City of Dardenne Prairie, MO
St. Charles County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 1226 §1, 10-17-2007]
As used in this Chapter, the following terms shall have these prescribed meanings:
ANTISEPTIC
A chemical product or substance that kills or inhibits the growth of bacteria and organisms on skin, living tissue or work areas.
APPROVED
Acceptable to the Office of Tattooing, Body Piercing and Branding based on its determination of conformance to these rules and generally accepted standards of public health.
AUTOCLAVE
An apparatus, device or mechanism for sterilizing articles by using superheated steam under pressure.
BODY PIERCE and BODY PIERCING
The perforation of human tissue other than an ear for a non-medical purpose.
BODY PIERCER
Any individual who, for a fee, performs body piercing procedures on a human being, excluding the ears, at the patron's request including, but not limited to:
1. 
Nose;
2. 
Tongue;
3. 
Nipple;
4. 
Eyebrow;
5. 
Navel;
6. 
Labrets (lips and around the mouth);
7. 
Male genitals;
8. 
Female genitals;
9. 
Multiple piercing in the same area; and
10. 
Unusual piercing, including the earl, which is surface to surface piercing located across the bridge of the nose and/or the madison which is surface to surface piercing located near the clavicle.
BODY PIERCING ESTABLISHMENT
The premises where a body piercer performs body piercing.
BRAND AND BRANDING
A permanent mark made on human tissue by burning with a hot iron or other instrument.
BRANDER
Any individual who, for a fee, performs branding on a patron at the patron's request.
BRANDING ESTABLISHMENT
The premises where a brander performs the process of branding.
CITY
The City of Dardenne Prairie, Missouri.
CLEANING
The removal of foreign material, soil, dirt and any other type of debris from all equipment coming into contact with a patron and is normally accomplished with detergent, water and mechanical action.
CONTROLLED SUBSTANCE
Any substance defined in Section 195.010, RSMo.
DISINFECTANT
A chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
DIVISION
The Division of Professional Registration for the State of Missouri.
HOT WATER
Water at a temperature of one hundred eleven degrees Fahrenheit (111°F) or higher.
INSTRUMENTS USED FOR TATTOOING, BODY PIERCING OR BRANDING
Hand pieces, needles, needle bars and other instruments that may come in contact with a patron's body during tattooing, body piercing and branding procedures.
JEWELRY
Any personal ornament inserted into a newly pierced area, which must be made of surgical implant grade stainless steel, solid fourteen karat (14k) or eighteen karat (18k) white or yellow gold, sterling silver, niobium, titanium or platinum. Jewelry shall be free of nicks, scratches or irregular surfaces and properly sterilized prior to use in a piercing procedure. Ear studs are not considered jewelry for purposes of these regulations.
MINOR
A person under the age of eighteen (18).
NEEDLE
Either of the following:
1. 
The implement used to insert dyes or pigments into the dermis of the skin during permanent color or tattoo procedures; or
2. 
The implement used to pierce or puncture a hole in any part of the human body, other than ears, for the purpose of inserting jewelry or other objects.
NEEDLE BAR
The metal or plastic device used to attach the needle to a tattoo machine.
OFFICE
The Missouri Office of Tattooing, Body Piercing and Branding.
OPERATOR
The owner or person responsible to the owner for the operation of a tattoo, body piercing and/or branding establishment.
PATRON
A person receiving a tattoo, body pierce or brand.
PRACTITIONER
A tattooist, body piercer and/or brander.
PREMISES
An entire building, structure or area where tattooing, body piercing and/or branding are performed. Establishments located in buildings that are also used as residences must be separated from the living quarters by solid floor to ceiling partitions and shall have a separate entrance from the residence.
SHARPS CONTAINER
A puncture resistant leakproof container that can be closed for the purpose of handling, storing, transporting and disposing of sharps waste. The containers shall be clearly and distinctly labeled with the "biohazard" symbol.
