[Ord. No. 99-149 §1, 12-1-1999]
This Chapter may be cited as the “Tattooing and Body Piercing
Ordinance".
[Ord. No. 99-149 §2, 12-1-1999]
A.Â
The Council
finds that there is sufficient information to believe that injuries,
infections and occasional disease may occur as the result of tattooing
and body piercing. In order to protect the health and welfare of residents,
the regulation of tattooing and body piercing establishments and operators
is required.
B.Â
The Council
finds that residents desire regulation of tattooing and body piercing
establishments and that such regulation is required for the health
and safety of the residents.
C.Â
The Council
is concerned with health dangers posed by the unsafe practices that
could be employed by some tattooing and body piercing establishments
and operators.
[Ord. No. 99-149 §3, 12-1-1999]
For the purpose of this Chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
An agent that destroys disease-causing microorganisms on
human skin or mucosa. A list of approved antiseptic agents will be
maintained by the Department of Community Health and the Environment.
Any method of piercing the skin or mucosa in order to place any object including, but not limited to, rings, studs, bars or other forms of jewelry through the skin or mucosa. This Chapter expressly excludes ear piercing, as defined in Section 645.080(B) below, as a body piercing procedure.
Any person who inquires about or requests a tattooing and
body piercing procedure.
Any liquid or semi-liquid blood or other potentially infectious
materials in a liquid or semi-liquid state if compressed; items that
are caked with dried blood or other potentially infectious materials
and are capable of releasing these materials during handling; contaminated
sharps and pathological and microbiological wastes containing blood
and other potentially infectious materials, as further defined in
State and Federal regulations.
The practice of depositing pigment into the epidermis, utilizing
needles, which is either permanent, semi-permanent or temporary by
someone other than a State licensed physician. Cosmetic tattooing
shall also include permanent cosmetics, dermography, micro pigmentation,
permanent color technology and micro pigment implantation.
The St. Charles County, Missouri, Department of Community
Health and Environment including its agents and employees.
The Director of the Department and his/her designees.
The killing of microorganisms, but not necessarily their
spores, on inanimate objects.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks and
all other apparatuses and appurtenances used in connection with the
operation of a tattooing and body piercing establishment.
A lavatory equipped with hot and cold running water under
pressure and with a drain, used solely for washing hands, arms or
other portions of the body.
Water at a temperature of at least one hundred degrees Fahrenheit
(100° F).
Hand pieces, needles, needle bars and other instruments,
including piercing studs, that may come in contact with any person’'s
body during tattooing and body piercing.
Entry into the body either by incision or insertion of an
instrument into or through the skin or mucosa, or by any other means
intended to compromise the skin or mucosa.
Any personal ornament inserted into a pierced area. Jewelry
inserted into a newly pierced area must be made of 316 series surgical
implant grade stainless steel, solid 14k or 18k white or yellow gold,
niobium, titanium, platinum, low porosity plastic such as monofilament
nylon, acrylic or Lucite, tempered glass or high density low porosity
non-toxic hardwoods. Furthermore, such jewelry must be free of nicks,
scratches or irregular surfaces and have been properly sterilized
prior to use. Hardwood jewelry is single use only. Piercing studs
are not considered jewelry under this Chapter.
Written approval by the Department to operate a tattooing
and body piercing establishment, or to perform tattooing and body
piercing. Approval is given in accordance with this Chapter and is
separate from any other licensing requirements that may exist.
Any person who controls, operates, manages, conducts, or
practices tattooing and body piercing activities at a tattooing and
body piercing establishment and who is responsible for compliance
with these regulations whether or not that person actually performs
tattooing and body piercing activities.
A natural person, any form of business or social organization
and any other non-governmental legal entity including but not limited
to a corporation, partnership, limited liability company, association,
trust or unincorporated organization.
A room in the tattooing and body piercing establishment where
tattooing and body piercing is performed.
