[HISTORY: Adopted by the Borough Council of the Borough of Tamaqua 9-17-2002 by Ord. No. 556. Amendments noted where applicable.]
Except where specified in the following definitions, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular:
BODY PIERCING
The process of breaching the skin or mucus membrane for the purpose of insertion of any object, including, but not limited to, jewelry for cosmetic purposes. The term does not include ear piercing or nail piercing.
DEPARTMENT
The Tamaqua Board of Health.
HEALTH OFFICER
The Health Officer of the Tamaqua Board of Health or its duly authorized representative.
OPERATOR
Any individual, partnership, firm, company, corporation or association that owns or operates an establishment where tattooing and/or body piercing is performed and any individual who performs or practices the art of tattooing and/or body piercing on another person, whether or not for profit.
TATTOO, TATTOOED, TATTOOING
Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.
A. 
Licensing required. It shall be unlawful for any person, partnership, firm, company, corporation, or association to engage in the business of operating or being an operator of a tattoo and/or body piercing establishment whether or not for profit without first obtaining a license to engage in such business, in accordance with the provisions of this chapter and unless abiding by the provisions hereof. If a tattoo and/or body piercing establishment has been permitted prior to the effective date of this chapter, such establishment shall have three months from the date of this chapter to apply for a permit which shall then expire pursuant to Subsection C hereof. Upon the issuance of a license to a tattoo and/or body piercing establishment permitted prior to the effective date of this Act or three months after the effective date of this chapter, whichever occurs first, such establishments shall be subject to all the provisions of this chapter. No tattooing and/or body piercing establishment may apply for a transient retail business license pursuant to Chapter 240, Peddling and Soliciting, Article I, Transient Retail Businesses, as amended.
B. 
Application for license. Applicants for a license under this chapter shall submit to the Department a written application containing such data as required by the Department.
C. 
Fee; expiration. Each such applicant, before being granted a license, shall pay a fee as set from time to time by resolution of Borough Council per year, or for any portion thereof. Each license shall expire on December 31 of the year in which such license is issued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Display of license. The license provided for in this chapter shall be posted conspicuously at the location where the applicant/operator conducts the tattooing.
A. 
The application for the license shall be referred to the Department. The Department shall inspect the proposed location to determine if it complies with the health and sanitary provisions of this chapter.
B. 
The Health Officer may conduct periodic inspections of any tattooing and/or body piercing establishment for the purpose of determining whether or not said establishment and the persons performing the art of tattooing and/or body piercing therein are in compliance with all applicable health provisions contained within this chapter. It shall be unlawful for any person or operator of a tattooing and/or body piercing establishment to willfully prevent or restrain the Health Officer from entering any licensed establishment where tattooing and/or body piercing is being performed for the purpose of inspecting said premises after proper identification is presented to the operator or employee present at the tattooing and/or body piercing establishment.
Every operator who operates a tattooing and/or body piercing establishment shall comply with the following requirements:
A. 
The room in which tattooing and/or body piercing is done shall have an area of not less than 100 square feet. The walls, floors and ceilings shall have an impervious, smooth, washable surface and shall be painted or finished in a light color. Carpeting is prohibited in tattooing area(s) and toilet room(s).
B. 
A restroom with a toilet shall be located in the establishment and shall be accessible at all times the tattooing and/or body piercing establishment is open for business. The restroom shall also be supplied with hot and cold running water, soap and single-use towels provided in approved dispensers. Single-use towels provided in approved dispensers shall also be located in each room where tattooing and/or body piercing is performed.
C. 
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth, washable finish and shall be separated from waiting customers or observers by a permanent partition at least four feet high.
D. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
E. 
The operator shall scrub his/her hands thoroughly with soap and water before starting to tattoo and/or body pierce; the hands shall be dried with individual, single-use towels. Sterile surgical gloves shall be worn by the operator when tattooing or body piercing. Gloves shall be used only once and then disposed of in a manner as prescribed by the Department.
F. 
While tattooing, a single-service blade razor shall be used for each customer or client and disposed of in a sharps container.
G. 
The area to be tattooed or body pierced shall first be thoroughly scrubbed with an antiseptic soap for a minimum of two minutes, and an approved sterilizing preparation used. Waste materials shall be deposited in an easily cleanable, covered waste container provided in the tattooing and/or body piercing area.
H. 
