[HISTORY: Adopted by the City Council of
the City of Galax 8-10-2015.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 133, Tattoo Parlors, adopted 8-14-2000.
The following words, terms and phrases, when used in this chapter
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
Any person who for remuneration practices tattooing.
The placing of designs, letters, scrolls figures, symbols,
or any other marks upon or under the skin of any person with ink or
any other substance resulting in the permanent coloration of the skin,
including permanent makeup or permanent jewelry, by the aid of needles
or other instruments designed to touch or puncture the skin.
Any place in which tattooing is offered or practiced.
A place or establishment licensed by the Board for Barbers
and Cosmetology to accept and train students in tattooing.
Any person who shall conduct a tattoo parlor or engage in business
as a tattoo operator or tattoo artist without first securing a permit
therefor, or when such permit previously issued has been revoked or
suspended, or who shall violate any of the other provisions of this
chapter shall be guilty of a Class 4 misdemeanor. The Director of
Public Health shall revoke the permit of any person who shall be convicted
on two separate occasions within a twelve-month period of violating
any of the provisions of this chapter.
Any person who shall conduct a tattoo parlor, tattoo school,
provide tattooing, or engage in business as a tattoo artist, shall
comply with all conditions set forth in Chapter 7 Title 54.1, of the
Code of Virginia, as amended, including the proper licensing by the
Board for Barbers and Cosmetology.
Proper records for each patron or customer shall be kept and
maintained by the tattoo operator of each tattoo parlor, which record
shall include the patron's or customer's name, address,
date and signature of patron or customer. All records shall be available
for inspection upon request of the Department of Public Health.
No tattoo operator or tattoo artist shall tattoo any person who is under the age of 18 unless such person shall present to the tattoo operator or artist notarized consent to such tattooing from a parent or guardian of such person. In this event, the notarized consent shall be attached to and become a part of the records referred to in § 133-4.
No tattoo operator or tattoo artist shall tattoo on any person
any obscene word, phrase or design.
No tattoo operator or artist shall remove or attempt to remove
any tattoo.
Each tattooing parlor shall have an operating room, which operating
room shall be separate and apart from a waiting room or such other
rooms as may be used. Patrons or customers shall be tattooed only
in such operating room. The operating room shall be equipped with
hot and cold running water, together with such sinks and basins as
may be necessary. Sufficient toilet, urinal and handwashing facilities
shall be accessible to customers, operators and artists within the
tattoo parlor.
There shall be available within the tattoo parlor adequate hot
and cold running water, soap, approved germicidal solution, individual
hand brushes and fingernail files for each tattoo artist. Each tattoo
artist shall clean his fingernails with an individual file which has
been soaked in germicidal solution after each use, wash his hands
with soap and hot water, using an individual hand brush, and thoroughly
rinse his hands in a germicidal solution to be approved by the Department
of Public Health before working on each patron or customer. An unused
individual paper towel or napkin shall be used for drying the tattoo
artist's hands after rinsing. Each tattoo artist shall wear a
new set of sterile rubber gloves and a clean gown or coat while actually
engaged in tattooing.
Adequate cabinets for the storage of instruments, dyes, carbon
and stencils shall be provided for each operator and shall be maintained
in a sanitary condition.
All flooring within tattoo parlors shall be of impervious material
and shall be at all times maintained in a clean condition. The tattoo
parlor shall have proper facilities for the disposition of waste material.
Instruments and materials used in the tattoo parlor must be disposed
of in accordance with all medical standards and in compliance with
all local, state and federal requirements.
Tattoo parlors must have adequate light and ventilation, and
all walls and ceilings shall be painted a light color and properly
maintained.
Printed or mimeographed instructions, approved by the Director
of Public Health, shall be given to each patron or customer on the
care of the skin after tattooing as a precaution to prevent infection
after each tattooing. A copy of these instructions shall also be posted
in a conspicuous place in the tattoo parlor, clearly visible to the
person being tattooed.
When it is necessary to shave the area to be tattooed, a new
blade for each patron shall be used when a safety razor is employed,
and the permanent parts of such safety razor shall be treated as set
forth in this section for the treatment of a straight razor. If a
straight razor is used, it shall be cleansed with soap and water,
rinsed in clean water and then sterilized by being immersed for 15
minutes in an approved germicidal solution or by boiling for a period
of at least five minutes before the razor is used again on another
person. After shaving the area to be tattooed, such area shall be
cleaned with an approved germicidal solution in a sanitary manner
before the design is placed on the skin.
The stencil for transferring the design to the skin shall be
thoroughly cleaned and rinsed in an approved germicidal solution after
each use.
The excess dye originally applied to the skin shall be removed
with individual sterile gauze or sterile cotton only. The area tattooed
shall then be allowed to dry and the entire area covered with a piece
of sterile gauze only, which may in turn be covered with a piece of
tissue and fastened with adhesive.
No person shall operate a tattoo parlor or engage in the practice
or business of tattooing as a tattoo operator or as a tattoo artist,
unless such person shall first secure a permit from the Director of
Public Health or his duly authorized assistant. Applications for any
such permit shall be made in writing on a form prescribed by the Director
of Public Health wherein the applicant shall agree to conform to all
ordinances, rules and regulations governing such places now in effect
or as subsequently enacted, and to permit such examination and inspections
as may be deemed necessary by the Director of Public Health. Before
such permit is granted, it shall be the duty of the Health Officer
to cause an inspection to be made of the premises or tattoo parlor
in which the business is to be conducted and to refuse the permit
if the condition of the premises, its equipment or the health of the
applicant shall not conform to the requirements of this chapter, but,
if the same do conform to the requirements of this chapter, the Director
of Public Health shall issue the permit requested. It will be the
further duty of the Health Officer to cause inspections to be made
from time to time of all tattoo parlors and the equipment thereof,
and, if the place of business is not maintained, conducted or operated
in conformity with the requirements of this chapter, as now enacted
or as subsequently amended, then the Director of Public Health may
suspend the permit of the operator or artist until the tattoo parlor
and the operation thereof is made to conform to the requirements of
this chapter.
All permits issued pursuant to this chapter shall, unless sooner
revoked, expire on September 30 following their date of issue. Applications
for the renewal of permits shall be made on or before September 1
following their date of issue and the requirements for the renewal
thereof shall be the same as for new permits, as set forth in this
chapter. Tattoo parlors in operation as of the effective date of this
chapter shall have a period of 180 days to meet the requirements herein
set forth.
All permits granted shall be issued in the name of the individual
person applying therefor, shall give the location of the tattoo parlor
where the applicant will operate and shall not be transferable.
