[R.O. 1992 § 616.010; Ord. No.
1798-00 § 1, 8-15-2000]
In this Chapter, unless the context requires otherwise, the
following words and phrases shall have the meanings respectively ascribed
to them by this Section:
BODY PIERCING
The perforation of human tissue other than an ear for a nonmedical
purpose.
BODY PIERCING FACILITY
Any room, or any part thereof, where body piercing is practiced
or where the business of body piercing is conducted.
CERTIFICATE OF INSPECTION
The written approval from the Director or an authorized representative,
that said tattoo/body piercing establishment has been inspected and
meets all of the terms of this Chapter relating to physical facilities,
equipment and layout for operation of such business.
DIRECTOR
The City Administrator or an authorized representative or
designee.
OPERATOR
An operator means any individual, firm company, corporation,
partnership, or association that owns or operates a tattoo/body piercing
parlor and any individual who performs or practices the art of tattooing
or body piercing on the person of another.
PERMANENT COLOR TECHNOLOGY
The process by which the skin is marked or colored by insertion
of nontoxic dyes or pigments into or under the subcutaneous portion
of the skin so as to form indelible marks for cosmetic or figurative
purposes.
TATTOO
One (1) or more of the following:
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 by branding.
TATTOO/BODY PIERCING STUDIO
Any place where persons are tattooed or body pierced for
consideration other than a licensed medical practitioner or where
tattooing or body piercing is regularly conducted whether or not it
is in exchange for compensation.
[R.O. 1992 § 616.020; Ord. No.
1798-00 § 1, 8-15-2000]
A. It shall be unlawful for any person to engage in the business of operating a tattoo/body piercing parlor without first obtaining a business license to engage in such business from the City Clerk in accordance with the provisions of this Chapter and Chapter
605 of this Code.
B. No person, including a permanent color technician, tattoo artist,
or body piercer shall perform tattooing or body piercing, display
a sign, or in any other way advertise or purport to be a permanent
color technician, tattoo artist, or body piercer unless that person
holds a valid business license issued by the City Clerk.
C. The license must be displayed in a prominent place in the tattoo/body
piercing studio.
D. A business license must be renewed annually in accordance with Chapter
605 of this Code.
E. In the case of a conflict between the provisions of this Chapter and Chapter
605, this Chapter controls.
[R.O. 1992 § 616.030; Ord. No.
1798-00 § 1, 8-15-2000]
A. The operator applying for a license to operate a tattoo/body piercing
studio shall include the following information in their application:
1.
The name, address, date of birth for the responsible individual,
and the full or legal name under which they will conduct business;
if a corporation, its name, date and place of incorporation, address
of its principal place of business, and the names of its principal
officers together with their respective addresses and date of birth,
and if a partnership, association, or unincorporated company, the
names of the partners, owners, and the managing officer or employee
and their business and residence address and date of birth of each
person identified.
2.
Submit a list of persons to be employed and working at the business,
including their names, addresses and date of birth.
3.
License history of other establishment operated by any person listed in Subsection
(A) as required by the Director.
4.
Certificate of inspection by the Director.
5.
Address of location of the proposed tattoo/body piercing studio.
B. To be granted a license, each owner, managing officer, and employee
must have not been convicted of a violation of the provisions of any
law applicable to tattoo parlor/body piercing operations, and has
not had a license for such operation revoked within the three (3)
years prior to submission of the applicant's application for
a license under this Chapter, must not be in arrears to the City for
any back taxes license fees or permit fees, Court fines, or judgments,
and must not have accepted directly or indirectly any loans, equipment,
money, credit or property of any kind, except ordinary commercial
credit as such term is defined in the Rules and Regulations of the
Supervisor of Liquor Control of the State of Missouri.
C. Pre-licensing inspection, upon receipt of initial license application,
shall be done to determine if the building and premises meet all health,
fire, zoning and building code requirements.
D. The City Clerk may issue a license to the operator of a tattoo/body
piercing parlor after determining that the tattoo/body piercing parlor
is in conformance with applicable statutes, rules, and building, health,
fine, and zoning codes.
[R.O. 1992 § 616.040; Ord. No.
1798-00 § 1, 8-15-2000]
A. Any license for the operation of a tattoo/body piercing studio may
be revoked at any time for violations of this Chapter by the Director;
providing, however, that such license may not be revoked by the Director
until the operator has been given an opportunity for a hearing before
the Director.
