[Ord. No. 16-04, 1-21-2016[1]]
It is hereby the intent of this Chapter to regulate the operation
of tattooing, body piercing, and branding as defined herein is a business
affecting the public health, safety, and general welfare.
[Ord. No. 16-04, 1-21-2016]
For the purpose of the Chapter, the following terms, phrases
and words shall have the meanings herein expressed:
The perforation of human tissue other than an ear for a non-medical
purpose. (Refer: 20 CSR 2267-1.010)
Making a permanent mark on human tissue by burning with a
hot iron or other instrument. (Refer: 20 CSR 2267-1.010)
A person who practices the art of tattooing, body piercing,
or branding.
Any individual, firm, or corporation, owner or operator of
a tattooing, body piercing, or branding establishment.
Placing an indelible mark on the body of another person by
the insertion of a pigment under the skin or an indelible design made
on the body of another person by production of scars other than branding.
(Refer: 20 CSR 2267-1.010) This definition does include the application
of permanent cosmetics.
Any place or facility where the art of tattooing, body piercing,
or branding is performed.
[Ord. No. 16-04, 1-21-2016]
It shall be unlawful for any person, firm, or corporation owning,
controlling or leasing, acting as agent for conducting, managing or
operating any tattooing, body piercing, and branding establishment
without first applying for and receiving a City license from the City
Clerk.
[Ord. No. 16-03,4-7-2016]
A.
Application. Any person desiring a tattooing, body piercing, and
branding health permit shall make written application for a permit
on forms provided by the City Clerk.
B.
Issuance. After receipt of an application for a tattooing, body piercing
and branding health permit, the Health Department shall inspect the
proposed tattooing establishment to determine compliance with the
provisions of this Chapter. If applicable requirements of this Chapter
have been met, the Health Department shall issue a tattooing, body
piercing and branding health permit.
[Ord. No. 16-04, 1-21-2016; Ord. No. 16-37, 1-5-2017]
[Ord. No. 16-04, 1-21-2016]
Licenses and permits for a tattooing, body piercing, or branding
establishment under the provisions of this Chapter may be granted
at any time during the year, but all licenses, permits and operator's
cards issued herein under shall expire on the 30th day of June. Licenses
shall not be transferable from one (1) person to another or from one
(1) location to another.
[Ord. No. 16-04, 1-21-2016]
All licenses and permits shall be posted at all times in a visible
location in the establishment.
[Ord. No. 16-04, 1-21-2016
A.
Compliance. Any person maintaining, conducting, operating or managing
any tattooing, body piercing, or branding establishment must comply
with the following regulations.
B.
General Regulations.
1.
No tattooing, body piercing, or branding may be administered
by any person under twenty-one (21) years of age to any person less
than eighteen (18) years of age. The operator will obtain proof of
age before the tattooing, body piercing or branding procedure is done,
and such proof will be retained for three (3) years.
2.
Before tattooing, body piercing, and/or branding, the patron
must be advised that the tattoo or brand should be considered permanent;
tattoos or brands can be removed only with surgical procedure; and
that any effective removal may leave permanent scarring and disfigurement.
The patron must be advised that body piercings are not permanent and
must be cared for to keep them functional and free of infection. A
properly authorized consent form signed by the patron acknowledging
that he or she has been informed in person and in writing, pursuant
to 20 CSR 2267-5.020 Section (2) of this rule. The informed consent
form shall be retained on file in the tattoo, body piercing and/or
branding establishment for a period of three (3) years. (Refer to
20 CSR 2267-5.020)
3.
The skin surface to be tattooed, pierced, or branded 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, pierced,
or branded generally free of all appearances of pathological conditions.
4.
Tattoos, body piercings, or brands may not be administered to
any person under the influence of drugs or alcohol. The operator is
responsible for making reasonable observation and inquiry to assure
himself/herself that the patron is sober and not under the influence
of drugs.
5.
After the procedure is complete, the operator shall provide
the patron with verbal and written instructions for the care of the
tattoo, pierce or brand. (Refer to 20 CSR 2267-5.040)
6.