Any surface that contacts the client’'s unclothed body
during a tattooing and body piercing procedure or any associated work
area which may require sanitizing.
A procedure that reduces the level of microbial contamination
so that the item or surface is considered safe.
Any object that is used for the purpose of penetrating the
skin or mucosa including, but not limited to, needles, scalpel blades
and razor blades.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation and disposal and is labeled
with the international biohazard symbol.
Products or items that are intended for one-time, one (1)
person use and are disposed of after use on each client including,
but not limited to, cotton swabs or balls, tissues or paper products,
paper or plastic cups, gauze and sanitary coverings, razors, piercing
needles, scalpel blades, stencils, ink cups and protective gloves.
Destruction of all forms of microbiotic life, including spores.
Any method of placing ink or other pigment into or under
the skin or mucosa by the use of needles or any other instruments
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of cosmetic tattooing.
The practice of physical body adornment by any method including but not limited to the following: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by a State Medical Board, such as implants under the skin. This definition also does not include ear piercing as fully defined in Section 645.080(B) below.
Any place of business which performs tattooing and body piercing.
Employed by and working in the office or clinic of a physician
licensed in the State of Missouri, or at a site approved by the Department,
with treatment ordered by the physician.
[Ord. No. 99-149 §4, 12-1-1999; Ord. No. 13-001 §18, 1-3-2013; Ord. No. 13-050 §18, 6-28-2013]
A.Â
No person
shall perform tattooing and body piercing unless the person is authorized
to do so by a license issued by the Department. Nor shall any person
perform tattooing and body piercing except in a tattooing and body
piercing establishment licensed by the Department.
B.Â
Tattooing
and body piercing establishment licenses shall be valid for a term
to expire with the last day of the calendar year in which the license
is issued. Application for renewal of licenses for tattooing and body
piercing establishments must be filed on or before the first (1st)
day of each calendar year.
C.Â
Tattooing
and body piercing operator licenses shall be valid for a term to expire
with the last day of the calendar year in which the license is issued.
Application for renewal of licenses for tattooing and body piercing
operators must be filed on or before the first (1st) day of each calendar
year.
D.Â
No license
issued under this Chapter shall be transferable or assignable except
as herein provided:
1.Â
In the
event of the death of the licensee, the widow or widower or the next
of kin of such deceased licensee, who shall meet the other requirements
of this Chapter, may make application and the Department of Community
Health and the Environment may transfer such license to permit the
operation of the business of the deceased for the remainder of the
period for which a license fee has been paid by the deceased;
2.Â
Whenever
one (1) or more members of a partnership withdraws from the partnership,
the Department of Community Health and the Environment, upon being
requested, shall license the remaining partner, or partners, originally
licensed, to continue to operate for the remainder of the period for
which the license fee has been paid, without obtaining a new license.
[Ord. No. 99-149 §5, 12-1-1999]
A.Â
Tattooing And Body Piercing Establishment License.
1.Â
A current
tattooing and body piercing establishment license shall be posted
in a prominent and conspicuous area where it may be readily observed.
2.Â
The
holder of a tattooing and body piercing establishment license must
only hire operators who have complied with the operator license requirements
of this Chapter.
3.Â
Tattooing
and body piercing establishments which are engaged in the tattooing
and body piercing business before the effective date of this Chapter
shall have sixty (60) days to comply with the licensing requirements.
B.Â
Operator License.
1.Â
An application
for an operator license shall include: name, social security number,
date of birth, sex, residence, mailing address, phone number, place(s)
of employment, and training and experience of the operator.
2.Â
Within
ninety (90) days of the operator’'s receipt of the operator’'s
first (1st) license, the operator must provide proof of attendance
at a Blood-borne Pathogen training program (or equivalent) approved
by the Department. During the said ninety (90) days, the operator
shall become familiar with this Chapter, undergo in-house training
and familiarize themselves with information available from the Department
concerning Hepatitis B. Subsequently, the operator must attend a Blood-borne
Pathogen training program (or equivalent) at least once every three
(3) years.