B. Upon receipt of an application for a hearing the Director shall forthwith notify the applicant of the date and place of the review. The Director, after taking into account all of the facts, shall thereupon take such action as he/she deems appropriate, including reinstatement, revocation, or suspension of the license. Appeal of the Director's decision may be made to the Board of Aldermen as provided in Chapter
605 of this Code.
[R.O. 1992 § 616.050; Ord. No.
1798-00 § 1, 8-15-2000]
A fee in the amount of three hundred dollars ($300.00) shall
accompany an application for an initial tattoo/body piercing studio
license. Any change of ownership shall require a new application and
license, with payment of fees therefor.
[R.O. 1992 § 616.060; Ord. No.
1798-00 § 1, 8-15-2000]
A. The tattoo/body piercing studio license fee for engaging in the business
of operating a tattoo/body piercing studio within the City shall be
one hundred dollars ($100.00) per annum per permanent color technician,
body piercing, and/or tattoo artist plus the actual cost involved
in any re-inspections deemed necessary due to multiple violations
of this Code. The application must be updated annually and the applicant
must meet the requirements of this Chapter in order to be eligible
for renewal.
B. No person shall:
1.
Sell, barter, or offer to sell or barter a license;
2.
Purchase or procure by barter a license with intent to use it
as evidence of the person's qualification to practice tattooing
or body piercing.
3.
Alter materially a license with fraudulent intent;
4.
Use or attempt to use as a valid license a license which has
been purchased, fraudulently obtained, counterfeited or materially
altered; or
5.
Willfully make a false, material statement in an application
for licensure or for renewal of a license.
[R.O. 1992 § 616.070; Ord. No.
1798-00 § 1, 8-15-2000]
A. Each person who operates a tattoo/body piercing studio shall comply
with the following requirements and maintain written records of such,
where indicated below, for inspection by the Director so as to prevent
or hinder the transfer of microorganisms from one (1) person or place
to another person or place. The tattoo/body piercing studio shall
be maintained in a sanitary condition at all times.
1.
Before administering a tattoo, the patron must be advised that
the tattoo should be considered permanent; that it can be removed
only with a surgical procedure; that any effective removal may leave
permanent scarring and disfigurement; that there is possible risk
and dangers associated with the application of each tattoo, including
possibility of discomfort or pain, the risk of infection, and the
possibility of an allergic reaction to the pigments or other materials
used. A written cautionary notice to that effect shall be furnished
to and signed by the patron and retained on file at the establishment.
2.
Inquiry shall be made, and a conformation report shall be completed and signed in front of a witness by all patrons testifying to their freedom from jaundice, hepatitis, the HIV/AIDS virus, and/or any other blood transmitted communicable disease prior to commencing a procedure of tattooing or body piercing. The licensee in accordance with Section
616.140 shall maintain confirmation reports.
3.
Written instructions approved by the Director regarding the
proper care of the tattooed or pierced skin, as a precaution against
infections shall be provided to each patron following the tattoo procedure.
These instructions shall include:
a.
Limit exposure to sun and swimming for a least two (2) weeks;
b.
Proper cleansing of tattoo area;
c.
Application of healing cream or ointment;
d.
Bandaging of tattoo or pierced area for a minimum of six (6)
hours;
e.
Information regarding who to contact at the tattoo parlor in
case of concerns or questions;
f.
Instructions to client to seek a health care provider in the
event of infection or allergic reaction, e.g., drainage, redness,
swelling, fever, etc.;
g.
Information regarding pain control, i.e., the use of acetaminophen
or ibuprofen;
j.
Witness (name and/or signature).
4.
Room Cleanliness Required.
a.
The room in which tattooing or body piercing is done shall have
an area of not less than fifty (50) square feet and shall have adequate
lighting of a least fifty (50) footcandles of illumination and shall
be properly ventilated. If fluorescent light bulbs are used to illuminate
a work area, said bulbs shall be within a boxed in lighting fixture.
