[Ord. No. 4346, 7-18-2022]
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 non-medical
purpose.
BRANDING
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
MINOR
A person under the age of eighteen (18).
OFFICIAL
The City Manager or his or her designee.
OPERATOR
A person who practices the art of tattooing licensed by the
State of Missouri.
PERSON
Any individual, firm or corporation, owner or operator of
a tattooing establishment
TATTOOING
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks by the insertion of pigment under the skin
with ink or colors or an indelible design made on the body of another
person by production of scars other than branding.
[Ord. No. 4346, 7-18-2022]
A. No
person shall operate a tattoo shop within the City limits of the City
without first obtaining a license from the Director of the Division
of Professional Registration from the State of Missouri and without
first obtaining a license from the City Clerk, paying all taxes, if
any, due to the City and complying with the Code of Ordinances and
all rules and regulations of the City, all State Statutes, including
Chapter 324, RSMo., and complying with all of the State regulations,
including 20 CSR 2267. All licenses shall be posted in public view
on the premises.
B. No
permit shall be issued permitting the operation of any tattoo establishment
within five hundred (500) feet of any school building; except, however,
this restriction shall not apply to the issuance of a permit for an
establishment already in operation at the time this Chapter becomes
effective.
C. Any
tattoo 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
City Manager, or his or her designee, shall make a re-inspection and
thereafter as many additional re-inspections as he or she may deem
necessary to assure himself or herself that the applicant is again
complying with requirements of this Chapter and if in case the findings
indicate compliance, shall reinstate the permit.
[Ord. No. 4346, 7-18-2022]
A. Disease.
No person, while affected with any disease in a communicable form
or while a carrier of any communicable disease or while affected with
boils, infected wounds, sores or respiratory infections, shall engage
in tattooing.
B. Cleanliness.
All persons engaged in tattooing shall maintain a high degree of personal
cleanliness while on duty. Each person shall wash their hands before
starting tattooing and after each tattooing process is completed.
[Ord. No. 4346, 7-18-2022]
The City shall cause the City Manager, or his or her designee,
to inspect all tattooing shops at least once every six (6) months
to determine compliance with this Chapter.
[Ord. No. 4346, 7-18-2022]
A. 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
provided 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 may be before the City Council. Said operator may be represented
at said opportunity to respond by a representative, in person or both.
B. Any
person maintaining, conducting, operating or managing any tattooing
establishment must comply with the following regulations:
1. General Regulations.
a. No tattoo shall be administered to any person less than eighteen (18)
years of age unless such person obtains the prior written informed
consent of the minor's parent or legal guardian. 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 body piercing on the minor or in the presence of an employee or
agent of such person. Where there is doubt about such age, the tattooist
will obtain proof of age before the tattoo procedure is done. Reasonable
reliance on any State-approved identification shall be a defense to
any action for a violation of this provision.
b. Before administering a tattoo, the patron must be advised that the
tattoo 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. 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.
c. The skin surface to be tattooed 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, generally free of all appearances of
pathological conditions.
d. Tattoos shall not be administered to any person under the influence
of drugs or alcohol and the tattooist is charged with the responsibility
of making reasonable observation and inquiry to assure himself or
herself that the patron is, in fact, sober and not under the influence
of drugs or alcohol.
e. Written instructions regarding the proper care of the tattooed skin
as a precaution against infections shall be provided to each patron
following the tattoo procedure.
f. The regulation herein provided shall in no way be construed to allow
nor permit the removal of any tattoo nor shall the tattoo operator
perform or attempt to perform any procedure which is intended to remove
any tattoo.
Any attempt by a tattoo operator to perform a tattoo removal
procedure shall result in the immediate suspension of the license
and a show cause hearing as to why the license should not be revoked.
The above procedure shall not preclude prosecution of the tattoo operator
during the same period of suspension.
g. No person under the age of eighteen (18) shall tattoo, brand or perform
body piercing on another person.
