[Ord. No. 1632 §1, 8-18-1992]
As used in this Chapter the following words shall have the meanings set out herein:
- CERTIFICATE OF INSPECTION
- Written approval from the Health Officer or his authorized representative that said tattooing establishment has been inspected and meets all of the terms of this Chapter relating to physical facilities, equipment and layout for operation of such business.
- HEALTH OFFICER
- A single term which shall mean the City Health Officer or his authorized representative.
- Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another.
- A structure or building in which a tattoo parlor is situated.
- TATTOO ESTABLISHMENTS
- Commonly referred to as tattoo parlors, means any establishment in which the act or practice of marking the human skin with patterns, pictures, legends or words by making punctures in it and inserting pigments is conducted.
- TATTOO, TATTOOED OR TATTOOING
- Referred to any methods of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.
[Ord. No. 1632 §II, 8-18-1992]
In order to regulate tattoo establishments and to protect the peace, safety and welfare of the residents of the City of Pacific, it shall be unlawful for any person to engage in the business of operating a tattoo establishment without first obtaining a license to engage in such business in accordance with the provisions hereof.
[Ord. No. 1632 §III, 8-18-1992]
An application for a license shall be accompanied by a fee in the amount of twenty-five dollars ($25.00); provided however, that no application fee shall be required for renewal of an existing license. Any change of ownership shall require a new application and license with payment of fees therefore, a separate license is required for each tattoo establishment.
[Ord. No. 1632 §IV, 8-18-1992]
The license fee for engaging in the business of operating a tattoo establishment within the City of Pacific shall be twenty-five dollars ($25.00) per annum and said license shall be on a yearly basis beginning July first (1st) of each year and may be apportioned on a semi-annual basis and shall be non-transferable.
[Ord. No. 1632 §V, 8-18-1992]
Every person applying for a tattoo establishment license shall file a written application and plat with the Health Officer setting forth his qualifications as follows:
Name, address, birth date and place of birth.
His employment background for twelve (12) years prior to the date of application and whether any previous business or occupational license, including any alcoholic beverage license and tattoo establishments license has been revoked and for what reasons.
Such other facts relevant to the general personal history of the applicant as he or the Health Officer shall find necessary to a fair determination of the applicant's eligibility for a license.
The applicant shall also file a plat or drawing of the proposed premises showing the dimensions thereof together with the proposed number and location of the tattoo chairs and also indicating the location of all doorways, windows, lights, entrances and exits to the premises and the restroom facilities and such plat shall remain as a part of the record concerning the application and premises.
[Ord. No. 1632 §VI, 8-18-1992]
In addition to the application and plat, the applicant for a tattoo establishment license shall also file with the Health Officer, together with the application and plat, a written petition in favor of the issuance of such license signed by a majority of the persons, if any, occupying premises or conducting any business on the main surface floor within the prescribed petition circle drawn by a radius of seven hundred fifty (750) feet plus one-half (½) of the width of the front of the premises from the center of such premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.
[Ord. No. 1632 §VII, 8-18-1992]
The Health Officer shall not approve or issue a license for the operator of a tattoo establishment or premises within seven hundred fifty (750) feet of an elementary or secondary school. For purposes of this Section, the distance between the elementary or secondary school and the tattoo establishment premises shall be considered to be the distance between the nearest point of the building used for school purposes.
[Ord. No. 1632 §VIII, 8-18-1992]
The Health Officer, in his discretion, may approve such application if he is satisfied that the applicant is of good moral character and that the applicant has given evidence that he will be able to operate the premises in compliance with all regulations and laws governing such premises and the applicant is a resident of the State and his neighborhood consent petition is in due form and the applicant's premises are not within seven hundred fifty (750) feet of an elementary or secondary school as provided. The Health Officer may propose and require changes in the premises in regard to the doorways, windows, lights, entrances, exits and toilet facilities and in regard to the number and location of tattoo chairs before granting his approval of the application.