The walls, floors and ceiling shall have impervious, smooth, and washable
surfaces. A toilet shall be located in the establishment and shall
be accessible to the public at all times when the tattooing establishment
is open for business. Adequate and conveniently located lavatory or
lavatories shall be supplied with hot and cold running water, germicidal
soap and single-service towels, self-dehydrating hand sanitizing products,
or other approved hand drying devices and refuse containers shall
be provided. Such facilities shall be kept clean and in good repair.
b.
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 the view
of waiting customers or observers by a panel of a least six (6) feet
high or by a door. The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair. No carpeting shall
be permitted and the rooms in which tattooing or body piercing is
performed shall be cleaned daily with a disinfectant.
5.
Barrier film should be placed for the tattoo artist work area
wherever there is a possibility of cross contamination. Barrier film
must be disposed of after each use. Tables shall have a disposable
covering and disposed of after each use.
6.
Neither the patron or operator shall consume or bring food or
drink into the tattooing/body piercing area and shall not smoke or
consume alcoholic beverages in the tattoo/body piercing studio during
the procedure, or in the room(s) where the tattooing or body piercing
takes place.
7.
If the operator will come into contact with the patron, fore
arm sleeves shall be worn to protect the patron from direct contact.
8.
The operator must be free from communicable disease while administering
tattoos or body piercing and present no pustule lesions or open wounds
of the hands or arms. The operator shall also be required to show
proof that he/she has received the hepatitis B vaccine series in the
manner prescribed by the Department of Health.
9.
Immediately before administering a tattoo or body piercing,
the operator must thoroughly wash his/her hands in hot water with
an anti-bacterial soap, using a short bristled brush for a period
of time no less than three (3) minutes and then dry the hands with
individual, single-use towels.
10.
The operator shall wear clean and easily cleanable smock or
disposable apron as well as single service examination gloves while
administering the tattoo or body piercing procedure. When a tattooing
or body piercing session is interrupted or immediately after gloves
are torn or perforated, gloves shall be removed and discarded and
hands shall be washed in the same manner as noted above and a fresh
pair of gloves used.
11.
The operator, while administering a tattoo or body piercing,
shall wear an effective hair restraint, must have clean fingernails,
and shall in general pay particular attention to his/her personal
hygiene. Beard guard or hair restraints shall be used where appropriate.
12.
The skin surrounding the area where the tattoo or body piercing
is to be placed shall first be washed with a germicidal skin preparation
and then shaved with a disposable blade. Following the preceding,
the skin must be gently scrubbed with Betadine or approved antibacterial
solutions or other United States Department of Agriculture approved
antiseptic products using a sterile gauze pad which shall be disposed
of after use.
13.
No tattooing or body piercing shall be done on any skin surface
that has rash, pimples, boils, infections or manifests any evidence
of unhealthy conditions.
14.
No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
or birthmark.
15.
Only disposable razors may be used and shall be promptly disposed
of after each use. No other type of razor may be used.
16.
Only petroleum jelly in collapsible metal or plastic tubes,
or its equivalent, as approved by the Director, shall be used on the
area to be tattooed or pierced and it shall be applied with sterile
gauze. The use of styptic pencils, alum blocks, or other solid styptics
to check the flow of blood are prohibited.
17.
Single-service or individual containers of dye or ink shall
be used for each patron and the container therefor shall be discarded
immediately after completing work on a patron and 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 only on one
(1) person and then immediately discarded. Any acetate tattoo stencils
shall be single-service and shall be properly discarded after use.
After completing work on any person, the tattooed or pierced area
shall be washed with a sterile gauze saturated with a Betadine afterwash
and an A&D ointment or equivalent, shall be applied to the tattoo/body
pierced area. A sterile gauze dressing shall then be applied and fastened
to the tattoo area with adhesive tape. No petroleum-based dressings
shall be applied to the tattooed area.
18.
All infections involving communicable diseases resulting from
the practice of tattooing or body piercing shall be reported to the
Director by the person owning or operating the establishment as soon
as it becomes known or suspected.
19.
No tattooing or body piercing shall be performed on a person
whom the operator suspects is under the influence of alcohol or drugs.
20.
Each tattoo artist, permanent color technician, or body piercer
shall have the education, training and experience, or any combination
thereof to practice aseptic technique and the proper use of sterile
equipment. All procedures shall be performed using aseptic and/or
sterile techniques.
[R.O. 1992 § 616.080; Ord. No.