An antibiotic ointment that the customer or client is not allergic to shall be used on the area to be tattooed or body pierced, and it shall be applied with sterile gauze.
I. 
The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.
J. 
Operators of tattoo and/or body piercing establishments shall be supplied by the Tamaqua Board of Health, with literature on hepatitis B and C, and HIV. The operator shall distribute copies of this literature to all customers and clients. Each operator shall obtain a written acknowledgment by each customer and client that they have received the literature referred to above and shall retain each written acknowledgment as proof of compliance of this section.
K. 
Single-service or individual containers of dye, ink or needles shall be used for each client or customer and shall be discarded immediately after completing work on a customer or client by being placed in a sharps container, which container shall be disposed of according to the contract of the company with which the operator is dealing. The operator shall obtain and keep on file a receipt for each such container used for this purpose. Any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual, sterile sponge or a disposable paper tissue, which shall be used on one person and then immediately discarded. After completing work on any person, the tattooed or body pierced area shall be washed with sterile gauze, saturated with an antiseptic soap solution approved by the Health Officer, or a 70% alcohol solution. The tattooed or body pierced area shall be allowed to dry.
L. 
No tattoo establishment may attempt to remove a tattoo from any person or allow such a procedure to take place on its premises.
M. 
No holder of a license hereunder, or the servant or employee of such holder, shall tattoo or body pierce any person under the age of 18 years without first obtaining a written parental authorization. All parental authorizations shall be maintained on file and be available for inspection for a period of seven years after the customer or client has reached the age of 18. A copy of the parental authorization shall be provided to the parent of the minor by the operator. Proof of age will be required of all clients or customers.
N. 
Animals shall not be permitted in the tattooing and/or body piercing establishment except where permitted by state law.
O. 
All clean and ready-to-use needles and instruments shall be kept in a locked, closed glass or locked metal case or storage cabinet while not in use. The key to the case or cabinet shall be secured by the operator or employee in charge and kept on his person while the premises are open to the public for business. Such cabinet or case shall be maintained in a sanitary manner at all times.
P. 
A steam sterilizer (autoclave) shall be provided for sterilizing reusable needles and similar instruments (to the extent expressly permitted by this chapter) before use on any customer or client. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240° F. The autoclave shall be provided with a thermometer reading ±2° accuracy and an accurate steam pressure gauge. Alternate sterilizing procedures may only be used when specifically approved by the Health Officer.
Q. 
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing and/or body piercing so that they not be contaminated. Animals are not to be tattooed or body pierced with any of the instruments used in tattooing or body piercing customers.
R. 
No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed or body pierced. All infections resulting from the practice of tattooing or body piercing which become known to the operator shall promptly be reported to the Health Officer by the person owning or operating the tattooing and/or body piercing establishment.
S. 
All pigments, dyes, colors, etc., used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances.
T. 
All bandages and surgical dressings used in connection with the tattooing or body piercing of a person shall be sterile.
U. 
In order to carry out the intent of this chapter, the Tamaqua Board of Health may promulgate, from time to time, rules and regulations pertaining to the requirements of sanitation, cleanliness, adequacy of facilities, equipment and operation of a tattooing and/or body piercing establishment consistent with this chapter.
A. 
A tattoo and/or body piercing establishment license may be suspended or revoked by the Health Department upon the occurrence of any of the following events:
(1) 
The application for such license contained a false statement(s);
(2) 
The operator has violated the provisions of this chapter; and/or
(3) 
The operator is convicted and pleads guilty or nolo contendere to an offense listed under the Pennsylvania Crimes Code relating to the conduct of business in the tattoo establishment.
B. 
The Health Officer shall serve the tattoo and/or body piercing establishment with written notice of said suspension or revocation, specifying the reasons therefor, before said suspension or revocation shall become effective. Service of said notice shall be deemed effective if delivered to the person in apparent charge of the tattoo and/or body piercing establishment.
C. 
The tattoo and/or body piercing establishment shall have the right to make a written request for a hearing on said suspension or revocation, setting for the reasons, in writing, which hearing shall be held before the Board of Health within 10 days after the receipt of the written request for a hearing, whether or not the suspension or revocation was effective immediately. The Board of Health shall uphold, reverse or modify such suspension or revocation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the revocation and suspension of any license, as provided in this chapter, any operator or other person who shall violate any provision of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.