Section 1. 1. As used in sections 1 and 2 of this act, the following terms mean:
(1) "Body piercing", the perforation of human tissue other than an ear for a nonmedical purpose;
(2) "Branding", a permanent mark made on human tissue by burning with a hot iron or other instrument;
(3) "Controlled substance", any substance defined in section 195.010, RSMo;
(4) "Minor", a person under the age of eighteen;
(5) "Tattoo", one or more of the following:
(a) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
(b) An indelible design made on the body of another person by production of scars other than by branding.
2. No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.
3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.
4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.
Section 2. 1. No practitioner of tattooing shall practice and no establishment in which tattoos are applied shall be operated without a license issued by the director of the department of economic development. The annual license fee for each practitioner and each establishment shall be seventy-five dollars.
2. The director of the department of economic development shall promulgate rules and regulations relative to the hygienic practice of tattooing and sanitary operations of tattoo establishments. Such rules and regulations shall include:
(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of tattooing;
(2) Procedures to be used to grant, revoke or reinstate a license;
(3) Inspection of tattoo establishments; and
(4) Any other matter necessary to the administration of this section.
3. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.