The regulations herein provided shall not allow nor permit the
removal of any tattoo or brand, nor shall the operator perform or
attempt to perform any procedure which is intended to remove any tattoo
or brand. Any attempt by an operator to perform a tattoo or brand
removal procedure, shall result in the immediate suspension of the
operator's health permit. A hearing may be conducted as to why
the operator's permit should be reinstated. The above procedure
shall not preclude prosecution of the operator during the same period
of permit suspension.
7.
Upon request by proper authority, operators shall disclose records
of all tattooing, body piercing, or branding. Said records shall disclose
the name, address, telephone number, date of birth, driver's
license number or official picture identification number of the patron
and health conditions of patron consent form. (Refer to 20 CSR 2267-5.020)
C.
Premises.
1.
Premises and equipment must be maintained in a sanitary manner.
This includes physical cleanliness as well as antiseptic precautions.
2.
All tattooing, body piercing, and/or branding establishments
shall be equipped with hot and cold running water. Adequate toilet
facilities with antibacterial soap and single-service towels properly
installed and in compliance with ordinances, rules and regulations
of the City of Hollister shall be provided. All tattooing, body piercing
and/or branding establishments shall have a separate sink to be used
only for sterilization purposes. (Refer to 20 CSR 2267-3.010)
3.
All tattooing, body piercing, and/or branding establishments
shall be well lit with not less than fifty-foot candles in all cleaning
and working areas.
4.
All tattooing, body piercing, and/or branding establishments
shall have ventilation as required by ordinances and regulations of
the City of Hollister.
5.
All tattooing, body piercing, and/or branding establishment
shall be of sufficient size to accommodate required equipment and
business done therein.
6.
Floors, walls, ceilings, and fixtures shall be clean and in
good repair and maintained in a clean condition. (Refer to 20 CSR
2267-3.010)
7.
Adequate equipment and facilities shall be provided for the
disposition of infectious waste, including but not limited to sharps
waste, which shall be placed in a properly marked biohazard bag or
sharps container and disposed of by an approved biohazardous waste
company. (Refer to 20 CSR 2267-3.010)
8.
All furniture in an establishment in the tattooing, piercing,
or branding process shall be constructed of a material allowing easy
and thorough cleaning and shall be maintained in a clean and sanitary
condition. (Refer to 20 CSR 2267-3.010)
9.
The Director, or agent of the State Office of Tattooing, Body
Piercing and Branding, or the City of Hollister, upon proper identification,
shall be permitted to enter any tattooing, body piercing and/or branding
establishment during the hours of operation to determine if the establishment
and its practitioners are in compliance with Missouri Statutes, regulations,
and City ordinances and to examine the records of the establishment.
(Refer to 20 CSR 2267-6.010)
10.
Alcoholic beverages shall not be consumed on premises. (Refer
to 20 CSR 2267-5.010)
11.
No animals, except for those providing services to persons with
disabilities, are permitted in a tattooing, body piercing, and/or
branding establishment. (Refer to 20 CSR 2267-3.010)
12.
A tattooing, body piercing or branding establishment shall post
a sign in a conspicuous place in the establishment stating that no
person under the age of eighteen (18) shall be tattooed, body pierced,
or branded. (Refer to 20 CSR 2267-5.020)
D.
Equipment.
1.
Single-use containers of pigment or ink shall be used for each
patron and the remainder of unused portions properly and permanently
disposed of and/or destroyed after each application. (Refer to 20
CSR 2267-5.010)
2.
Instruments, dyes, pigments, stencils, branding irons, and other
branding instruments used for tattooing, body piercing and branding
shall be sterilized and stored in a safe and sanitary manner in order
to prevent contamination. (Refer to 20 CSR 2267-5.010)
3.
Sterilization of equipment shall be by: steam pressure sterilization
(autoclave), operated at a minimum of two hundred fifty degrees Fahrenheit
(250° F.) and/or one hundred twenty-one degrees Celsius (121°
C.) at a pressure of at least fifteen (15) pounds per square inch
for not less than thirty (30) minutes. (Refer to 20 CSR 2267-1.010)
a.
