[1]
Editor's Note: Former Ch. 627, Tattooing And Body Piercing, which derived from Ord. No. 021-2007 §1, 10-22-2007, was repealed by Ord. No. 07-2022, 2-7-2022.
[Ord. No. 07-2022, 2-7-2022]
As used in this Chapter, the following terms shall have these prescribed meanings:
BODY PIERCING
The perforation of human tissue other than an ear for a nonmedical purpose.
BRANDING
A permanent mark made on human tissue by burning with a hot iron or other instrument.
CONSTROLLED SUBSTANCE
Any substance defined in Section 195.010, RSMo.
MINOR
A person under the age of eighteen (18).
PERSON
Any individual, firm, corporation, partnership or company.
TATTOO
One (1) or more of the following:
1. 
An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
2. 
An indelible design made on the body of another person by production of scars other than by branding.
TATTOOING/BODY PIERCING ESTABLISHMENT
Any place or facility where the art of tattooing or body piercing is performed.
[Ord. No. 07-2022, 2-7-2022]
It shall be unlawful for any person owning, controlling or leasing, acting as agent for, conducting, managing or operating any establishment to practice the art of tattooing or body piercing or to engage in the practice of tattooing or body piercing without first obtaining a business license for tattooing or body piercing and without first paying all taxes, if any, due to the City and complying with the Herculaneum Code of Ordinances and all rules and regulations of the City. Said permit shall not be transferable.
[Ord. No. 07-2022, 2-7-2022]
A. 
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 misdemeanor.
B. 
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.
C. 
No person under the age of eighteen (18) shall tattoo, brand or perform body piercing on another person.
D. 
No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated without:
1. 
A license also issued by the Director of the Division of Professional Registration with the State of Missouri in accordance with Section 324.522, RSMo.
2. 
Being in compliance with Rules of Department of Commerce and Insurance Division 2267 - Office of Tattooing, Body Piercing, and Branding, 20 CSR 2267.
[Ord. No. 07-2022, 2-7-2022]
A tattoo/body piercing establishment, the permit of which has been suspended, may at any time make application for the reinstatement of the permit. Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision of this Chapter has been conformed with, the Mayor or his/her designee shall make a reinspection and thereafter as many additional reinspections as he/she may deem necessary, to assure himself/herself that the applicant is again complying with the requirements of this Chapter and if in case the findings indicate compliance, shall reinstate the permit.
[Ord. No. 07-2022, 2-7-2022]
A. 
Compliance. Any person maintaining, conducting, operating or managing any tattooing/body piercing establishment shall comply with the following regulations:
1. 
General Regulations.
a. 
No tattoo or body piercing may be administered by any person under twenty-one (21) years of age to any person less than eighteen (18) years of age. Where there is doubt about such age, the operator will obtain proof of age before the tattoo or body piercing procedure is done.
b. 
Before administering a tattoo or body piercing, the patron shall be advised that the tattoo should be considered permanent; tattoos can be removed only with surgical procedure; and that any effective removal may leave permanent scarring and disfigurement. The patron must be advised that body piercings are not permanent and must be cared for to keep it functional and free of infection. A written cautionary notice to that effect shall be furnished to and signed by the patron and retained on file at the establishment for a period of three (3) years. Such records shall be made available to the Building Official or his/her designee upon demand.
c. 
Neither the patron nor operator shall consume or bring food or drink into the tattooing or body piercing area and shall not smoke during the procedure or in the room(s) where the tattooing takes place.
d. 
The tattoo operator shall be free from communicable disease while administering tattoos or piercing and present no pustular lesions of the hands or arms.
e. 
Immediately before administering a tattoo or piercing, the operator must thoroughly wash his/her hands in hot water with soap, using a short-bristled brush and then dry the hands with a disposable towel.
f. 
The operator shall wear a clean and easily cleanable smock while administering the tattoo or piercing procedure.
g. 
The operator, while administering a tattoo or piercing, shall wear an effective hair restraint, must have clean fingernails and shall in general pay particular attention to his/her personal hygiene.
h. 
The skin surrounding the area where the tattoo or piercing is to be placed shall first be washed with a germicidal soap and then shaved with a disposable blade. Following shaving, the skin must be gently scrubbed with seventy-percent isopropyl alcohol using a sterile gauze pad which shall be disposed of after use.
i. 
During any phase of the tattoo or piercing procedure, should the operator be interrupted for other duties, i.e., answering the phone, etc., the operator shall wash his/her hands as in Subsection (B)(5) herein before resuming the tattoo or piercing procedure.
j. 