[Ord. No. 4346, 7-18-2022]
A. No
person shall perform body piercing on a minor unless such person obtains
the prior written informed consent of the minor's parent or legal
guardian. 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 body piercing on the minor or in the
presence of an employee or agent of such person.
B. Any
person who shall violate the provisions of this Section shall be deemed
guilty of an ordinance violation.
[Ord. No. 4346, 7-18-2022]
A. No
person shall perform branding on a minor unless such person obtains
the prior written informed consent of the minor's parent or legal
guardian. 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 body piercing on the minor or in the
presence of an employee or agent of such person.
B. Any
person who shall violate the provisions of this Section shall be deemed
guilty of an ordinance violation.
[Ord. No. 4346, 7-18-2022]
A. Premises
and equipment must be maintained in a sanitary manner. This includes
physical cleanliness as well as antiseptic precautions.
B. All
tattoo parlors 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.
C. All
tattoo parlors shall be well lit in all cleaning and working areas.
D. All
tattoo parlors shall have ventilation as required applicable ordinances/rules
and regulations of the City.
E. All
tattoo parlors shall be of sufficient size to accommodate required
equipment and business done therein.
F. Floors,
walls and ceilings shall be clean and in good repair and maintained
in a clean condition.
G. Adequate
equipment and facilities shall be provided for the disposition of
cigarette butts and other disposal items.
H. 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.
I. 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.
J. The
City Manager, or his or her designee, shall be permitted access to
all areas of the premises and records during regular business hours.
[Ord. No. 4346, 7-18-2022]
A. General
Requirements. All ink used in tattooing shall be sterile and of a
type recommended for tattooing.
B. Containers.
Ink shall be in individual containers and not reused from one (1)
patient to another. No large containers of ink or color materials
shall be used. Instead, small color capsules shall be used to preclude
or mitigate against the possibility of contamination of sterile items
for each patron and be discarded after use.
[Ord. No. 4346, 7-18-2022]
A. Neither
the patron or tattoo operator shall consume or bring food or drink
into the tattooing area and shall not smoke during the procedure or
in the room(s) where the tattooing takes place.
B. The
tattoo operator must be free from communicable disease while administering
tattoos and present no postural lesions of the hands or arms.
C. Immediately
before administering a tattoo, the tattoo operator must thoroughly
wash his or her hands in hot water with soap, using a short-bristled
brush and then dry the hands with a disposable paper towel.
D. All
tattoo operators shall wear new disposable gloves during each tattoo
procedure, which gloves shall be changed after each tattoo procedure.
E. The
tattoo operator shall wear a clean and easily cleanable smock while
administering the tattoo procedure.
F. The
tattoo operator, while administering a tattoo, shall wear an effective
hair restraint, must have clean fingernails and shall in general pay
particular attention to his or her personal hygiene.
G. The
skin surrounding the area where the tattoo is to be placed shall first
be wished with a germicidal soap and then shaved with a disposable
blade. Following shaving, the skin must be gently scrubbed with seventy
percent (70%) isopropyl alcohol, using a sterile gauze pad which shall
be disposed of after use.
H. Individual
razor blades shall be used when customer is shaved and razor then
disinfected and prepared between each use.
I. During
any phase of the tattoo procedure, should the tattoo operator be interrupted
for other duties, i.e., answering phone, etc., the tattoo operator
shall wash his or her hands before resuming the tattoo procedure.
J. All
infections resulting from the practice of tattooing shall be reported
to the Director of Professional Registration for the State of Missouri
by the person owning or operating the tattooing establishment.
[Ord. No. 4346, 7-18-2022]
No license for operating a tattoo establishment shall be issued
when the issuance thereof would increase the number of such licenses
outstanding and in force at that time to more than two (2) per three
thousand seven hundred (3,700) residents within the City, according
to the last decennial census of the United States.
[Ord. No. 4346, 7-18-2022]
No tattoo establishment operating within the City shall be open
for business after Midnight or before 6:00 A.M.