Section 650.050 Sanitation, Requirements for Tattoo and/or Body Piercing and/or Branding Establishments.
[R.O. 2006 §670.010; Ord. No. 2282 §1, 2-16-2005; Ord. No. 2642 §1, 11-29-2006]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- 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.
- A permanent mark made on human tissue by burning with a hot iron or other instrument.
- Any person, other than an operator, who renders any service to the licensee or customer and who receives compensation or any consideration and who has no physical contact with the licensee's customers or clients.
- HEALTH OFFICIAL
- The Code Enforcement Officer, the City Administrator or his/her designee, or any person or agent employed or contracted as Health Officer by the City.
- Any person under the age of eighteen (18) years.
- Any person who engages in the act of body piercing, branding, or tattooing.
- Corporations, companies, associations, firms, partnerships, societies and joint stock companies as well as individuals.
- Any individual licensed under the laws of this State with the State Board of Registration for the Healing Arts in the State of Missouri.
- PROOF OF AGE
- A proper driver's license or other documentary or written evidence that proves that an individual is eighteen (18) years of age or older.
- Any method of placing indelible designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or other instruments, or an indelible design made on the body by production of scars other than by branding.
- TATTOOING AND/OR BODY PIERCING AND/OR BRANDING ESTABLISHMENTS
- Any place or facility where the art of tattooing and/or body piercing and/or branding is performed.
[R.O. 2006 §670.020; Ord. No. 2282 §2, 2-16-2005; Ord. No. 2642 §1, 11-29-2006]
It shall be unlawful for any person to own or operate a tattoo and/or body piercing and/or branding establishment in Wentzville, Missouri, without having first obtained a business license in accordance with the procedures hereinafter set forth:
Any person desiring to operate a tattoo and/or body piercing and/or branding establishment shall make application for a license to the City upon forms approved by it containing the following information:
Name of applicant.
Residence of applicant.
If a partnership, the names and resident addresses of each of the partners, whether general or limited and designating which.
If a corporation, the names and resident addresses of all of its officers, directors, shareholders, and the name of its resident agent for the purposes of service.
The location of the proposed establishment (establishment must be located in a zoned commercial district).
The proposed hours of operation.
The names of all current employees and their exact duties.
A complete description of all tattoo and/or body piercing and/or branding services to be provided.
An exact inventory of all equipment to be utilized, including names of manufacturers, and serial numbers (if any) of the equipment.
Upon receipt of such application and payment of the business license fee, the City shall then issue a business license to the applicant. The establishment shall be inspected periodically for the purpose of determining whether or not said establishment and the person performing the art of tattooing and/or body piercing and/or branding therein are in compliance with all applicable health provisions contained within this Chapter. It shall be unlawful for any person or operator of a tattooing and/or body piercing and/or branding establishment willfully to prevent or restrain the Code Enforcement Officer or his/her designee from entering any licensed establishment where tattooing and/or body piercing and/or branding is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.
Any change of ownership shall require a new license application with additional license fees. The license may be revoked or suspended for any violation of this Chapter.
No tattoo establishment may attempt to remove a tattoo from any person or allow such a procedure to take place on its premises.
[R.O. 2006 §670.030; Ord. No. 2282 §3, 2-16-2005; Ord. No. 2642 §1, 11-29-2006; Ord. No. 3031 §1, 11-4-2009]
It shall be unlawful for any person to act as a tattoo operator, body piercing operator or branding operator, or for any person to employ another person as a tattoo operator, body piercing operator or branding operator unless such person has been licensed by the Director of the Division of Professional Registration of the State of Missouri.
Any person desiring to act as an operator at any tattoo and/or body piercing and/or branding establishment in Wentzville shall make application for an operator's license to the City upon forms approved by it and containing the following information:
A copy of the State license for each operator must accompany the operator's license application.
Name, address and telephone number.
Date and place of birth.
Height, weight, sex and color of eyes and hair.