[Ord. No. 1632 §IX, 8-18-1992]
All tattoo establishments shall be open duly between the hours of 8:00 A.M. and 10:00 P.M., Central Standard Time or Daylight Savings Time, whichever shall be in effect. All tattoo establishments shall have all patrons removed and the doors locked by the closing time mentioned herein and shall suffer no persons subject to curfew regulations to be or remain on the premises in violation of the curfew hours. Any licensee who repeatedly violates this regulation concerning curfew hours shall be deemed to have prima facie violated these regulations without showing of other violations.
[Ord. No. 1632 §X, 8-18-1992]
Each person who operates a tattooing establishment shall comply with the following requirements:
The room in which tattooing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface.
All tattoo establishments shall be kept clean and well lighted so that the rear of the premises is plainly visible from the front of such premises.
A toilet shall be located in the establishment and shall be accessible at all times that the tattooing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a like color, with a smooth washable finish and shall be separated from waiting customers or observers by a panel at least six (6) feet high or by a door.
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
The operator shall wash his hands thoroughly with soap and water before starting to tattoo. The hands shall be dried with individual, single-use towels.
No tattooing shall be done on any skin surface that has rash, pimples, boils, infections or manifest any evidence of unhealthy conditions.
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birth mark, scar or tattoo.
Safety razors with a new single surface blade for each customer or patron or a straight edge razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.
The area to be tattooed shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile, single-use sponge shall be used to scrub the area. After shaving and before tattooing is begun, a solution of seventy percent (70%) alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument.
Only petroleum jelly in collapsible metal or plastic tubes or its equivalent as approved by the Health Officer shall be used on the area to be tattooed and it shall be applied with sterile gauze.
The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.
Inquiries shall be made and anyone giving a history of recent jaundice or hepatitis may not be tattooed.
Single service or individual containers of dye or ink shall be used for each patron and the container therefore shall be discarded immediately after completing work on a patron and any dye in which the needles were dipped shall not be used on any other person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or disposable paper tissue which shall be used only on one (1) person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze, saturated with an antiseptic soap solution approved by the Health Officer or a seventy percent (70%) alcohol solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.
[Ord. No. 1632 §XI, 8-18-1992]
All clean and ready to use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.
A steam sterilizer (Autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person or patron. Sterilization of equipment will be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of twenty (20) pounds per square inch, temperature of two hundred fifty (250°F) degrees; chemical disinfectants or germicides are not acceptable in lieu of heat.
All equipment such as needles that pierce the skin or pigment capsules should be used a single time on a single customer in order to ensure that blood borne diseases are not transmitted. An individual packaging of needles is preferred for maintenance and sterility.
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing so that they will not be contaminated.
All pigments, dyes, colors and other items used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances and the pigments, dyes and colors used from stock solutions for each customer or patron shall be placed in a single service receptacle and such receptacle and remaining solution shall be discarded after use on each customer or patron.
All bandages and surgical dressings used in connection with the tattooing of a person shall be sterile.
[Ord. No. 1632 §XII, 8-18-1992]
No tattoo establishment shall suffer or permit any loud noises, boisterous or disorderly conduct, in or around the premises or on any grounds of such premises and he shall prevent the loitering of persons on the premises or on or around the grounds thereof.
[Ord. No. 1632 §XIII, 8-18-1992]
A licensee shall not increase the number of tattoo chairs over the number specified in his plat filed with the Health Officer provided; however, the Health Officer may authorize such increase upon application by the licensee.
[Ord. No. 1632 §XIV, 8-18-1992]
Permanent records for each patron or customer shall be maintained by the licensee or operator of the establishment. Before the tattooing operation begins, the patron or customer shall be required personally to enter on a record form provided for such establishments, the date, his or her name, address, age, Social Security number and his or her signature. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Health Officer. Records shall be retained by the operator or licensee for a period of not less than two (2) years. In the event of a change of ownership or closing of the business, all such records shall be made available to the Health Officer.