3.Â
No operator
license shall be issued unless, following reasonable investigation
by the Department, it finds that the operator is in compliance with
the applicable provisions of this Chapter.
4.Â
All
operator licenses shall be conditioned upon continued compliance with
the applicable provisions of this Chapter.
5.Â
All
operator licenses shall be posted in a prominent and conspicuous place
inside a public area of the tattooing and body piercing establishment
or establishments in which the operator works.
6.Â
Operators
must be at least eighteen (18) years of age.
[Ord. No. 99-149 §6, 12-1-1999]
A.Â
The following
information shall be kept on file on the premises of a tattooing and
body piercing establishment and available for inspection by the Department:
1.Â
The
following information pertaining to all employees in the tattooing
and body piercing establishment: full name, date of birth, social
security number, gender, home address, phone number (home and work),
job description and exact duties.
2.Â
Identification
photographs of all operators.
3.Â
The
tattooing and body piercing establishment name and hours of operation.
4.Â
The
name, address and social security number of the tattooing and body
piercing establishment owner or owners.
5.Â
A complete
description of all tattooing and body piercing performed.
6.Â
A list
of all instruments, body jewelry, sharps, and inks used for any and
all tattooing and body piercing procedures, including names of manufacturers
and serial or lot numbers or invoices or other documentation sufficient
to identify and locate the manufacturer.
7.Â
A copy
of this Chapter.
[Ord. No. 99-149 §7, 12-1-1999]
A.Â
Smoking,
eating, or drinking by anyone is prohibited in the area where tattooing
and body piercing preparation, procedure and clean up is being performed.
B.Â
Operators
shall refuse service to any person who, in the opinion of a reasonable
objective observer, is under the influence of alcohol or drugs.
C.Â
The operator
shall maintain a high degree of personal cleanliness, conform to hygienic
practices and wear clean clothes when performing tattooing and body
piercing. Before performing tattooing and body piercing, the operator
must thoroughly wash his/her hands in hot running water with liquid
anti-microbial soap, then rinse his/her hands and dry with an approved
sanitary method. This shall be done as often as necessary to remove
contaminants.
D.Â
In performing
tattooing and body piercing, the operator shall wear disposable medical
gloves. The gloves shall be discarded at a minimum, after the completion
of each procedure on an individual client.
E.Â
If, while performing tattooing and body piercing, the operator’'s glove is pierced, torn or otherwise contaminated, the contaminated gloves shall be immediately discarded and the procedure in Subsections (D) and (E) above shall be repeated immediately. Any item or other instrument used for tattooing and body piercing which is contaminated during the procedure shall be immediately discarded and replaced before the procedure resumes.
F.Â
Contaminated
waste, as defined in this Chapter, which may release liquid blood
or body fluids when compressed or may release dried blood or body
fluids when handled must be placed in an approved “red”
bag which is marked with the international “biohazard” symbol.
It must then be disposed of by, or delivered to, an approved medical
waste facility pursuant to Federal, State and County regulations.
Sharps ready for disposal shall be disposed of in approved sharps
containers. Contaminated waste which does not release liquid blood
or body fluids when compressed or does not release dried blood or
body fluids when handled may be placed in a covered receptacle and
disposed of through normal, approved disposal methods. Storage of
contaminated waste on-site shall not exceed the period specified by
the Department.
G.Â
Any skin
or mucosa surface to receive a tattooing and body piercing procedure
shall be free of rash, infection or any other visible active pathological
condition.
H.Â
The skin
of the operator who actually performs tattooing and body piercing
activities shall be free of rash, infection or any other visible pathological
condition. No person or operator affected with boils, infected wounds,
open sores, abrasions, exudative lesions, acute respiratory infection,
nausea, vomiting or diarrhea shall work in any area of a tattooing
and body piercing establishment in any capacity in which there is
a likelihood of contaminating tattooing and body piercing Equipment,
supplies or working surfaces with pathogenic organisms.