SHARPS WASTE
Any solid waste that consists of medical equipment or clinical laboratory articles and implements that may cause punctures or cuts, such as tattoo needles, body piercing needles, hypodermic needles, syringes with attached needles and lancets, whether contaminated or disinfected.
SINGLE-USE
A product or item that is disposed of after one (1) use, such as a needle, cotton swab or ball, tissue or paper product, a paper or soft plastic cup, non-absorbent gloves and/or gauze and other sanitary coverings.
STERILIZATION
The killing of all organisms and spores through use of an 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.
1. 
An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
2. 
An indelible design made on the body of another person by production of scars other than branding.
TATTOO ESTABLISHMENT
The premises where a tattooist performs tattooing on patrons.
TATTOO MACHINE (OPERABLE TATTOO MACHINE)
An electrical instrument used in conjunction with a tube, needle and needle bar to make indelible marks on the skin.
TATTOOIST
Any individual who, for a fee, tattoos a patron at the patron's request.
TEMPERED WATER
Water ranging in temperature of eighty-five degrees Fahrenheit (85°F) to less than one hundred ten degrees Fahrenheit (110°F).
ULTRASONIC CLEANING
A cleaning device that operates at forty to sixty (40 — 60) hertz.
UNIVERSAL PRECAUTIONS
An approach to infection control as defined by the Center for Disease Control (CDC). According to the concept of universal precautions, all human blood and certain body fluids are treated as if known to be infectious for Human Immunodeficiency Virus (HIV), Hepatitis B Virus (HBV) and other blood borne pathogens.
[Ord. No. 1226 §1, 10-17-2007]
A. 
A licensed practitioner shall ensure that the City has his or her current and complete legal name and address on file.
B. 
A licensed operator shall ensure that his or her correct name and mailing address is on file with the City.
C. 
A practitioner whose name is changed by marriage or court order shall notify the City in writing within thirty (30) days of the name change and provide a copy of the appropriate documents verifying the name change.
D. 
A practitioner whose mailing address has changed shall inform the City of the address change within thirty (30) days of the effective date.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Change Of Establishment Name.
1. 
The establishment operator shall notify the City of the proposed name change prior to changing the business name and before revising any printed materials or advertisements.
2. 
A duplicate license fee shall be submitted to the City along with written notification of the change of name at least thirty (30) days prior to the effective date of the proposed change.
3. 
The license reflecting the name change shall replace the original license and be displayed in a conspicuous place on the premises of the tattoo, body piercing and/or branding establishment.
B. 
Change Of Establishment Location. The establishment operator shall submit a new notarized application, a license from the Division for the new establishment and the required application fee to the City upon changing the location of the operator's business. Upon approval by the City, a new license will be issued by the City for the new establishment. The establishment license for the old location shall be void at the time the operator's business is moved to the new location and shall be returned to the City immediately.
[Ord. No. 1226 §1, 10-17-2007]
A. 
No person shall operate a tattoo establishment, body piercing establishment and/or branding establishment unless he or she has obtained a license for the establishment from the Division and the City. An application for an establishment license shall be notarized and accompanied by the appropriate fee. Only one (1) application shall be required for any single establishment.
B. 
No person shall tattoo, body pierce and/or brand another person, use or assume the title of tattooist, body piercer and/or brander, designate or represent themselves to be a tattooist, body piercer and/or brander unless he or she has obtained a license from the Division and the City. An application for a practitioner license shall be notarized and accompanied by the appropriate fee.
C. 
Within a reasonable period of time after receiving a completed notarized application for a license, the City shall either approve the application and issue a license or deny the application. If the application for license is denied, the City shall give the applicant reasons in writing for the denial. In the event of a denial, the provisions of Section 605.080 shall govern the appeal of such denial.
D. 
The City shall not issue a license to a new tattoo, body piercing and/or branding establishment or a new operator at an existing establishment without the applicant having provided proof of a license from the Division.
E. 
Applicants who are approved for licensure shall receive one (1) license. Duplicate licenses may be provided upon payment of the appropriate fee pursuant to the rules promulgated by the City.