[Ord. No. 1632 §XV, 8-18-1992]
Verbal and written instructions regarding hygienic aftercare of a tattoo shall be given to each customer and each customer should be instructed to report any complications to the regulated establishment.
[Ord. No. 1632 §XVI, 8-18-1992]
No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed. All infections resulting from the practice of tattooing which become known to the operator shall promptly be reported to the Health Officer by the person owning or operating the tattooing establishment and the infected client shall be referred to a physician.
[Ord. No. 1632 §XVII, 8-18-1992]
No person, customer or patron who is under either the influence of alcohol or drugs or who is under pressure or duress or who is under the age of eighteen (18) years shall be tattooed.
[Ord. No. 1632 §XVIII, 8-18-1992]
An applicant for a license to operate a tattooing establishment shall first obtain a Certificate of Inspection from the Health Officer indicating the establishment has been inspected and is in compliance with the provisions of this Chapter.
[Ord. No. 1632 §XIX, 8-18-1992]
The Health Officer may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not said establishment and the persons performing the art of tattooing therein are in compliance with all applicable health provisions contained within this Chapter and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing establishment willfully to prevent or restrain the Health Officer from entering any licensed establishment where tattooing is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
[Ord. No. 1632 §XX, 8-18-1992]
A licensee of a tattoo establishment who has obtained a license under this Chapter may obtain a renewal of his license by filing renewal applications provided by the Health Officer, which shall contain the signed statement of the licensee that there has been no change in the information provided on the original application and plat; if, however, such change has occurred, the applicant for renewal of license must state the changes. The Health Officer may approve such application for renewal without the personal appearance of the licensee, provided; however, that the Health Officer may required the licensee to appear before him and to furnish such additional information as he deems necessary.
[Ord. No. 1632 §XXI, 8-18-1992]
The Health Officer or any employee designated by him may, without previous notification and at any time, inspect the regulated establishment. The Health Officer may provide the licensee with a checklist showing any deficiencies noted during the inspection. All tattooing shall cease until the deficiencies noted are corrected to the satisfaction of the Health Officer. If, at any time, the Health Officer deems that the tattooing procedures are detrimental to the public health, he may issue a temporary abatement order in writing to the licensee and this notice may be served upon the licensee or any person employed by the licensee or left at the regulated establishment or the notice of temporary abatement may also be served by United States Mail, Return Receipt Requested.
Upon receipt of a notification of abatement, the licensee and all of his agents or employees shall immediately cease the performing of any further tattooing until a hearing may be had by the Board of Aldermen of the City of Pacific for the purpose of determining whether or not the temporary notice of abatement should be made permanent.
The Health Officer, in the notice of the temporary abatement, shall specify the time and place for a hearing to be held for the purpose of determining whether or not the temporary order of abatement should be made permanent. The licensee will be notified of the time and place of the hearing and be advised of his right to be represented by counsel at said hearing and to introduce any evidence in his own behalf. The rules of evidence applying in civil and criminal courts will not be adhered to at the hearing. The Board of Aldermen of the City of Pacific may receive such information as they deem reliable for purposes of protecting the public health.
At the conclusion of the hearing, the Board of Aldermen of the City of Pacific may issue a permanent abatement order or a conditional abatement order. If a conditional abatement order is issued, it shall specify the deficiencies noted and the time within which the licensee shall have an opportunity to correct the same. If deficiencies are not corrected within that period of time, the abatement order will, in any event, be made permanent.
[Ord. No. 1632 §XXII, 8-18-1992]
Whenever the Health Officer refuses to grant or renew a license, he shall notify the applicant for said license or the licensee, whichever the case may be, of his decision and the reason therefore and shall further inform the applicant or licensee that he is entitled to a formal hearing before the Board of Aldermen of the City of Pacific concerning said proposed application or renewal. The applicant or licensee must then file a request for such a formal hearing within fourteen (14) days after said date of notification or the Health Officer's refusal to grant said license or to renew said license shall be final and non-appealable. After a formal hearing (to be conducted in the same manner as a hearing for abatement as previously set forth herein), a majority of the Board of Aldermen of the City of Pacific may affirm or modify the decision of the Health Officer as it deems necessary.
