Tattooing of teen could lead to charges

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A former tattoo artist could face charges for allegedly tattooing a teen without her parent's permission.

Bismarck Police Lt. Randy Ziegler said a father reported his 17-year-old daughter had gotten a tattoo without his permission on Saturday.

Under a law passed by the 2007 Legislature, tattoo parlors are prohibited from tattooing minors unless a parent is present and has given written permission.

The business did not have record of the girl getting the tattoo, and the employee alleged to have given the tattoo also did not remember performing the service, Ziegler said. He said the business owner reported the employee is no longer working at the tattoo parlor for reasons not related to the incident.

The name of the business was not released. The police report did not say what the tattoo depicted or where on the teen's body it was located.

Assistant City Attorney Paul Fraase had not seen the report by Wednesday afternoon, so no charges have been filed yet. He said he believes the case is the first report of a violation in Bismarck under the new statute.

In such situations, the employee likely would be charged first, but the business also could face penalties, Fraase said.

"They have some responsibility to monitor their employees,"he said. "And of course, the employee has to be more careful."

Karen Marter, owner of Michael Jays Tattoo & Piercing Clinic, said kids come in with their parents between three and 10 times a week. They're each required to bring state-issued ID, and if they don't have the same last name, they must prove they're related.

In each case, she sits down and talks to the child and the parent beforehand, to determine what they want and if it's something the clinic is willing to do. Marter said her business will not allow minors to get a tattoo that could limit their ability to get a job.

"I'm the mother of the group," she said. "A lot of times, kids come in and want something that just isn't appropriate, and you wouldn't believe how many parents would allow their kids to do it. But we won't let them. If it's something I wouldn't want on my kid, we won't do it. That makes a lot of people mad at me, but that's OK."

None of the high schools in Bismarck-Mandan has a policy specifically about tattoos. Each school, however, has a dress code and conduct code students must follow. If a tattoo is considered by staff to be obscene, gang-related or a depiction of alcohol or drugs, the student would be required to cover it.

Marter and the staff at Michael Jays pushed for the change in state law, which took effect last summer.

"We're a professional business,"Marter said. "We've gotten really involved (in making the law more strict) because somebody had to. If someone comes in and wants (a tattoo or piercing) that could ruin their future in any way, forget it."

Jay Sease, owner of J. Colorz Tattooing and Body Piercing, said his shop gets about the same number of minors each week as Michael Jays, about three to 10.

He's very strict about who he'll tattoo. Most times, even with parental permission, J. Colorz won't ink a minor.

"The law says Ican, but I say Ican't,"Sease said. "Personally, I've seen so many people say 'I got this (tattoo) when I was 16, what can Ido to cover it up?'"

"I will generally turn them down, unless the parent is covered in ink themselves, so the kid already knows the repercussions,"Sease said. "I made my own kids wait until they were 18."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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