I.Â
Proof
shall be provided upon request of the Department that all operators
have either completed or were offered and declined, in writing, the
Hepatitis B vaccination series; that antibody testing has revealed
that the operator is immune to Hepatitis B; or that the vaccine is
contraindicated for medical reasons. Contraindication requires a dated
and signed physician’'s statement specifying the name of the
operator and stating that the vaccine cannot be given. This documentation
is to be kept on the premises of the tattooing and body piercing establishment.
For those who decline the Hepatitis B vaccination series, an information
brochure developed by the Department will be provided which explains
the risks of Hepatitis B and treatment options following an exposure
incident.
[Ord. No. 99-149 §8, 12-1-1999]
A.Â
Physicians
licensed by the State of Missouri who utilize tattooing and body piercing
procedures as part of patient treatment are exempt from these regulations.
B.Â
Individuals
who pierce only the outer perimeter and lobe of the ear using a pre-sterilized
encapsulated single-use-stud ear-piercing system are exempt from these
regulations. However, the Department is authorized to investigate
consumers’ complaints alleging misuse of or improper procedures
in the use of the aforementioned system, and to pursue all remedies
under the law.
[Ord. No. 99-149 §9, 12-1-1999]
Verbal and written public educational information, approved
by the Department, shall be required to be given to all clients. Verbal
and written instructions approved by the Department for the care of
the tattooing and body piercing procedure site shall be provided to
each client by the operator upon completion of the procedure. The
written instructions (“instructions”) shall advise the client
to consult the operator or a physician licensed by the State of Missouri
at the first (1st) sign of infection and contain: the name, address
and phone number of the tattooing and body piercing establishment.
The instructions shall be signed and dated by both parties. The operator
shall give a copy of the instructions to the client and retain the
original with all other records required to be maintained under this
Chapter. In addition, all tattooing and body piercing establishments
shall provide clients with written information which advises clients
of the risks and possible consequences of tattooing and body piercing.
[Ord. No. 99-149 §10, 12-1-1999]
The tattooing and body piercing establishment shall keep a record of all persons who have had tattooing and body piercing procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, the name of operator who performed the procedure(s), the type of procedure performed and its location on the client’'s body, the signature of the client and, if the client is a minor, written proof of parental or guardian presence and consent as more particularly described in Section 645.150(A). For tattooing procedures, a record of the specific ink color(s) applied and, when available, the manufacturer, catalogue identification number or supplier invoice of each color(s) used shall also be maintained. All records described in this Chapter shall be retained for a minimum of three (3) years and provided to the Department upon request.
[Ord. No. 99-149 §11, 12-1-1999]
A.Â
Before
performing tattooing and body piercing, the skin of and surrounding
the area where the tattooing and body piercing is to be placed shall
be washed with anti-microbial soap and an antiseptic shall be applied
to that area. If piercing or other procedures penetrating the subcutaneous
layer are to be performed, the area must be cleaned with a fresh antiseptic
solution. If shaving is necessary, safety razors with single service
blades shall be used and discarded after each use. Following shaving,
the skin and surrounding area shall be washed with anti-microbial
soap and the washing pad shall be discarded after a single use.
B.Â
In the
event of blood flow, all products used to check the flow of blood
or to absorb blood shall be used only once and disposed of immediately
after use.
[Ord. No. 99-149 §12, 12-1-1999]
A.Â
All non-disposable
instruments used for tattooing and body piercing shall be cleaned
thoroughly after each use by scrubbing with an anti-microbial soap
solution and hot water or an appropriate disinfectant to remove blood
and tissue residue and placed in an ultrasonic unit which shall remain
on the premises of the tattooing and body piercing establishment and
which will be operated in accordance with the manufacturer’'s
instructions.
