(a) No person shall operate a tattoo studio unless the person is registered with the state as an operator or as an artist and the studio has been issued a studio certificate by the local health department. No studio certificate shall be issued or renewed unless the studio has been inspected and found to be in compliance by the local health department.

(b) A studio certificate shall expire on December 31 of each year.

(c) The local health department shall inspect each tattoo studio a minimum of four (4) times each year to ensure compliance with this part.

(d) Tattoo studio violations shall be classified into two (2) categories: critical and minor. Tattoo studios found to have critical violations shall be subject to a one hundred dollar ($100) civil penalty and, if deemed necessary, the immediate shutdown of the tattoo studio. Reinspection for a critical violation shall be within seven (7) days, at which time the tattoo studio may be reopened if the studio is found to be in compliance. If a second critical violation is committed within the period of one (1) year, calendar or otherwise, the tattoo studio shall be subject to a civil penalty of up to five hundred dollars ($500) and the tattoo studio's certificate may be revoked.

(e) Minor violations means all other violations of this part. Tattoo studios with minor violations shall be subject to a twenty-five dollar ($25.00) civil penalty and shall have fourteen (14) days to address and correct the violations. Reinspection for a minor violation shall be at the discretion of the local health department.

(f) A violation may be reviewed by the local health department upon written request of the person or studio committing the violation. A request for review by the local health department shall be made in writing within ten (10) days of receipt of notification of the violation. The local health department should respond to this review within fourteen (14) days.

(g) Critical violations shall include the following:

(1) Autoclave is not in good working order;

(2) Tubes and needles are not sterilized in an approved manner;

(3) Work room is not equipped as required or is not stocked;

(4) Prohibited reuse of single use articles;

(5) Sterile instruments are not handled properly;

(6) Reusable instruments are not handled properly;

(7) Employees with infectious lesions on hands not restricted from tattooing;

(8) Employees not practicing proper cleanliness and good hygiene practices;

(9) Water supply not approved, hot and cold running water under pressure not available;

(10) Approved sewage and liquid waste disposal not available;

(11) Cross connection allowing back-siphonage present in plumbing system;

(12) Toilet and hand washing facilities not available for employees;

(13) Insect and rodent evidence, harborage or outer opening present; or

(14) Toxic items not properly stored, labeled or used.

(h) In all instances of violations, the local health department shall give written notice to the tattoo operator specifying the violations and measures that are necessary to correct the violations. A copy of this notice/inspection sheet shall be signed by the studio and retained by the local health department. Payment of all registrations, fees or fines shall be payable to the local health department having jurisdiction for administrative costs.

(i) A tattoo studio shall pay a permit fee of two hundred eighty dollars ($280).

(j) If the permit fee is delinquent for more than thirty (30) calendar days, a penalty of one half (½) the permit fee shall be added to the fee. If a check is returned for any reason, a penalty of one half (½) the permit fee shall be added to the fee. The permit fee plus any penalty must be paid before the permit is issued.

(k) A percentage of permit fees, fines and penalties collected within a contract county pursuant to § 62-38-202 shall be conveyed by contract to the respective county health department to assist the county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).