in this definition.

(b) Tattoo” means the indelible mar, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.

(c) Tattooing” means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.

(4) A violation of this Section is a Class A Public Offense. (Ord. 07-135 § 8, 2007; Ord. 05-103 § 1, 2005; Ord. 99-24 § 10, 1999; Ord. 96-24 § 1, 1996.)