[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
In order to enhance the public health and prevent the entrance
of infectious disease.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The perforation of human tissue other than an ear for non-medical
purpose.
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
A person under the age of eighteen (18).
The Building Official.
A person who practices the art of tattooing licensed by the
State of Missouri.
Any individual, firm or corporation, owner or operator of
a tattooing establishment.
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.
Any place or facility where the art of tattooing is performed.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
A.
No
person shall operate a tattoo shop within the corporate 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 merchant 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 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
Building Official shall make a re-inspection and thereafter as many
additional re-inspections as he may deem necessary to assure himself
that the applicant is again complying with requirements of this Chapter
and if in case the findings indicate compliance, shall reinstate the
permit.
D.
Prior
to receiving a license or renewal of license, the operator shall furnish
the Chief of Police with a written statement from a licensed physician
that he/she and all employees engaged in tattooing are free of communicable
disease and have been vaccinated to the extent possible against all
types of hepatitis.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
All permits, licenses and regulations shall be posted at all
times in a conspicuous place in the establishment.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
The City shall cause the City Building Official to inspect all
tattooing shops at least once every six (6) months to determine compliance
with this Chapter.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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 Board of Aldermen. 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/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. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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
Building Official shall be permitted access to all areas of the premises
and records during regular business hours.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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 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.
C.
Instruments
used in administering the tattoo, including hand pieces, needle bars
and razor blade holders, must be thoroughly disinfected, cleaned with
soap and water and thoroughly rinsed again after each person and before
sterilization. Needles shall be disposable and shall be discarded
after one (1) use by breaking or otherwise totally destroying said
disposable needles.
Sterilization of equipment may be either by:
1.
Dry heat. At a temperature of three hundred fifty-seven
degrees Fahrenheit (357°F) (one hundred eighty degrees Celsius
(180°C)) for not less than two (2) hours; or
2.
Steam pressure sterilization (autoclave) for a minimum of thirty
(30) minutes at two hundred fifty degrees Fahrenheit (250°F) (one
hundred twenty-one degrees Celsius (121°C)), followed by a drying
time of not less than fifteen (15) minutes.
a.
To prepare for steam pressure sterilization, each needle shall be
flushed with distilled water and left distinctly moist, just before
the sterilization process is initiated. The tubes containing the needles
should rest on their sides in the sterilizer to facilitate air removal
and steam contact to each tube and needle.
b.
When an autoclave procedure is used, indicator tape or other acceptable
test method shall be used to check the effectiveness of sterilization.
c.
Records of methods of sterilization together with temperature cycle
for each sterilization process shall be kept on file for inspection
by the director.
d.
All instruments and needles shall be stored in a closed metal or
glass container.
3.
All acetate tattoo stencils shall be cleaned with seventy percent
(70%) isopropyl alcohol between customers or individual transfers
of tattoo (incisions shall be used once and discarded).
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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/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/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 as in Subsection 630.090(C) 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/her hands as in Subsection 630.100(C) before resuming the tattoo procedure.
J.
All
infections resulting from the practice of tattooing shall be reported
to the director by the person owning or operating the tattooing establishment.
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
Any person, firm or corporation who shall violate any of the
provisions of this Chapter or fail to comply with any order or regulation
made hereunder shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00).
[Ord. No. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
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. 1217 §2, 2-1-2010; Ord. No. 1218 §1, 4-5-2010]
No tattoo establishment operating within the City shall be open
for business after Midnight or before 6:00 A.M.