1798-00 § 1, 8-15-2000]
A. All clean and ready-to-use needles and instruments shall be kept
in a closed glass or metal case or storage cabinet while not in use.
Such cabinet shall be maintained in a sanitary manner at all times.
Needles and tubes shall be individually sealed.
B. A steam sterilizer (autoclave) shall be provided for sterilizing
all needles and similar instruments before use on any customer, person,
or patron. Sterilization of equipment will be accomplished by exposure
to live steam for at least thirty (30) minutes after the chamber of
the autoclave has been evacuated of air at a minimum pressure of fifteen
(15) pounds per square inch, temperature of two hundred fifty degrees
Fahrenheit (250° F.). All autoclaves shall be cleaned daily and
Unisonics shall be cleaned with Benz-All and a cleaning solution.
Sterilized equipment shall be stored, wrapped, or covered in a manner
that will ensure that it will remain sterile until used. Each batch
of sterilized equipment shall be labeled with the date of the sterilization,
and the initials of the person sterilizing.
C. The needles and instruments required to be sterilized shall be used,
handled, and temporarily placed during tattooing or body piercing
so that they will not be contaminated. Needles and barrels shall be
kept in a dry heat with sterilization for no less than one (1) hour
at two hundred forty degrees Fahrenheit (240° F.) prior to application.
D. Records shall be kept on permanent file showing that a certified
waste disposal company disposed of any hazardous waste properly according
to law.
E. Spore tests shall be run at least monthly and permanent records of
such inspections by a third party approved by the Director shall be
kept on file.
F. If needles are made on the premises, the room in which they are made
shall be well ventilated in order to meet the Occupational Safety
Health Act requirements for harmful vapors. Needles made on the premises
shall be cleaned in a Unisonic, sterilized before packaging, and then
sterilized after packaging.
[R.O. 1992 § 616.090; Ord. No.
1798-00 § 1, 8-15-2000]
A. All pigments, dyes, colors, etc., used in tattooing or body piercing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each customer or patron shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded after use on each customer or patron. To avoid the possibility of cross-contamination, in the pouring of all pigments, dyes, colors, etc., from stock solutions, no part of the container of stock solution shall come into direct contact with the single service receptacle. Material data or safety records retention requirements of Section
616.140.
B. All bandages and surgical dressings used in connection with the tattooing
or body piercing of a person shall be sterile.
[R.O. 1992 § 616.100; Ord. No.
1798-00 § 1, 8-15-2000]
An applicant for a license to operate a tattoo/body piercing
parlor shall first obtain a certificate of inspection from the Director
or designee, indicating the establishment has been inspected and is
in compliance with the provisions of this Chapter. Said certificate
of inspection is valid for only one (1) year and therefore, a current
certificate must be presented each year upon application for renewal
of license.
[R.O. 1992 § 616.110; Ord. No.
1798-00 § 1, 8-15-2000]
The Director or designee may conduct periodic inspections of
any tattoo/body piercing studio 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 and other pertinent
ordinances. It shall be unlawful for any person or operator of a tattoo/body
piercing studio to willfully prevent or restrain the Director or designee
from entering any licensed establishment where tattooing or body piercing
is being performed for the purpose of inspecting said premises, after
proper identification is presented to the operator.
[R.O. 1992 § 616.120; Ord. No.
1798-00 § 1, 8-15-2000]
No tattoo or body piercing may be administered to any person
less than eighteen (18) years of age.
[R.O. 1992 § 616.130; Ord. No.
1798-00 § 1, 8-15-2000]
The licensee or operator of the establishment shall maintain
permanent records for each patron or customer. Before the tattooing
or body piercing operation begins, the patron or customer shall be
required personally to enter, on record form provided for such establishments,
the date, his/her name, address, age, serial number if a member of
the armed forces, and his/her signature. Such records shall be maintained
in the tattoo/body piercing studio and shall be available for examination
by the Director. The operator or licensee shall retain records for
a period of not less than three (3) years. In the event of a change
of ownership of closing of the business, all such records shall be
made available to the Director.
[R.O. 1992 § 616.140; Ord. No.
1798-00 § 1, 8-15-2000]
In addition to the revocation and suspension of any license,
any person violating any provision of this Chapter shall be fined
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each offense, imprisoned for a period of up
to ninety (90) days, or both, fine and imprisonment. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.