B.Â
After
cleaning, all non-disposable instruments used for tattooing and body
piercing shall be packed individually in paper peel-packs and sterilized.
All paper peel-packs shall contain either a sterilizer indicator or
internal temperature indicator. Properly packaged, sterilized and
stored equipment can be stored no more than one (1) year. Paper peel-packs
must be dated with an expiration date not to exceed one (1) year.
Sterile equipment may not be used after the expiration date without
first repackaging and resterilizing.
C.Â
All non-disposable
instruments used for tattooing and body piercing shall be sterilized
in an autoclave at the tattooing and body piercing establishment.
Off-site sterilization is prohibited. The sterilizer shall be used,
cleaned, and maintained according to manufacturer’'s instruction.
A copy of the manufacturer’'s recommended procedures for the
operation of the sterilization unit must be available for inspection
by the Department.
D.Â
Each holder of a license for a tattooing and body piercing establishment shall confirm by monthly spore destruction tests that the sterilizer used in that establishment is capable of attaining sterilization. These tests shall be verified by an independent laboratory, and the test records shall be retained by the establishment for a period of three (3) years and shall be provided to the Department upon request. Failure to provide the Department with documentation of the sterilizer’'s ability to destroy spores shall be deemed an immediate health hazard within the meaning of Section 645.170(B).
E.Â
After
sterilization, instruments used for tattooing and body piercing shall
be stored in a dry, clean cabinet or other tightly covered container
reserved for the storage of such instruments.
F.Â
All instruments
used for tattooing and body piercing shall remain stored in sterile
packages until just prior to performing a tattooing and body piercing
procedure. When assembling instruments used for performing tattooing
and body piercing, the operator shall wear disposable medical gloves
and use techniques to ensure that the instruments and gloves are not
contaminated.
G.Â
All inks,
dyes, and pigments shall be specifically manufactured for performing
tattooing and body piercing procedures and shall not be adulterated.
Immediately before applying a tattoo, the quantity of the dye to be
used for the tattoo shall be transferred from the bottle and placed
into sterile, single-use paper cups or plastic caps. Upon completion
of the tattoo, these single cups or caps and their contents shall
be discarded.
[Ord. No. 99-149 §13, 12-1-1999]
A.Â
All sharps
shall be sterilized prior to use and stored in paper peel-packs.
B.Â
Single-use
items shall not be used on more than one (1) client for any reason.
After use, all single-use needles, razors and other sharps shall be
immediately disposed of in approved sharps containers. Piercing needles
are strictly single use.
C.Â
All tattooing
and body piercing stencils shall be single use and disposable. Petroleum
jellies, soaps and other products used in the application of stencils
shall be dispensed and applied on the area to be tattooed with sterile
gauze or in a manner which prevents contamination of the original
container and its contents. The gauze shall be used only once and
then discarded.
[Ord. No. 99-149 §14, 12-1-1999]
A.Â
Tattooing
and body piercing establishments applying for a license shall submit
a scale drawing and floor plan of the proposed establishment for a
plan review by the Department as part of the license application process.
B.Â
All walls,
floors and ceilings of a tattooing and body piercing establishment
shall be smooth, free of open holes or cracks, light-colored, washable
and in good repair. Walls, floors and ceilings shall be maintained
in a clean condition. All surfaces, including client chairs and benches,
shall be of such construction as to be easily cleaned and sanitized
after each client procedure. All tattooing and body piercing establishments
shall be completely separated by solid partitions, or by walls extending
from floor to ceiling, from any room used for human habitation, a
food establishment or room where food is prepared, a hair salon, retail
sales, or other such activity which may cause potential contamination
of work surfaces.
C.Â
Insects,
vermin and rodents shall not be present in any part of the tattooing
and body piercing establishment, its appurtenances or appertaining
premises.
D.Â
There
shall be a minimum of thirty-five (35) square feet of floor space
for each procedure room. Each tattooing and body piercing establishment
shall have an area which may be screened from public view for clients
requesting privacy. Multiple procedure rooms shall be separated by
wipeable dividers, curtains or partitions.