Previous address for the last three (3) years.
Name of proposed place of employment where he/she will be working as a tattoo operator, body piercing operator or branding operator.
Names and addresses of employers for the last three (3) years plus a job or employment description for each position held.
Medical history of all communicable diseases.
Current state of health and physical disabilities.
Training and/or experience.
Current photograph (or copy of photo ID).
An operator's license may be issued, after investigation, if it is determined that the applicant is free from communicable disease, has no physical disability or infirmity which could interfere with his/her acting as a tattoo operator, body piercing operator or branding operator and is at least eighteen (18) years of age and has at least six (6) months' experience, training or apprenticeship as tattoo operator and/or body piercing operator and/or branding operator (as applicable) in a legally operated establishment in Missouri or another State.
Application for an operator's license, in addition to the information required in Subsection (1) above, shall be accompanied by an application fee of five dollars ($5.00). The operator's license shall be renewable annually on July thirty-first (31st) of each year so long as no health violations have been incurred. Tattoo operator's license that expire February 28, 2010, will be issued an extension to their current license expiring July 31, 2010, and all renewals will be August 1, 2010.
Before an operator's license may be issued, the applicant and the tattoo and/or body piercing and/or branding operator must furnish the City a certificate from a physician stating that the applicant or operator is free from communicable disease.
No license issued under this Chapter shall be transferable or assignable.
Notwithstanding anything to the contrary herein, any person desiring to become an operator but who lacks the requisite training and experience required by Subparagraph (2) above, may be permitted to work as an operator's apprentice, provided that:
[R.O. 2006 §670.040; Ord. No. 2282 §4, 2-16-2005; Ord. No. 2642 §1, 11-29-2006]
No tattoo and/or body piercing and/or branding shall be administered except by conforming to all of the following:
Performing tattooing and body piercing and/or branding is prohibited on any person under the age of eighteen (18) without the written consent of that person's parent or legal guardian. That consent shall be on a form provided by the Health Official, notarized, and given in person to the operator by the parent or legal guardian before the tattooing and/or body piercing and/or branding procedure commences. In addition, the parent or legal guardian shall present photographic identification to the operator and leave with the operator photocopies of that photographic identification. For purposes of this Chapter, photographic identification may include a State driver's license or State identification card.
Obtaining or attempting to obtain any tattooing and body piercing establishment or operator license by means of fraud, misrepresentation or concealment is prohibited.
Notice of permanency. Before administering the tattoo and/or branding, the patron shall be advised that the tattoo and/or brand should be considered permanent; that it can only be removed with a surgical procedure; and that any effective removal will leave permanent scarring and possible disfigurement. A written cautionary notice to that effect shall be furnished to and signed by the patron.
Skin condition. The skin surface to be tattooed and/or pierced and/or branded shall be free of rash, pimples, infection or recent (less than two (2) years) scar tissue. The patron must be in apparent good health, and the skin to be tattooed and/or pierced and/or branded is generally in a healthy condition to all appearances.
Sobriety of patron. Tattoos and/or body piercing and/or branding shall not be administered to any person under the influence of drugs or alcohol, and the operator is charged with the responsibility of making reasonable observation and inquiry to assure himself/herself that the patron is in fact sober and not under the influence of drugs.
Record form. The tattoo and/or body piercing and/or branding establishment shall keep a permanent record of all patrons tattooed and/or pierced and/or branded stating name, age, address, date of tattoo and/or body piercing and/or branding, operator's name and the place on the body where tattooed or part of body pierced and/or branded, and a description of the design of the tattoo and/or brand. All such records shall be maintained in the tattoo and/or body piercing and/or branding establishment for a period of three (3) years and shall be made available to the Code Enforcement Officer or Law Enforcement Officer upon request.
No tattoo and/or body piercing and/or branding establishment shall permit tattooing and/or body piercing and/or branding to be administered by an apprentice except under the direct supervision of a licensed operator.