[Ord. No. 1226 §1, 10-17-2007]
A. 
The operator of a tattoo, body piercing or branding establishment shall pay an annual license fee to the City as follows:
1. 
Tattoo establishment one hundred eighty-seven dollars ($187.00);
2. 
Body piercing establishment one hundred eighty-seven dollars ($187.00);
3. 
Branding establishment one hundred eighty-seven dollars ($187.00);
4. 
Combined tattoo, body piercing or branding establishment two hundred twenty-five dollars ($225.00);
5. 
Renewal for a tattoo, body piercing or branding establishment one hundred eighty-seven dollars ($187.00);
6. 
Renewal for a combined tattoo, body piercing and/or branding establishment two hundred twenty-five dollars ($225.00);
B. 
A person who wishes to practice as a tattooist, body piercer or brander shall pay an annual fee to the City as follows:
1. 
Tattooist thirty-seven dollars ($37.00);
2. 
Renewal for tattooist thirty-seven dollars ($37.00);
3. 
Body piercer thirty-seven dollars ($37.00);
4. 
Renewal for a body piercer thirty-seven dollars ($37.00);
5. 
Brander thirty-seven dollars ($37.00);
6. 
Renewal for a brander thirty-seven dollars ($37.00);
7. 
Combined practitioner seventy-five dollars ($75.00);
8. 
Renewal for combined practitioner seventy-five dollars ($75.00);
C. 
Additional Fees.
1. 
Duplicate license fee five dollars ($5.00);
2. 
Bad check fee twenty-five dollars ($25.00).
[Ord. No. 1226 §1, 10-17-2007]
A. 
All practitioner and establishment licenses shall be renewed annually. The term of all licenses shall be from January first (1st) to December thirty-first (31st) of each year. Failure of a practitioner or the holder of an establishment license to renew the license shall cause the license to expire. A practitioner who continues to practice or a holder of an establishment license who continues to operate without a valid license shall be deemed to be practicing in violation of this Chapter.
B. 
Failure to receive notice shall not relieve the licensee or the holder of an establishment license of the obligation to renew and pay the required fee prior to the expiration date.
C. 
Each practitioner or holder of an establishment license shall provide the City with a completed and signed renewal form containing updated information since the preceding application/renewal period, as well as the required fee for renewal.
D. 
Renewals shall be postmarked no later than the expiration date of the license.
E. 
Deposit of a licensee's or operator's renewal fee by the City does not constitute acceptance of the renewal application. Any practitioner or holder of an establishment license who fails to renew the license by the expiration date shall not perform any act for which a license is required.
F. 
A practitioner or a holder of an establishment license who fails to renew said license by the expiration date shall reapply under the regulations in effect at the time of reapplication.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Each operator of a licensed establishment shall:
1. 
Only employ or allow licensed practitioners to perform tattooing, body piercing and/or branding procedures on the premises of the licensed establishment;
2. 
Ensure that no practitioner in his/her employ or practicing on the premises of the licensed establishment performs beyond the scope of his or her practice and expertise, nor shall an establishment operator direct or require a practitioner to perform beyond the scope of his or her practice and expertise;
3. 
Maintain on file in the establishment a copy of each current practitioner's license;
4. 
Ensure that each practitioner employed or practicing at the licensed establishment engages in the safe and sanitary practice of tattooing, branding and/or body piercing including, but not limited to, the use of universal precautions and proper hygiene;
5. 
Conspicuously display for the public in the establishment, the license issued by the City for the establishment and the license of each practitioner working in the establishment. A photograph of each practitioner shall be in close proximity to the license for that individual. The photograph shall measure approximately two (2) inches by two (2) inches and shall have been taken within the last two (2) years;
6. 
Be responsible for maintaining client records for a minimum of two (2) years. If a tattoo requires more than one (1) visit to be completed, client records shall be maintained for two (2) years following the completion of the work;
7. 
Maintain documentation of compliance with all applicable building, fire and plumbing codes prescribed by the State or local government;
8. 
