(1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.
(2) Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a tattooing:
(a) upon a minor;
(b) without receiving the consent of the minor's parent or legal guardian; and
(c) for remuneration or in the course of a business or profession.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation.
(5) An actor is not guilty of violating Subsection (2) if the actor:
(a) has no actual knowledge of the minor's age; and
(b) reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the tattooing.