City of Lake Ozark, MO Tattooing and Body Piercing

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.

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.

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.

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.

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.

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.

Any permit required by this Section shall be in addition to the State license required by Section 324.522, RSMo.

Section 611.030 Suspension And Revocation Of Permits.

[R.O. 1994 § 611.030; Ord. No. 98-28 § 1, 10-27-1998]

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.

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.

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.

The hearings provided for in this Section shall be conducted by the Director in accordance with the requirements of Chapter 536, RSMo.

Section 611.040 General Regulations.

[R.O. 1994 § 611.040; Ord. No. 98-28 § 1, 10-27-1998]

Operators shall comply with the following regulations:

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.

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.

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).

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.

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.

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.

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.

Section 611.050 Regulation Of Premises.

[R.O. 1994 § 611.050; Ord. No. 98-28 § 1, 10-27-1998]

Operators shall comply with the following regulations:

Tattoo establishments and body piercing establishments and equipment shall be maintained in a sanitary manner. This includes physical cleanliness as well as antiseptic precautions.

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.

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.

Tattoo establishments and body piercing establishments shall be well lit with not less than fifty (50) foot-candles in all cleaning and working areas.

Tattoo establishments and body piercing establishments shall have ventilation as required by applicable ordinances, rules and regulations of the City.

Floors, walls and ceilings of tattoo establishments and body piercing establishments shall be clean and in good repair.

Adequate equipment and facilities shall be provided for the disposition of cigarette butts and other disposable items.

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.

The Director shall be permitted access to all areas of the premises and all records at any reasonable time.

Section 611.060 Regulation Of Tattoo Equipment.

[R.O. 1994 § 611.060; Ord. No. 98-28 § 1, 10-27-1998]

Tattoo establishment operators shall comply with the following regulations:

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.

Individual cups of ink or colors shall be used for each patron and shall be discarded after use.

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.

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.

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.

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.

Records of methods of sterilization and temperature cycle for each sterilization process shall be kept on file for inspection by the Director.

All instruments and needles shall be stored in a closed metal or glass container.

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.

All furniture or items splashed with blood or body fluid shall be cleaned with a bacterial cleaner.

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.

Section 611.070 Regulation Of Body Piercing Equipment.

[R.O. 1994 § 611.070; Ord. No. 98-28 § 1, 10-27-1998]

Body piercing establishment operators shall comply with the following regulations:

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.

Individual needles shall be used for each patron and shall be discarded after use.

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.

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.

Records of methods of sterilization and temperature cycle for each sterilization process shall be kept on file for inspection by the Director.

All instruments and needles shall be stored in a closed metal or glass container.

All furniture or items splashed with blood or body fluid shall be cleaned with a bacterial cleaner.

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.

Section 611.080 Minimum Aseptic Technique.

[R.O. 1994 § 611.080; Ord. No. 98-28 § 1, 10-27-1998]

Tattoo establishment and body piercing establishment operators shall comply with the following regulations:

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.

The operator must be free from communicable disease while working and present no pustular lesions of the hands or arms.

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.

The operator shall wear a clean and easily cleanable smock and latex/rubber single-use disposable gloves while tattooing or body piercing.

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.

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.

Individual razor blades shall be used when the patron is shaved and disposed of in an isolation container.

The tattoo shall be bandaged with a sterile non-stick type bandage when the procedure has been completed.

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.