[R.O. 1994 § 611.010; Ord. No.
98-28 § 1, 10-27-1998]
The following definitions apply to this Chapter:
BODY PIERCING
The perforation of human tissue other than an ear for a nonmedical
purpose.
DERMAGRAPHIC TECHNICIAN
A person trained in the technique of applying micro insertions
of natural pigments to the dermal layer of the skin.
DIRECTOR
The Director of Health Services of City of Lake Ozark, Missouri,
the designee of the Director of Health Services.
OPERATOR
A dermagraphic technician or tattooist or a piercer.
PATRON
A person being tattooed at a tattoo establishment or pierced
at a piercing establishment.
PIERCER
A person who engages in piercing.
TATTOO
One 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.
[R.O. 1994 § 611.020; Ord. No.
98-28 § 1, 10-27-1998]
A. It shall be unlawful for any person to tattoo another person except
at a tattoo establishment which has a current tattoo establishment
permit issued by the City Clerk.
B. It shall be unlawful for any person to pierce another person except
at a piercing establishment which has a current piercing establishment
permit issued by the City Clerk.
C. Any person desiring a tattoo establishment permit or a body piercing
permit shall make written application for a permit on forms provided
by the City Clerk. The application shall include the applicant's
full name, address, telephone number, location of the proposed tattoo
establishment, and such other information as the City Clerk requires
to enforce the provisions of this Chapter.
D. After receipt of an application for a tattoo establishment permit
or a body piercing permit, the Director shall inspect the proposed
establishment to determine compliance with the provisions of this
Chapter. If applicable requirements of this Chapter have been met,
the City Clerk, upon certification by the Director, shall issue the
requested establishment permit.
E. A permit for a tattoo establishment or body piercing establishment
may be granted at any time during the year, but all such permits shall
expire on the 30th day of the next succeeding June. Tattoo establishment
permits and body piercing establishment shall not be transferable.
F. The tattoo establishment permit and body piercing establishment permit
and all regulations of the Director shall be posted at all times in
a conspicuous place in the tattoo establishment or the body piercing
establishment.
G. Any permit required by this Section shall be in addition to the State
license required by Section 324.522, RSMo.
[R.O. 1994 § 611.030; Ord. No.
98-28 § 1, 10-27-1998]
A. Tattoo establishment and body piercing establishment permits may
be suspended by the Director for failure of the holder to comply with
the requirements of this Chapter. Whenever the Director finds unsanitary
or other conditions in the operation of a tattoo establishment or
body piercing establishment which, in his judgment, constitutes a
substantial hazard to the public health, the Director may issue a
written notice to the permit holder citing such condition, specifying
the corrective action to be taken, and specifying the time period
within which such action shall be taken. If deemed a substantial hazard
to the public health, such order shall state that the permit is immediately
suspended and all tattoo operations or body piercing are to be immediately
discontinued. Any person to whom such an order is issued shall comply
immediately, but upon written petition to the Director, shall be afforded
a hearing within five (5) days.
B. Any person whose permit has been suspended may at any time make application
for a reinspection for the purpose of reinstatement of the permit.
Within five (5) business days following the receipt of a written request,
the health authority shall make a reinspection. If the applicant is
complying with the requirements of this Chapter, the permit shall
be reinstated.
C. For serious or repeated violations of any of the requirements of
this Chapter or for the interference with the Director in the performance
of the Director's duties, the permit may be permanently revoked
after an opportunity for a hearing has been provided by the Director.
Prior to such action, the Director shall notify the permit holder
in writing, stating the reasons for which the permit is subject to
revocation and advising that the permit shall be permanently revoked
at the end of ten (10) days following service of such notice, unless
a request for a hearing is filed with the Director, by the permit
holder, within such ten-day period. A permit may be suspended for
cause pending its revocation or a hearing on the revocation. Appeal
from the action of the Director may be made to the Circuit Court pursuant
to Chapter 536, RSMo.
D. The hearings provided for in this Section shall be conducted by the
Director in accordance with the requirements of Chapter 536, RSMo.