Maintain all equipment used to perform tattooing, body piercing and branding procedures in a safe and sanitary condition;
9. 
Provide for safe and unobstructed human passage in the public areas of the premises;
10. 
Provide for the removal of biohazardous waste, garbage and refuse in a safe and sanitary manner;
11. 
Provide for the safe storage and removal of flammable materials; and
12. 
Conspicuously display for the public in the establishment, a copy of Section 612.070 of this Code along with the following language: "Complaints should be filed with the office of the City Clerk of the City of Dardenne Prairie, Missouri, at 2032 Hanley Road, Dardenne Prairie, Missouri 63366." The copy of Section 612.070 shall be posted in close proximity to the license issued by the City for the establishment and shall be printed on a sheet of paper that shall measure approximately eight and one-half (8½) inches in height by eleven (11) inches in width.
B. 
General Premises.
1. 
Licensed establishments located in buildings that are also used as residences shall be completely separated from the living quarters by floor to ceiling walls or partition(s) and solid doors that are kept closed during business hours. A direct outside entrance to the tattoo, body piercing and/or branding establishment shall be provided.
2. 
Floors in the area where tattooing, body piercing and branding procedures are performed shall be constructed of smooth, durable, washable and non-porous material and shall be maintained in clean condition and in good repair at all times. Carpeting is prohibited.
3. 
Walls in the area where tattoo, body piercing and branding procedures are performed shall be constructed of washable material and shall be maintained in good condition and in good repair at all times.
4. 
Proper lighting shall be available to enable the practitioner to safely perform tattooing, body piercing and branding on a patron.
5. 
Water and sewage systems shall comply with all State and local requirements.
6. 
A panel or other barrier of sufficient height and width to effectively separate a patron on whom a procedure is being performed from observers or waiting patrons shall be in place or readily available at the patron's request. A panel or barrier shall be in place or readily available and must be used during any tattooing, body piercing or branding of the genital area.
7. 
Easily cleanable waste containers with non-absorbent, durable plastic liners shall be used for disposal of all tissue, towels, gauze pads and other similar items used on patrons. Infectious waste, including, but not limited to, sharps waste, shall be placed in a properly marked biohazard bag or sharps container and disposed of by an approved biohazardous waste company. All items which are single use and are not considered sharps waste that come in contact with body fluids must be placed in a biohazard container and disposed of by an approved biohazardous waste company.
8. 
The premises and all facilities used in connection with the premises shall be maintained in a clean, sanitary and vermin-free condition at all times.
9. 
All furniture in an establishment must be kept clean and well maintained.
10. 
No animals, except for those providing services to persons with disabilities, are permitted in a tattoo, body piercing and/or branding establishment.
C. 
Restroom, Handwashing And Cleaning Areas.
1. 
All tattoo, body piercing and/or branding establishments shall have a public toilet and handwashing facility that is separate from any living areas.
2. 
All tattoo, body piercing and/or branding establishments shall have a separate sink to be used only for sterilization purposes.
3. 
Floors, walls, ceilings and fixtures shall be kept clean and in good repair at all times. An easily cleanable covered waste receptacle shall be provided in the toilet room.
4. 
At least one (1) handwashing facility shall be easily accessible to the tattoo, body piercing and/or branding area in addition to what is provided in the toilet room.
5. 
Antibacterial soap in a dispenser and single-service towels for drying hands shall be provided at all handwashing facilities. Hot and cold potable water under pressure shall be available at all handwashing facilities.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Competence.
1. 
Each licensed tattooist, body piercer or brander shall:
a. 
Practice within his or her scope of practice and shall not attempt any procedure that is beyond his or her level of competence or training;
b. 
Perform only those procedures for which he or she holds a license to perform pursuant to Sections 324.520 to 324.524, RSMo., and this Chapter; and
c. 
Maintain the safe and sanitary practice of his or her profession, taking all necessary precautions to prevent the transfer of disease or infection from one patron to another or from the licensee to a patron.
2. 