The tattoo shall be bandaged with a sterile non-stick-type bandage when the tattoo is finished.
k. 
All infections resulting from the practice of tattooing shall be reported to the Building Official by the person owning or operating the tattooing establishment.
2. 
Premises.
a. 
Floors. The floor of any room in a tattoo shop where tattoo procedures occur shall be of good construction, easily cleanable and non-absorbent. All floors shall be kept clean at all times.
b. 
All tables and chairs used in the tattooing process shall be constructed of a material allowing easy and thorough cleaning and shall be maintained in a clean and sanitary condition.
c. 
Walls and Ceilings. All walls and ceilings, including doors, windows, skylights and similar closures, shall be kept clean and in good repair.
d. 
Ventilation. All ventilation shall be in compliance with applicable ordinances and regulations of the City of Herculaneum.
e. 
Lighting. All cleaning and working areas shall be provided with a minimum of fifty (50) footcandles of light power.
f. 
Health Facilities. Each room where tattooing is done shall be equipped with a hand-washing lavatory equipped with hot and cold running water under pressure. Soap and sanitary towels shall be provided at each lavatory. Notwithstanding other provisions of this Subsection to the contrary, facilities required by this Subsection may be provided in another room, other than a restroom, provided that antiseptic waterless hand foam is provided in each tattoo room. Adequate toilet facilities with soap and towels properly installed and in compliance with applicable ordinances, rules and regulations of the City of Herculaneum shall be provided.
g. 
Tattoo Rooms. Areas or rooms where tattooing is done shall be separated from the rest of the building by walls and/or partitions. The building and premises shall be kept in a clean and sanitary condition at all times and kept free from all health hazards.
3. 
Instruments.
a. 
All instruments, such as needles and other items of any material, which come into contact with the human skin shall be sterilized before use. A separate sterilized needle or instrument shall be used for each patron. No sterile instrument shall be kept for more than ninety (90) days without resterilization. Date of sterilization shall be written on the package containing sterile instruments in permanent ink or print.
b. 
Method Of Sterilization. All instruments which come in contact with the human skin shall be sterilized by the following method: Sterilization shall be caused by steam under pressure at a temperature not less than two hundred fifty degrees Fahrenheit (250° F.) and/or one hundred twenty-one degrees Celsius (121° C.) at a pressure of at least fifteen (15) pounds of pressure per square inch for fifty-five (55) minutes from cold start or thirty-five (35) minutes from hot start or any method approved by State and City health authorities.
c. 
Needles. All needles shall be single service. All sharps shall be disposed of in a capped, puncture-proof "sharps" containers filled with a solution of five and one-quarter percent (5.25%) bleach in accordance with Federal and State laws and regulations.
d. 
All instruments shall be stored in a closed metal or glass container.
e. 
All acetate tattoo stencils shall be cleaned with seventy percent (70%) isopropyl alcohol between customers or individuals; transfers of tattoo designs shall be used once and discarded.
4. 
Tattooing Ink.
a. 
General Requirements. All ink used in tattooing shall be sterile and of a type recommended for tattooing.
b. 
Containers. Ink shall be poured into single-service, disposable, sterile caps, ink cups or trays and not reused from one (1) client to another. No large containers of ink or color materials shall be used. Caps, cups and trays shall be discarded after use to preclude or mitigate against the possibility of contamination of sterile items.
[Ord. No. 07-2022, 2-7-2022]
The City shall cause the City Building Official or his/her designee to inspect all tattooing shops at least once every six (6) months to determine compliance with this Chapter and to issue a certificate of compliance.
[Ord. No. 07-2022, 2-7-2022]
If, at any time, the City advises the operator of a tattooing shop that said operator is in violation of the health and sanitary provisions for herein, the City shall immediately suspend said operator's license until such time as the operator is offered an opportunity to respond to the City's finding. Such opportunity to respond must be granted within five (5) days of the date of suspension. Said opportunity to respond shall be before the Board of Aldermen. Said operator may be represented at said opportunity to respond by a representative, in person, or both.
[Ord. No. 07-2022, 2-7-2022]
Tattoo operators shall not attempt to remove tattoos. Any attempt by a tattoo operator to remove a tattoo shall result in the immediate suspension of the business license.
[Ord. No. 07-2022, 2-7-2022]
Any person who shall violate any of the provisions of this Chapter or fail to comply with any order or regulation made thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).