[R.O. 1994 § 611.040; Ord. No.
98-28 § 1, 10-27-1998]
A. Operators shall comply with the following regulations:
1.
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 Class B misdemeanor.
2.
No patron shall be tattooed or body pierced unless the patron
has signed a cautionary notice advising the patron that the procedure
should be considered permanent, that it can be removed only with a
surgical procedure and that any effective removal may leave permanent
scarring and disfigurement. The cautionary notice shall be retained
on file at the tattoo establishment or body piercing establishment.
3.
The skin surface to be tattooed or pierced must be free of rash,
pimples, infection or recent scar tissue. The patron must be in apparent
good health and the skin to be tattooed or pierced must be generally
free of all appearances of pathological conditions. The skin must
not appear jaundiced (yellowed).
4.
Tattooing or body piercing shall not be administered to any
person under the influence of drugs or alcohol. The operator is responsible
for making reasonable observation and inquiry to assure himself that
the patron is sober and not under the influence of drugs.
5.
An operator shall provide written instructions, approved by
the Director, regarding the proper care of the tattooed skin as a
precaution against infections to each patron following a tattoo procedure.
6.
An operator shall not perform or attempt to perform any procedure
intended to remove a tattoo. Any attempt by an operator to perform
a tattoo removal procedure shall be grounds for revocation of the
tattoo establishment permit.
7.
Operators shall have received the Hepatitis B vaccine. The Health
Department may make this available to operators at cost. The Director
may waive this requirement for good cause.
[R.O. 1994 § 611.050; Ord. No.
98-28 § 1, 10-27-1998]
A. Operators shall comply with the following regulations:
1.
Tattoo establishments and body piercing establishments and equipment
shall be maintained in a sanitary manner. This includes physical cleanliness
as well as antiseptic precautions.
2.
Tattoo establishments and body piercing establishments shall
be equipped with hot and cold running water. Adequate toilet facilities
with soap and towels properly installed and in compliance with applicable
ordinances, rules and regulations of the City shall be provided.
3.
The premises shall be kept clean and free of vermin at all times.
There shall be no fly or mosquito breeding places or rodent harborages
on the premises. Animals shall not be allowed in the tattooing or
body piercing room. Litter shall not be permitted to accumulate on
the premises.
4.
Tattoo establishments and body piercing establishments shall
be well lit with not less than fifty (50) foot-candles in all cleaning
and working areas.
5.
Tattoo establishments and body piercing establishments shall
have ventilation as required by applicable ordinances, rules and regulations
of the City.
6.
Floors, walls and ceilings of tattoo establishments and body
piercing establishments shall be clean and in good repair.
7.
Adequate equipment and facilities shall be provided for the
disposition of cigarette butts and other disposable items.
8.
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.
9.
The Director shall be permitted access to all areas of the premises
and all records at any reasonable time.
[R.O. 1994 § 611.060; Ord. No.
98-28 § 1, 10-27-1998]
A. Tattoo establishment operators shall comply with the following regulations:
1.
Non-reusable items such as needles, gauze and styptic pencils
shall be treated as contaminated and be disposed of in appropriate
isolation boxes in accordance with State and Federal guidelines.
2.
Individual cups of ink or colors shall be used for each patron
and shall be discarded after use.
3.
Needles and other instruments used in administering the tattoo,
including hand pieces, needle bars and razor holders, must be thoroughly
rinsed and sterilized after each use. All styptic pencils, gauze,
gloves and similar items shall be used for one (1) patron only and
disposed of immediately after use.
4.
Sterilization of equipment shall be done by steam pressure sterilization
(autoclave) for a minimum of thirty (30) minutes at two hundred seventy
degrees Fahrenheit (270° F.) followed by a drying time of not
less than fifteen (15) minutes.
a.
To prepare for steam pressure sterilization, each needle shall
be flushed with distilled water and left distinctly moist immediately
before the sterilization process is initiated. The tubes containing
the needles shall rest on their sides in the sterilizer to facilitate
the air removal and steam contact to each tube and needle.
b.