[Ord. No. 1632 §XXIII, 8-18-1992]
Whenever a majority of the persons, if any, owning property and a majority of persons, if any, occupying premises or conducting any business on the main surface floor of premises within a prescribed petition circle drawn by a radius of seven hundred fifty (750) feet plus one-half (½) of the width of the front of the tattoo establishment from the center of such premises projected to the street shall sign and thereafter file a written petition before the Health Officer demanding the revocation of the license which has been issued for the tattoo establishment premises within the above mentioned area, said license shall be revoked and be held null and void if the Health Officer finds that such petition is in the form prescribed in this Chapter.
[Ord. No. 1632 §XXIV, 8-18-1992]
In addition to the revocation by neighborhood petition, the Health Officer may suspend any or all of the licensee's licenses for a period of not more than thirty (30) days or any portion thereof or may revoke any or all of the licensee's licenses for any tattoo establishment premises whenever it is found that the licensee has obtained any license through misrepresentation or fraud or that the licensee has disregarded or violated any of the regulations or laws for tattoo establishment premises. The licensee shall be notified in writing of the charges or infractions. These shall be mailed to the licensee at the address of any of his licensed premises or at the last known residence of the licensee. A public hearing shall be held before the Board of Aldermen of the City of Pacific at a specified time and at such hearing, evidence under oath shall be heard concerning the charges or infractions of the licensee or his attorney may present evidence and answer or defense thereto. Evidence of infractions or violations other than those specified in writing to the licensee may also be presented at such hearing; provided, however, that the licensee shall be given reasonable additional time if he so requests to prepare his answer or defense to such additional infractions or violations. The Board of Aldermen of the City of Pacific shall render a decision within thirty (30) days after completion of the formal hearing and shall mail a copy of its decision to the licensee. Appeals from the decision of the Board of Aldermen of the City of Pacific may be taken by the licensee as provided by law. Any person whose license has been revoked shall not again be allowed to obtain a tattoo establishment license for two (2) years next thereafter.
[Ord. No. 1632 §XXV, 8-18-1992]
The Health Officer is authorized to adopt all necessary forms to enact, promulgate and enforce all rules and regulations necessary for the reasonable interpretation and enforcement of this Chapter.
[Ord. No. 1632 §XXVI, 8-18-1992]
The regulations set forth in this Chapter shall apply to all licensed tattoo establishments and a licensee or operator of a tattoo establishment is, at all times, responsible for the orderly conduct of his tattoo establishment and the acts of any of his agents, servants or employees in the operation of his tattoo establishment.
[Ord. No. 1632 §XXVII, 8-18-1992]
The City Clerk is hereby prohibited from issuing a tattoo establishment license until an authorization therefore has been issued by the Health Officer. Should any license issued under this Chapter be ordered revoked, the City Clerk shall immediately upon receipt of such notice of revocation, revoke the tattoo establishment license for tattoo establishments and operators thereof by written notice addressed to any of his licensed premises or at his last known address. Whenever a license shall be revoked by the Health Officer, he shall immediately notify the City Clerk of such revocation.
[Ord. No. 1632 §XXVIII, 8-18-1992]
The operator of any tattoo establishment which is in operation on August 18, 1992, shall be required to obtain a license for his premises. He shall file an application and plat as required herein before the Health Officer within ninety (90) days of August 18, 1992; provided however, that he shall not be required to obtain the neighborhood consent petition set forth herein. Such licensee shall be subject to all other rules, regulations and powers of suspension and revocation and provisions for renewal of licenses as provided in this Chapter.
[Ord. No. 1632 §XXIX, 8-18-1992]
In addition to the revocation and suspension of any license, any person found guilty of violating any provision of this Chapter shall pay a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or be sentenced to a term of not more than ninety (90) days in the City Jail, or be punished by both such fine and imprisonment for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.