E.Â
The tattooing
and body piercing establishment shall be well ventilated and provided
with an artificial light source equivalent to at least twenty (20)
foot-candles three (3) feet off the floor, except that at least one
hundred (100) foot-candles shall be provided at the level where the
tattooing and body piercing procedure is being performed, and where
instruments and sharps are assembled.
F.Â
No animals
of any kind shall be allowed in a procedure room except service animals
used by persons with limitations. Small animals confined to a cage
or aquarium are allowed only outside a procedure room.
G.Â
A separate,
readily accessible handsink with hot and cold running water, under
pressure, preferably equipped with wrist- or foot-operated controls,
and supplied with liquid anti-microbial soap and disposable paper
towels shall be readily accessible within the tattooing and body piercing
establishment. One (1) handsink shall serve no more than three (3)
operators. In addition, there shall be a minimum of one (1) lavatory,
excluding any service sinks, and one (1) toilet in a tattooing and
body piercing establishment in a completely enclosed restroom vented
to the outside.
H.Â
At least
one (1) covered waste receptacle shall be provided in each operator
area and each toilet room. Receptacles in the operator area shall
be emptied daily and solid waste shall be removed from the premises
at least weekly. Receptacles in the operator area shall either have
a foot-operated lid or a lid that can and shall remain open during
tattooing and body piercing procedures to prevent hand contact with
the receptacle during a procedure. All refuse containers shall be
lidded, cleanable and kept clean. All refuse containers not in use
shall be kept covered.
I.Â
All instruments
and supplies shall be stored in clean, dry covered containers.
J.Â
If reusable
cloth items, including but not limited to lap-cloths, are used, they
shall be mechanically washed after each client procedure. Reusable
cloth items shall be mechanically washed with detergent and dried.
The cloth items shall be stored in a clean, dry environment. If a
mechanical washer is used on site, a mechanical dryer must also be
used and the dryer must be vented to the outside.
[Ord. No. 99-149 §15, 12-1-1999]
A.Â
Performing
tattooing and body piercing is prohibited on any person under the
age of eighteen (18) without the written consent of that person’'s
parent or legal guardian. That consent shall be on a form provided
by the Department, notarized, and given in person to the operator
by the parent or legal guardian before the tattooing and body piercing
procedure commences. In addition, the parent or legal guardian shall
present photographic identification to the operator and leave with
the operator photocopies of that photographic identification. For
purposes of this Chapter, photographic identification may include
a State driver’'s license or State identification card.
B.Â
Performing
tattooing and body piercing is prohibited on any person who appears
to a reasonable person to be under the influence of alcohol or drugs.
C.Â
Obtaining
or attempting to obtain any tattooing and body piercing establishment
or operator license by means of fraud, misrepresentation or concealment
is prohibited.
[Ord. No. 99-149 §16, 12-1-1999]
Any operator or any tattooing and body piercing establishment
engaged in the business of tattooing and body piercing without a license
required by this Chapter shall be subject to a fine. The fine for
performing tattooing and body piercing without a license shall be
five hundred dollars ($500.00) for each offense; each tattooing and
body piercing procedure performed without a license shall constitute
a separate offense; so shall each day an operator or tattooing or
body piercing establishment offers to perform tattooing and body piercing.
The fine provided by this Section is in addition to any other remedy
available to St. Charles County in the enforcement of this Chapter,
including injunctive relief to prevent that operator or establishment
from performing tattooing and body piercing.
[Ord. No. 99-149 §17, 12-1-1999]
A.Â
If the
holder of any license issued pursuant to this Chapter violates any
provision of this Chapter or that license, the Director shall issue
a warning or shall suspend, revoke, or refuse to renew the license,
as provided herein.