A licensee shall not perform or attempt to perform any procedure intended to remove a tattoo. Any attempt by a licensee to perform a tattoo removal procedure shall be grounds for disciplinary action.
3. 
Licensed tattooists shall retain records of the dyes used in their tattoos, including the lot number of each pigment used for each patron.
4. 
No licensee shall delegate professional responsibilities to a person who is not qualified and licensed to perform such responsibilities.
B. 
Identification. Each practitioner shall carry on his or her person proper picture identification when practicing pursuant to Sections 324.520 to 324.524, RSMo., and this Chapter. When requested to produce identification by an authorized agent of the City, the licensee shall comply. A licensee's failure to produce proper picture identification upon request of an authorized agent shall be grounds for discipline by the City.
C. 
Client Welfare. Each practitioner shall:
1. 
Conduct business and professional activities with honesty and integrity;
2. 
Obtain a signed informed consent from each patron prior to performing a tattooing, body piercing and/or branding procedure;
3. 
Not engage in the practice of tattooing, body piercing or branding on a patron with an exposed rash, skin lesion, boil or any situation where contraindications exist;
4. 
Not engage in the practice of tattooing, body piercing or branding while under the influence of alcohol or drug(s);
5. 
Not allow smoking or consumption of food or alcohol in the area where a tattoo, body piercing or branding procedure is performed. Licensees and patrons may consume non-alcoholic beverages during the procedure. Alcoholic beverages shall not be consumed on the premises;
6. 
Utilize universal precautions at all times as defined in 4 CSR 267-1.010. This includes handwashing before and after each procedure and refraining from exposing clients to infectious or contagious diseases;
7. 
Thoroughly wash his or her hands and the exposed portions of his or her arms with dispensed soap and tempered water before and after each procedure and more often as necessary to keep them clean;
8. 
Dry his or her hands and arms with individual single-service towels;
9. 
Maintain a high degree of personal cleanliness and conform to good hygiene practices during procedures;
10. 
Wear clean, washable outer clothing;
11. 
Wear non-absorbent gloves when preparing the skin and while performing each procedure. The non-absorbent gloves shall be for single-use only and disposed of after the completion of each procedure;
12. 
If, while performing a tattoo, body piercing or body branding, the practitioner's glove is pierced, torn or otherwise contaminated, the contaminated gloves shall be immediately discarded and replaced with new gloves; and
13. 
If interrupted during a procedure and the interruption requires the use of the hands, a practitioner shall rewash his or her hands and put on new gloves before resuming the procedure.
D. 
Equipment.
1. 
All surfaces, counters and general-use equipment in the tattoo, body piercing and branding areas shall be cleaned and disinfected before each patron is seated.
2. 
All inks and pigments shall be obtained from reputable ink and pigment manufacturers. Information indicating the sources of all inks and pigments shall be available to the office upon request. Single-use containers of pigment or ink shall be used for each patron. No pigment or ink in which needles are dipped may be used on another patron. The remainder of unused portions shall be properly and permanently disposed of and/or destroyed after each application.
3. 
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.
4. 
Disposable-type razors shall be for single-use only and disposed of in an approved manner.
5. 
Tattoo stencils shall be single-use and each stencil shall be properly discarded after one (1) use.
6. 
The use of piercing guns shall be prohibited for anything other than ears.
7. 
Body piercing needles shall be disposable, sterile and for single-patron use only. All needles shall be placed in an approved sharps container after each use.
8. 
Body piercing jewelry purchased at the establishment shall be cleaned, individually packaged and sterilized prior to use. Patrons that wish to use their own jewelry for body piercing must sign a waiver releasing the establishment from liability associated with the use of the patron's own jewelry.
9. 
Bars, tubes, branding irons and other branding instruments shall be constructed in a manner that permits easy cleaning and sterilizing.
10. 
Branding irons and other instruments used to brand may be reused if cleaned, sterilized and stored in an approved manner between each patron.
11. 
