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Burien, WA Business Licensing & Operations: Tattoo & Body Modification (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Burien Municipal Code § 9.70.300
Age line
Any minor under the age of 18
Offense level
Misdemeanor
Maximum penalty
Fine up to $1,000, jail up to 90 days, or both
Age defense
Preponderance proof of reasonable, bona fide ID check
Exemption
Medical procedures by a licensed physician

Summary

In the City of Burien, Washington, BMC 9.70.300 makes it a misdemeanor to apply a tattoo to any minor under the age of 18. Not knowing the age is no defense unless the tattooist proves a reasonable, bona fide attempt to check a driver's license or other picture identification. Medical procedures by a licensed physician are exempt.

Every person who applies a tattoo to any minor under the age of 18 is guilty of a misdemeanor. It is not a defense to a violation of this section that the person applying the tattoo did not know the minor’s age unless the person applying the tattoo establishes by a preponderance of the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the minor by requiring production of a driver’s license or other picture identification card or paper and did not rely solely on the oral allegations or apparent age of the minor. ... For the purposes of this section, “tattoo” includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical procedures performed by a licensed physician are exempted from this section.

Full Breakdown

Burien Municipal Code § 9.70.300, titled applying tattoo to a minor, is the city's tattoo rule. Every person who applies a tattoo to any minor under the age of 18 is guilty of a misdemeanor. The rule attaches to whoever applies the tattoo, so it reaches an artist working in a shop in the City of Burien as much as anyone else.

The age defense is written strictly. It is not a defense that the person applying the tattoo did not know the minor's age, unless that person establishes by a preponderance of the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license or other picture identification card or paper, and did not rely solely on the oral allegations or apparent age of the minor. In practice the code puts the burden of proof on the tattooist, and a customer's say-so or a look at their face does not satisfy it.

The definition is broad. For this section, tattoo includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. The only exemption printed in the section is for medical procedures performed by a licensed physician. The section prints no parental consent exception.

The city's criminal code supplies the surrounding rules. BMC 9.05.030(1) gives the city jurisdiction over any crime committed within its corporate limits, and BMC 9.05.060 allows any person to be tried regardless of residence. BMC 9.05.070(1) bars starting a misdemeanor prosecution more than one year after the offense, and BMC 9.05.080 requires each element to be proved beyond a reasonable doubt.

A search of Burien's Titles 1 through 9 finds tattoo only here and in the business and occupation tax definition of retail service, BMC 3.11.030, which lists tattoo parlor services among personal services. The code reviewed contains no tattoo shop permit or sanitation chapter.

Violations & Fines

Applying a tattoo to a minor under 18 is a misdemeanor. Under BMC 9.05.040 a misdemeanor is punishable by 90 days or less in jail, and BMC 9.05.150(2) sets the ceiling, unless otherwise specified, at a fine of not more than $1,000, imprisonment for not more than 90 days, or both. Prosecution must begin within one year under BMC 9.05.070(1).

Frequently Asked Questions

Can a parent consent to a tattoo for a minor in Burien?
BMC 9.70.300 prints no parental consent exception. The offense covers applying a tattoo to any minor under the age of 18, and the only exemption in the section is for medical procedures performed by a licensed physician. Anyone considering a tattoo for a teenager in the City of Burien should read the section as written.
What counts as a tattoo under Burien's code?
For purposes of BMC 9.70.300, tattoo includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. The scar language means the definition is not limited to ink, though medical procedures performed by a licensed physician are exempted.
What if the minor lied about their age?
Not knowing the age is not a defense unless the tattooist establishes by a preponderance of the evidence a reasonable, bona fide attempt to ascertain the true age by requiring a driver's license or other picture identification card or paper. Relying solely on the minor's oral statements or apparent age does not meet that standard.
What is the penalty for tattooing a minor in Burien?
It is a misdemeanor. BMC 9.05.150(2) sets the misdemeanor ceiling, unless otherwise specified, at a fine of not more than $1,000, imprisonment for not more than 90 days, or both. BMC 9.05.070(1) requires a misdemeanor prosecution to start within one year of the offense.

Sources & Official References

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