B.Â
No license
shall be suspended or revoked nor shall any application to renew a
license be refused until the licensee has been afforded an opportunity
for a hearing before the Director after notice of at least five (5)
working days, except if the Director determines that the operation
constitutes an immediate hazard to public health or the licensee interferes
with the Department’'s performance of its duties. Such interference
includes refusal to permit access to the premises of a licensee’'s
tattooing and body piercing establishment.
C.Â
Warnings
and notices of violation and hearing shall be served either personally
or by certified mail, postage pre-paid, to the licensee's address
of record. Notices of violation and hearing shall state the date,
time and place of hearing and set forth the charges against the licensee.
D.Â
The Director
shall have the authority to swear witnesses. A licensee shall have
the opportunity to present evidence and/or witnesses before the Director
or by counsel. A record of the hearing shall be made. The Director
shall issue a decision in writing, either suspending, revoking, or
not renewing the license or finding in favor of the licensee within
five (5) working days of the conclusion of the hearing.
E.Â
Except as provided in Subsection (F) of this Section, the Director shall sanction violations by licensees as provided in Section 645.180 and/or as follows.
1.Â
Upon
a first (1st) violation of this Chapter, the Director shall send,
by certified mail to the licensee's address of record, a written warning
advising the licensee of the violation and requiring its correction
within a reasonable time to be determined by the Director.
2.Â
Upon
finding after a hearing a second (2nd) violation of this Chapter within
two (2) years by the same operator or establishment, the Director
shall suspend that operator’'s or establishment'’s license
for up to thirty (30) business days.
3.Â
Upon
finding after a hearing a third (3rd) violation within two (2) years
of this Chapter by the same operator or establishment, the Director
shall suspend that operator’'s or establishment’'s license
for up to ninety (90) business days.
4.Â
Upon
finding after a hearing a fourth (4th) violation within two (2) years
of this Chapter by the same operator or establishment, the Director
shall revoke that operator’'s or establishment’'s license
and shall not issue a new license to that operator or establishment
for one (1) year thereafter.
F.Â
In case of violations of Section 645.150, Subsections (A) or (B) of this Chapter, the Director shall sanction violations by licensees as provided in Section 645.180 and/or as follows.
3.Â
Upon finding after a hearing a third (3rd) violation of Subsections (A) or (B) within two (2) years by the same operator or establishment, the Director shall revoke that operator’'s or establishment’'s license, and shall not issue a new license to that operator or establishment for three (3) years thereafter.
H.Â
The decision
of the Director shall be final subject to appeal under Chapter 536,
RSMo.
[Ord. No. 99-149 §18, 12-1-1999]
A.Â
Upon
a finding by the Director that any operator has violated this Chapter,
the licensee shall be fined as follows:
1.Â
A fine
of not less than two hundred fifty dollars ($250.00) for the first
(1st) violation within a two (2) year period.
2.Â
A fine
of not less than five hundred dollars ($500.00) for the second (2nd)
violation within a two (2) year period.
3.Â
A fine
of not less than seven hundred fifty dollars ($750.00) for the third
(3rd) violation within a two (2) year period.
4.Â
A fine
of not less than one thousand dollars ($1,000.00) for any additional
violation within a two (2) year period.
|
|
The license shall also be subject to suspension or revocation
as provided in this Chapter.
|
[Ord. No. 99-149 §19, 12-1-1999]
If an operator violates this Chapter while performing tattooing
and body piercing, the establishment shall also be deemed to be in
violation and the establishment license shall also be subject to warnings,
administrative penalties, suspension or revocation in accordance with
this Chapter.
[Ord. No. 99-149 §20, 12-1-1999]
A.Â
The Department
shall ensure compliance with this Chapter through inspections made
annually or more often if the Department deems it necessary.
B.Â
The Department
is hereby authorized to promulgate the necessary training documents
and rules to implement this Chapter.
C.Â
The enforcement
of the regulations established by this Chapter shall be the responsibility
of the County Counselor.