Contaminated waste that may release liquid blood or bodily fluids when handled must be placed in an approved "red" bag that is marked with the international "biohazard" symbol. It must then be disposed of by, or delivered to, an approved medical waste facility pursuant to all applicable laws and regulations. Sharps ready for disposal shall be disposed of in an approved sharps container.
12. 
Contaminated waste that does not release liquid blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal approved disposal methods.
13. 
Practitioners shall use single-use plastic covers to cover reusable accessories such as spray bottles to minimize the possibility of transmitting body fluids or disease during application of a tattoo, body piercing or branding to successive patrons.
14. 
Insects, vermin and rodents shall not be present in any part of the tattoo, body piercing and/or branding establishments and any appurtenances or appertaining premises.
[Ord. No. 1226 §1, 10-17-2007]
A. 
A practitioner shall not tattoo, body pierce or brand any person without first obtaining the following information in writing from the patron immediately preceding each procedure performed by the practitioner:
1. 
Name, address, telephone number and date of birth of the patron;
2. 
Driver's license number or official picture identification number of the patron. If the patron is under the age of eighteen (18) years, the practitioner shall obtain the driver's license number or official picture identification of the minor's parent or legal guardian;
3. 
Signature of the patron or signature of the patron's parent or legal guardian if the patron is under the age of eighteen (18) years;
4. 
A medical/health information form to be completed by the patron that shall include, but not be limited to, information pertaining to the following:
a. 
Use of any medications containing controlled substances;
b. 
Communicable diseases, including Human Immunodeficiency Virus (HIV), Hepatitis B Virus (HBV) and/or other blood borne pathogens;
c. 
Allergies;
d. 
Diseases affecting the patron's healing processes, including diabetes;
e. 
Current use of illegal substances (i.e., is the patron currently under the influence of illegal substances?);
f. 
Current use of alcohol (i.e., is the patron currently under the influence of alcoholic beverages?);
g. 
Jaundice within the twelve (12) months prior to the procedure;
h. 
Use of any medications that contain blood thinners; and
i. 
Use of any medications that are immunocompromising (i.e., weakens the immune system that fights infections);
5. 
A properly authorized consent form signed by the patron acknowledging that he or she has been informed in person and in writing, pursuant to Subsection (B) of this rule, of the dangers and contraindications of the procedure and that the patron agrees to the procedure in light of the foregoing. The informed consent form shall be retained on file in the tattoo, body piercing and/or branding establishment;
6. 
The signature of the practitioner attesting that the practitioner has reviewed the completed form(s), has advised the patron in person and in writing of the dangers and contraindications of the procedure and the date of the review.
B. 
A practitioner shall not tattoo, body pierce or brand any person until he or she has informed the patron, in person and in writing, of the following:
1. 
The dangers of the procedure to a person who may suffer from certain diseases and/or undergoing certain medical treatments as follows:
a. 
Impaired kidney and/or liver function;
b. 
Diabetes;
c. 
Jaundice within the twelve (12) month period prior to the procedure;
d. 
Medication therapy containing a blood thinner; and
e. 
Medication therapies that are immunocompromising (i.e., weakens the immune system that fights infections).
2. 
The tattoo, body piercing and/or branding should be considered permanent and can only be removed or repaired with a surgical procedure that may leave permanent scarring and disfigurement.
C. 
A practitioner may decline to provide service for any lawful reason.
D. 
A tattoo, 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. No practitioner shall knowingly tattoo, brand or perform body piercing on a minor unless he or she obtains the written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written consent form required pursuant to this Subsection in the presence of the practitioner performing the tattooing, branding or body piercing on the minor or in the presence of an employee or agent of the practitioner.
E. 
The practitioner shall verify through proper picture identification that the patron requesting the tattoo, body pierce or brand is at least eighteen (18) years of age.
F. 
A practitioner shall not tattoo, body pierce or brand any person who:
1. 
Appears to be under the influence of alcohol or drugs; or
2. 
Has evident skin lesions or skin infections in the area of the procedure.
G. 
