[Ord. No. 1226 §1, 10-17-2007]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A chemical product or substance that kills or inhibits the
growth of bacteria and organisms on skin, living tissue or work areas.
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.
An apparatus, device or mechanism for sterilizing articles
by using superheated steam under pressure.
The perforation of human tissue other than an ear for a non-medical
purpose.
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:
Nose;
Tongue;
Nipple;
Eyebrow;
Navel;
Labrets (lips and around the mouth);
Male genitals;
Female genitals;
Multiple piercing in the same area; and
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.
The premises where a body piercer performs body piercing.
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
Any individual who, for a fee, performs branding on a patron
at the patron's request.
The premises where a brander performs the process of branding.
The City of Dardenne Prairie, Missouri.
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.
Any substance defined in Section 195.010, RSMo.
A chemical that is capable of destroying disease-causing
organisms on inanimate objects, with the exception of bacterial spores.
The Division of Professional Registration for the State of
Missouri.
Water at a temperature of one hundred eleven degrees Fahrenheit
(111°F) or higher.
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.
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.
A person under the age of eighteen (18).
Either of the following:
The metal or plastic device used to attach the needle to
a tattoo machine.
The Missouri Office of Tattooing, Body Piercing and Branding.
The owner or person responsible to the owner for the operation
of a tattoo, body piercing and/or branding establishment.
A person receiving a tattoo, body pierce or brand.
A tattooist, body piercer and/or brander.
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.
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.
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.
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.
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.
The premises where a tattooist performs tattooing on patrons.
An electrical instrument used in conjunction with a tube,
needle and needle bar to make indelible marks on the skin.
Any individual who, for a fee, tattoos a patron at the patron's
request.
Water ranging in temperature of eighty-five degrees Fahrenheit
(85°F) to less than one hundred ten degrees Fahrenheit (110°F).
A cleaning device that operates at forty to sixty (40 —
60) hertz.
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);
[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:
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.
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:
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.