When an autoclave procedure is used, indicator tape or other
acceptable test method shall be used to check the effectiveness of
sterilization. A daily log shall be kept of tests of equipment.
c.
Records of methods of sterilization and temperature cycle for
each sterilization process shall be kept on file for inspection by
the Director.
d.
All instruments and needles 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. Individual transfers of
tattoo designs shall be used once and discarded.
f.
All furniture or items splashed with blood or body fluid shall
be cleaned with a bacterial cleaner.
g.
All tubes, hoses and reusable equipment shall be cleaned with
soap and water or ultrasounded double wrapped in sterilizer paper
or in peel pouches and appropriately sterilized.
[R.O. 1994 § 611.070; Ord. No.
98-28 § 1, 10-27-1998]
A. Body piercing establishment operators shall comply with the following
regulations:
1.
Non-reusable items such as needles, gauze and styptic pencils
shall be treated as contaminated and be disposed of in appropriate
isolation boxes in accordance with State and Federal guidelines.
2.
Individual needles shall be used for each patron and shall be
discarded after use.
3.
Needles and other instruments used in administering the piercing,
including hand pieces, forceps and razor holders, must be thoroughly
rinsed and sterilized after each use. All styptic pencils, gauze,
gloves and similar items shall be used for one (1) patron only and
disposed of immediately after use.
4.
Sterilization of equipment shall be done by steam pressure sterilization
(autoclave) for a minimum of thirty (30) minutes at two hundred seventy
degrees Fahrenheit (270° F.) followed by a drying time of not
less than fifteen (15) minutes.
a.
To prepare for steam pressure sterilization, each needle shall
be flushed with distilled water and left distinctly moist immediately
before the sterilization process is initiated. The tubes containing
the needles shall rest on their sides in the sterilizer to facilitate
the air removal and steam contact to each tube and needle.
b.
When an autoclave procedure is used, indicator tape or other
acceptable test method shall be used to check the effectiveness of
sterilization. A daily log shall be kept of tests of equipment.
c.
Records of methods of sterilization and temperature cycle for
each sterilization process shall be kept on file for inspection by
the Director.
d.
All instruments and needles shall be stored in a closed metal
or glass container.
e.
All furniture or items splashed with blood or body fluid shall
be cleaned with a bacterial cleaner.
f.
All tubes, hoses and reusable equipment shall be cleaned with
soap and water or ultrasounded double wrapped in sterilizer paper
or in peel pouches and appropriately sterilized.
[R.O. 1994 § 611.080; Ord. No.
98-28 § 1, 10-27-1998]
A. Tattoo establishment and body piercing establishment operators shall
comply with the following regulations:
1.
Neither the patron or the operator shall consume or bring food
or drink into the work area and shall not smoke during the procedure
or in the room where the tattooing or body piercing takes place.
2.
The operator must be free from communicable disease while working
and present no pustular lesions of the hands or arms.
3.
The operator's hands shall be thoroughly washed in hot
water with soap, using a short-bristled brush and dried with a disposable
paper towel immediately before tattooing or body piercing. If the
operator interrupts the procedure to perform other duties, the operator's
hands shall be washed again in the manner provided in this Section
before resuming the procedure.
4.
The operator shall wear a clean and easily cleanable smock and
latex/rubber single-use disposable gloves while tattooing or body
piercing.
5.
The operator while tattooing or body piercing shall wear an
effective hair restraint, shall have clean fingernails and shall be
generally clean and free from offensive body odors.
6.
The skin surrounding the area where the tattoo is to be placed
shall first be washed with germicidal soap and then shaved with a
disposable razor.
7.
Individual razor blades shall be used when the patron is shaved
and disposed of in an isolation container.
8.
The tattoo shall be bandaged with a sterile non-stick type bandage
when the procedure has been completed.
9.
All infections resulting from tattooing shall be reported within
five (5) business days to the Director by the person owning or operating
the tattoo establishment. The operator shall advise the patron to
seek appropriate medical treatment for the infection.