Each practitioner shall maintain a record for each patron for a minimum of two (2) years following the completion of the procedure. A patron's record shall include at a minimum all the information required in Subsections (A) and (B), as well as the name, license number and signature of the practitioner performing the procedure. The practitioner also shall note any adverse effects or difficulties arising from the procedure.
H. 
No operator shall knowingly permit a minor to remain or linger at or about the premises unless he or she is accompanied by the minor's parent or legal guardian.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Cleaning.
1. 
Reusable equipment used in a tattooing, body piercing and branding procedure shall be cleaned immediately following each use to remove blood and/or body tissue residue prior to sterilization.
2. 
Reusable bars, tubes, branding irons, other branding instruments and body piercing equipment shall be placed in a covered container until they are sterilized.
3. 
All containers holding contaminated tubes, branding irons, other branding equipment, reusable body piercing equipment and container lids shall be cleaned and disinfected with an approved disinfectant as defined in 4 CSR 267-1.010.
4. 
Gloved personnel shall clean bars, tubes, branding irons, other branding equipment and reusable body piercing equipment prior to sterilization as follows:
a. 
Manually preclean the items with care taken to ensure removal of residue; thoroughly rinse the items with warm water and then drain the water; clean the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to the manufacturer's instructions; and clean the items further in an ultrasonic cleaning device that operates at forty (40) to sixty (60) hertz and is used according to the manufacturer's instructions; and
b. 
Rinsing and drying the items.
5. 
Prior to autoclaving, all tubes shall be packaged either individually or in quantities appropriate for individual procedures. Packages shall be identifiable and dated.
B. 
Sterilization.
1. 
Equipment requiring sterilization shall be pressure-sterilized at the establishment in an autoclave and in accordance with manufacturer's instructions. Practitioners shall have procedures in place to ensure autoclaves have been properly disinfected and spore tested as required in Subsection (B)(3) of this rule.
2. 
Each batch of sterilized equipment shall be monitored for sterilization by use of heat-sensitive indicators capable of indicating approximate time and temperature achieved.
3. 
Autoclaves shall be spore-tested at least weekly. Spore kill test effectiveness shall be conducted by an independent laboratory. If a positive spore test is received, the practitioner shall immediately cease using the autoclave device and notify the office within forty-eight (48) hours.
4. 
Sterilized equipment shall be wrapped and stored in a manner that ensures it will remain sterile until used.
5. 
Each tattoo, 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:
a. 
Date of sterilization;
b. 
Name of person operating the equipment; and
c. 
Result of heat-sensitive indicator.
6. 
Sterilized equipment shall be resterilized if the package is opened, damaged or becomes wet.
7. 
All methods of sterilization other than steam autoclaving are prohibited.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Before beginning any procedure regulated pursuant to this Chapter, the tattooist, body piercer or brander shall clean the skin area for the tattooing, body piercing or branding and then prepare the area with an antiseptic. The solution shall be applied with cotton, gauze or single-use toweling.
B. 
The practitioner shall wear non-porous, disposable gloves at all times when contact with a patron's skin is required.
[Ord. No. 1226 §1, 10-17-2007]
A. 
Access. An authorized employee or agent of the City, upon proper identification, shall be permitted to enter any tattoo, body piercing and/or branding establishment at any reasonable time to determine if the establishment and its practitioners are in compliance with this Chapter. The City's employee or agent shall be permitted to examine the records of the establishment, to obtain information about supplies purchased, received or used, sterilization records and information regarding patrons who received tattoos, body piercings or branding. Any records requested by the City's employee or agent may be copied at the establishment operator's expense.
B. 
Enforcement Policy. Order to correct violations. If, upon inspection of a tattoo, body piercing or branding establishment, the City's employee or agent finds that a tattoo, body piercing or branding establishment is not properly equipped or operated as required pursuant to this Chapter, the City's employee or agent shall notify the operator in writing. The notice shall include an order that directs the operator to make specified changes that will bring the establishment into compliance with the standards established by ordinance, Statute and regulations and stipulate the time period within which compliance is required. If the order to correct violations is not carried out by the expiration of the time period stipulated or any reasonable extension of the time granted for compliance, the failure to comply shall be cause for discipline.