To prepare for steam pressure sterilization, manually preclean
the items with care taken to ensure removal of residue; thoroughly
rinse the items with warm water, then drain the water; clean the items
by soaking them in a protein-dissolving detergent-enzyme cleaner used
according to manufacturer's instruction; clean the items further
in an ultrasonic cleaning device that operates at forty (40) to sixty
(60) hertz. (Refer to 20 CSR 2267-5.030)
b.
Rinsing and drying the items. (Refer to 20 CSR 2267-5.030).
4.
When an autoclave procedure is used, heat-sensitive indicators
capable of indicating approximate time and temperature achieved shall
be used. (Refer to 20 CSR 2267-5.030).
5.
Each tattooing, body piercing and branding establishment shall
maintain sterilization records including spore tests for at least
two (2) years from the date of the last entry, which shall include
the following information: with date of sterilization, name of person
operating the equipment and, result of heat-sensitive indicator for
each sterilization process, and shall be kept on file for inspection
by the appropriate authority. (Refer to 20 CSR 2267-5.030)
6.
All sterilized instruments shall be wrapped and stored in a
manner that ensures they will remain sterile until used. (Refer to
20 CSR 2267-5.030)
7.
All tattoo stencils shall be single-use, and each stencil shall
be properly discarded after one (1) use. (Refer to 20 CSR 2267-5.010)
E.
Minimum Acceptable Aseptic Technique.
1.
Neither the patron nor operator shall consume or bring food
or drink or alcohol into the tattooing, body piercing, or branding
area and shall not smoke during the procedure or in the room(s) where
the tattooing, body piercing, or branding takes place. (Refer to 20
CSR 2267-5.010)
2.
The operator must be free from communicable disease while tattooing,
body piercing or branding and present no pustular lesions of the hands
or arms.
3.
Immediately before administering a tattoo, body piercing, or
branding the operator must thoroughly wash his/her hands and arms
in hot water with soap and then dry the hands with a single-service
towel. The operator shall wear non-porous disposable gloves at all
times when in contact with a patron's skin. (Refer to 20 CSR
2267-5.010)
4.
The operator shall wear clean and easily washable outer clothing
while tattooing, body piercing, or branding. (Refer to 20 CSR 2267-5.010)
5.
The operator, while administrating a tattoo, body piercing,
or brand shall wear non-absorbent gloves when preparing the skin and
performing each procedure and shall in general pay particular attention
to his/her personal hygiene. (Refer to 20 CSR 2267-5.010)
6.
The skin surrounding the area where the tattoo, body piercing,
or brand is to be placed shall first be washed with a germicidal soap
and then prepare the area with an antiseptic. The solution shall be
applied with cotton, gauze or single-use toweling. (Refer to 20 CSR
2267-5.040)
7.
Single-use razor blades shall be used when the customer is shaved
and then the razor is disposed of in the appropriate container. (Refer
to 20 CSR 2267-5.010)
8.
During any phase of the tattooing, body piercing, or branding procedure, should the operator be interrupted for other duties, i.e., answering the phone, etc.; the operator shall wash his/her hands and arms and wear non-porous disposable gloves as in Subsection (E)(3) herein before resuming the tattooing, piercing or branding procedure. (Refer to 20 CSR 2267-5.010)
9.
All infections resulting from the practice of tattooing, body
piercing, or branding shall be reported to the Director by the person
owning or operating the tattooing, body piercing or branding establishment.
F.
All new tattooing, body piercing, and branding salons shall obtain
a Conditional Use Permit approval from the Planning and Zoning Commission
and the Board of Aldermen.
G.
Failure to comply with the above rules and conditions may result
in revocation of the Conditional Use Permit and license to operate.
Such revocation shall be at the discretion of the Health Officer and
the Board of Aldermen.
[Ord. No. 16-04, 1-21-2016]
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 thereunder 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).