The tattoo and/or body piercing and/or branding operator shall wear a clean, easily cleanable shirt while administering a tattoo and/or piercing tissue and/or branding tissue.
Section 650.050 Sanitation, Requirements for Tattoo and/or Body Piercing and/or Branding Establishments.
[R.O. 2007 §670.050; Ord. No. 2282 §5, 2-16-2005; Ord. No. 2642 §1, 11-29-2006]
All tattoo and/or body piercing and/or branding establishments shall comply with the following requirements:
Tattoo and/or body piercing and/or branding establishments shall be well lit, at least two hundred (200) foot-candles in tattoo and/or body piercing and/or branding area and one hundred (100) foot-candles in remaining area.
The establishment will be at least one hundred (100) square feet minimum to accommodate required equipment and business done thereon.
Walls, floors and ceilings shall be clean and in good repair and maintained in a clean condition at all times. The tattooing and/or body piercing and/or branding area and restrooms shall have smooth washable surfaces.
A handwashing sink with hot and cold water, disposable towels in a dispenser and germicidal hand soap must be located within each tattoo and/or body piercing and/or branding booth or enclosure and must be conveniently located. At least one (1) restroom must be provided with a toilet and handwashing sink equipped as noted above for every three (3) operators. The rest room shall be mechanically vented to the outside and a waste container shall be used for trash. The restroom door shall be self-closing.
The tattoo and/or body piercing and/or branding area shall be separated from customers and observers by a partition or wall.
All tables and chairs used in the tattoo and/or body piercing and/or branding area shall be of an easily cleanable material.
The establishment shall be properly heated and ventilated. The tattooing and/or body piercing and/or branding establishment shall be well ventilated and provided with an artificial light source equivalent to at least twenty (20) foot-candles three (3) feet off the floor, except that at least one hundred (100) foot-candles shall be provided at the level where the tattooing and body piercing procedure is being performed, and where instruments and sharps are assembled.
All infectious waste, including blood contaminated materials, needles and sharps, shall be managed and disposed of by a licensed infectious waste hauler in accordance with the relevant rules and regulations of the State of Missouri.
In general, the entire premises of the tattoo and/or body piercing and/or branding establishment must be kept clean and in good condition at all times.
Sterilization procedures shall be in full compliance with the standards of hygiene established by the Missouri Director of the Division of Professional Registration and the St. Charles County Division of Health.
No video camera of the tattoo or piercing or branding process shall be allowed at any time.
[R.O. 2006 §670.150; Ord. No. 2282 §15, 2-16-2005]
If the holder of any license issued pursuant to this Chapter violates any provision of this Chapter or that license, the Health Official shall issue a warning for the first (1st) offense, and the City of Wentzville may suspend or revoke a license or refuse to renew for subsequent offenses.
No license shall be suspended or revoked, nor shall any application to renew a license be refused, until the licensee has been afforded an opportunity for a hearing before the Board of Aldermen after notice of at least five (5) working days, except if the Health Official determines that the operation constitutes an immediate hazard to public health, or the licensee interferes with the Health Official's performance of his/her duties at which time the Health Official may suspend the license pending a hearing before the Board of Aldermen. Such interference includes refusal to permit access to the premises of a licensee's tattooing and body piercing and/or branding establishment.
Warning and notices of violation and hearing shall be served either personally or by certified mail, postage prepaid, to the licensee's address of record. Notices of violations and hearing shall state the date, time and place of hearing and set forth the charges against the licensee.
The decision of the Board of Aldermen shall be final, subject to appeal under Chapter 536, RSMo.
[R.O. 2006 §670.160; Ord. No. 2282 §16, 2-16-2005]
If an operator violates this Chapter while performing tattooing and body piercing and/or branding, the establishment shall also be deemed to be in violation and the establishment license shall also be subject to warnings and the administrative penalties of suspension or revocation in accordance with the provisions of this Chapter.