[Ord. No. 1226 §1, 10-17-2007]
A. 
The City shall receive and process each complaint made against any licensed practitioner and/or establishment in which the complaint alleges certain acts or practices may constitute one (1) or more violations of the provisions in this Chapter or the regulations promulgated thereunder. Any City staff member may file a complaint pursuant to this rule in the same manner as any member of the public.
B. 
Written complaints shall be submitted to the City. Complaints may be based upon personal knowledge or upon information and belief, reciting information received from other sources.
C. 
All complaints shall be made in writing and shall fully identify the complainant by name and address, if available. Verbal or telephone communication will not be considered or processed as a complaint, however, the person making such communication will be asked to supplement the communication with a written complaint.
D. 
Each complaint received under this rule will be logged and maintained by the City. The log will contain a record of each complainant's name, if available; the name and address of the subject(s) of the complaint, if available; the date each complaint is received by the office; a brief statement concerning the alleged acts or practices; a notation including whether the complaint was dismissed or disciplinary action pursued; and the ultimate disposition of the complaint. This log shall be a closed record of the office.
E. 
Each complaint received under this rule shall be acknowledged in writing within thirty (30) days. The complainant and licensee or establishment shall be notified of the ultimate disposition of the complaint.
F. 
Failure of a licensee to respond in writing, within thirty (30) days from the date of the City's written request or inquiry, mailed to the licensee's address currently registered with the office, shall be sufficient grounds for taking disciplinary action against that licensee.
G. 
The City interprets this rule to exist for the benefit of those members of the public who submit complaints. This rule is not deemed to protect or inure to the benefit of those licensees or other persons against whom the City has instituted or may institute administrative or judicial proceedings concerning possible violations of this Chapter.
[Ord. No. 1226 §1, 10-17-2007]
A. 
The City may refuse to issue, renew or cause a complaint to be filed with the City Clerk against any holder of any certificate of registration or authority, permit or license required pursuant to this Chapter or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit or license for any one (1) or any combination of the following causes:
1. 
Use or illegal possession of any controlled substance as defined in Chapter 195, RSMo.; use of an alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession that is licensed or regulated under Missouri law;
2. 
Final adjudication and finding of guilt, or the entrance of a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any State or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession that is licensed or regulated pursuant to Sections 324.520 to 324.524, RSMo., and the regulations promulgated thereunder or this Chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence or for any offense involving moral turpitude, whether or not sentence is imposed;
3. 
Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license;
4. 
Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
5. 
Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession that is licensed or regulated hereunder;
6. 
Violation of, or assisting or enabling any person to violate, any provision of this Chapter, Sections 324.520 to 324.524, RSMo., or of any lawful rule or regulation adopted thereunder;
7. 
Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;
8. 
Disciplinary action brought against the holder of a license or other right to practice any profession regulated pursuant to Sections 324.520 to 324.524, RSMo., granted by another State, territory, Federal agency or country upon grounds for which revocation or suspension is authorized in this State;
9. 
Final adjudication by a court of competent jurisdiction that a person is insane or incompetent;
10. 
Assisting or enabling any person to practice or offer to practice any profession licensed or regulated pursuant to Sections 324.520 to 324.524, RSMo., who is not licensed and is currently ineligible to practice;
11. 
Causing the City to issue a certificate of registration or authority, permit or license based upon a material mistake of fact;
12. 
Failure to display a valid license;
13. 
Violation of any professional trust or confidence;
14. 
Use of any advertisement or solicitation that is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
15. 
Failure or refusal to properly guard against contagious, infectious or communicable diseases or the spread thereof.
B. 
After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of Section 605.080. Upon a finding that the grounds, provided in Subsection (A), for disciplinary action are met, the City may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the City deems appropriate for a period not to exceed five (5) years or may suspend for a period not to exceed three (3) years or revoke the license, certificate or permit.