[Ord. No, 1097-07-06 §1, 4-19-2007]
A. It shall be unlawful for any person to own or operate a tattoo establishment and/or a body piercing establishment in the City limits of the City of Palmyra, Missouri, without having first obtained a business license in accordance with the provisions of Chapter
607 of the Code of Ordinances of the City of Palmyra.
B. Any person
desiring to operate a tattoo establishment and/or a body piercing
establishment shall make an application for a business license containing
the following information:
1. Name,
address, and daytime telephone number of applicant.
2. If a
partnership, the names and addresses of each partner.
3. If a
corporation, the name and address of each officer, director, shareholder,
and the name and address of the resident agent of the corporation.
4. If a
corporation, a certificate of good standing issued by the Secretary
of State of the State of Missouri.
5. A plat
or drawing of the proposed location for such establishment, and a
plat or drawing of the interior of the proposed premises showing the
dimensions thereof, and indicating the location of all furniture,
equipment, and appliances to be used in connection with such establishment.
6. The
proposed hours of operation for such establishment.
7. A complete
description of all tattoo services and/or body piercing services to
be provided.
8. Written
proof of age with State issued photo identification.
9. Documentation
verifying that the applicant has or will maintain in full force and
effect a policy of liability and malpractice insurance issued by an
insurance company licensed to do business in the State of Missouri
covering death, personal injury and property damage in the minimum
amount of one million dollars ($1,000,000.00) per person and per occurrence.
10. Valid
certification by a professional tattooist organization or professional
body piercing organization, or diploma from a recognized school of
tattooing and/or body piercing.
11. A
statement in writing from a licensed physician that the physician
has examined the applicant within thirty (30) days of the date the
application is filed with the City, and that the applicant is free
of all communicable diseases.
12. Written
certification from a physician of current Hepatitis A and Hepatitis
B vaccination for applicant.
13. Written
verification of training of applicant in disease prevention and bloodborne
pathogens.
C. Business License — Issuance.
1. Upon
receipt of such application and payment of the business license fee,
the City shall issue a business license to the applicant for such
establishment, except as otherwise provided herein.
2. No license
issued under the provisions of this Chapter shall be transferable.
3. Any
license issued under the provisions of this Chapter shall be conspicuously
posted or displayed by the applicant during all business operations
by such applicant.
4. No license
shall be issued under the provisions of this Chapter to any person,
firm or corporation until all tangible personal property taxes and
real estate taxes owing by such applicant, if any, shall have been
fully paid.
5. A license
issued under the provisions of this Chapter shall be valid for a period
of twelve (12) months after the date the license is issued. Such license
may be renewed thereafter annually on or before the anniversary date
on which the original license was issued upon payment of a renewal
fee as provided in this Chapter. No such license may be renewed unless
the applicant submits a statement in writing from a licensed physician
that the physician has examined the applicant within thirty (30) days,
and that the applicant is free of all communicable diseases, along
with a written certification from a physician of current Hepatitis
A and Hepatitis B vaccination for applicant. No such license may be
renewed if the applicant or licensee is in violation of, or has been
in violation of, any provisions of this Chapter within the preceding
twelve (12) months.
D. Business License — Fee. The fee for the business license
provided in this Chapter shall be the sum of three hundred dollars
($300.00). The fee for any renewal license as provided in this Chapter
shall be three hundred dollars ($300.00).
[Ord. No. 1097-07-06 §1, 4-19-2007]
For purposes of this Chapter, the following words and phrases
shall be defined as follows:
APPLICANT
Any person who applies for a license as required by this
Chapter.
BODY PIERCING
Any perforation, penetration or puncturing of human tissue,
other than the ear, for a non-medical purpose, by the use of needles,
studs, posts or any other instruments, thereby creating an opening
into or through the tissue in which either studs, posts, ornaments,
jewelry or similar items are or can be inserted, or on which markings
are left.
EMPLOYEE
Any person, other than an operator, who renders any service
to the licensee or to a customer of the licensee.
MINOR
Any person under the age of eighteen (18) years.
PERSON
Any individual, firm or corporation, owner or operator of
a tattooing establishment and/or a body piercing establishment.
TATTOOING
Any method of placing indelible designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin with ink
or colors, by aid of needles or other instruments, or an indelible
design made on the body by production of scars other than by branding.
[Ord. No. 1097-07-06 §1, 4-19-2007]
A. No person
shall tattoo or perform body piercing on a minor without the written
consent of the minor's parent or legal guardian.
B. Tattoos
and body piercing shall not be performed on any person under the influence
of drugs or alcohol. The licensee, and the employees or agents of
the licensee, are charged with the responsibility of making reasonable
observation and inquiry to assure that the patron or customer is not
under the influence of alcohol or drugs.
C. All ink
used in tattooing shall be sterile and of a type recommended for tattooing.
D. Ink used
for tattooing shall be poured into single service disposable sterile
caps, ink cups, or trays and not reused from one person to another
person. Caps, cups, and needles shall be discarded after each use,
through a licensed biomedical waste disposal company.
E. The licensee,
employees and agents of the licensee, must advise each customer or
patron before administering a tattoo that the tattoo should be considered
permanent, that the tattoo can only be removed with a surgical procedure,
and that any effective removal may leave permanent scarring and disfigurement.
Such notice must be in writing and shall be signed by the customer
or patron and retained on file at the establishment for a period of
at least three (3) years.
F. The room
in which tattooing or body piercing is done shall have an area of
not less than one hundred (100) square feet. The walls and floors
of such room shall have an impervious, smooth and washable surface.
G. All tattoo
or body piercing establishments shall be kept clean and well lighted
so that the rear of the premises is plainly visible from the front
of such premises.
H. A bathroom
with a toilet and sink shall be located on the premises of any tattoo
or body piercing establishment, and shall be accessible to employees,
customers and patrons at all times that the establishment is open
for business. Such bathroom shall be supplied with hot and cold running
water, soap and sanitary towels.
I. The premises
and equipment of each establishment shall be maintained in a clean,
sanitary condition and in good repair.
J. Each
person administering or performing a tattoo or body piercing on another
person shall wash their hands thoroughly with soap and water before
starting the tattoo or body piercing, and the hands shall be thoroughly
dried with individual, single-use towels.
K. No tattoo
shall be made on any skin surface that has rash, pimples, boils, infections
or manifest any evidence of unhealthy conditions.
[Ord. No. 1097-07-06 §1, 4-19-2007]
Notwithstanding any other provision contained in this Chapter,
no business license for a tattoo establishment and/or a body piercing
establishment shall be issued if such license would increase the number
of licenses currently in effect to more than one (1).
[Ord. No. 1097-07-06 §1, 4-19-2007]
Notwithstanding any other provision in this Chapter or in the
Code of Ordinances of the City of Palmyra, no business license for
a tattoo establishment and/or a body piercing establishment shall
be issued if the building on the premises of the proposed establishment
is within seven hundred fifty (750) feet of an elementary or secondary
school. For purposes of this Section, the distance between the school
and the building of the proposed establishment shall be considered
to be the distance between the nearest point of the building used
for school purposes and the nearest point of the building located
on the premises of the proposed establishment.
[Ord. No. 1097-07-06 §1, 4-19-2007]
Business shall only be conducted at a tattoo establishment and/or
a body piercing establishment between the hours of 7:00 A.M. and 10:00
P.M.
[Ord. No. 1097-07-06 §1, 4-19-2007]
Any person, firm or corporation violating the provisions of
this Chapter shall be fined not less than ten dollars ($10.00) nor
more than five hundred dollars ($500.00), and each day of violation
shall constitute a separate offense.