[§ 1, Ord. 1107-11, eff. April 14, 2011]
The City Council finds that tattoo establishments can, if carelessly
operated, spread blood borne pathogens and transmit communicable diseases
through various means. In order to ensure that tattoo establishments
operate safely, the City Council finds that it is necessary for such
establishments to be regulated in various ways, including licensing
and registration of proprietors and operators and adoption of operating
standards to ensure the safety of customers and employees. It is the
intent of the City Council for the Los Angeles County Department of
Health Services to continue its regulatory functions with respect
to tattoo establishments, and for the regulations codified in this
chapter to supplement requirements imposed by the County.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
ANTISEPTIC – Shall mean a liquid or semi-liquid substance that
is approved by the U.S. Food and Drug Administration, as indicated
on the label, to reduce the number of microorganisms present on the
skin and on mucosal surfaces.
(b)
BLOOD BORNE PATHOGEN(S) – Shall mean disease causing microorganisms
that, when present in the blood, can be transmitted to humans. These
microorganisms include, but are not limited to, Hepatitis B Virus
(HBV), Hepatitis C Virus (HCV) and Human Immunodeficiency Virus (HIV).
(c)
BODY ART – Shall mean the practice of physical body adornment
including, but not limited to, the following techniques: body piercing,
tattooing, or application of permanent cosmetics.
(d)
BODY ART FACILITY – Shall mean the area within a building or
other location in which a practitioner performs body piercing, tattooing,
or application of permanent cosmetics, including the preparation and
procedure area, as defined in this section.
(e)
BODY PIERCING – Shall mean the creation of an opening in the
human body for the purpose of inserting jewelry or decorative objects.
This includes but is not limited to piercing of an ear, lip, tongue,
nose, belly button, cheek, forehead, or eyebrow. Body piercing does
not, for the purpose of this chapter, include piercing the leading
edge or earlobe of the ear with a sterile, disposable, single-use
stud or solid needle that is applied using a mechanical device to
force the needle or stud through the ear.
(f)
CLIENT – Shall mean any individual who receives a body piercing,
tattoo or application of permanent cosmetics from a practitioner as
defined in this section.
(g)
DISINFECTANT – Shall mean a product that is approved by the
U.S. Environmental Protection Agency, as indicated on the label, to
reduce or eliminate the presence of disease causing microorganisms.
(h)
HEALTH OFFICER – Shall mean the Los Angeles County Health Officer
or his or her designee.
(i)
INSTRUMENT – Shall mean any tattooing, body piercing or permanent
cosmetics equipment or device that comes into contact with intact
skin, non-intact skin, or mucosal surfaces. Such equipment includes,
but is not limited to, needles, needle bars, needle tubes, forceps,
hemostats, tweezers, razors, razor blades, or other tools and devices
used to insert pigment or pierce the skin or mucosal surfaces of the
human body. Such equipment also includes studs, hoops, rings, or other
decorative jewelry, materials or apparatuses inserted into any part
of the body for the intended purpose of placement in a hole resulting
from piercing.
(j)
PERMANENT COSMETICS – Shall mean the application of pigments
inserted into or under the surface of human skin for the purpose of
permanently changing the color or appearance of the skin. This includes,
but is not limited to, permanent eyeliner, eye shadow or lip color.
(k)
PRACTITIONER – Shall mean an individual that performs tattooing
or body piercing or who applies permanent cosmetics as defined in
this chapter.
(l)
PREPARATION AREA – Shall mean a room or a designated portion
of a room that is used to clean and sterilize reusable instruments
that are used for tattooing, body piercing or permanent cosmetics.
(m)
PROCEDURE AREA – Shall mean a room or a designated portion
of a room where tattooing, body piercing or the application of permanent
cosmetics is performed.
(n)
PROPRIETOR – Shall mean the person having general control and
management over the conduct of business at a body art facility, or
the person operating such establishment, whether or not such person
is the legal owner of the premises or the business.
(o)
PURCHASED PRESTERILIZED EQUIPMENT – Means any individually
packaged, single-use instruments, devices and/or needles that are
obtained after processing to render them free of all microbial life
forms. Each package shall have the manufacturer's processing
identification number and date of expiration.
(p)
SHARPS WASTE – Shall mean any instrument or object, including
but not limited to needles or razor blades, that has been used to
penetrate the skin or mucosa to perform tattooing, body piercing or
the application of permanent cosmetics or otherwise contaminated by
coming into contact with blood or surfaces that have not been disinfected
or sterilized.
(q)
TATTOOING – Shall mean to pierce or puncture the human skin
with a needle or other instrument for the purpose of the application
of pigments or the inserting of pigment under the surface of the skin;
the application of pigments or inks inserted into or under the skin
for the purpose of producing a mark or production of scars.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Each proprietor shall establish, maintain and follow, at each body
art facility, a written Infection Prevention and Control Plan.
(b)
The Infection Prevention and Control Plan shall include, at a minimum,
the following:
(1)
Procedures for cleaning and disinfection of surfaces in the
preparation and procedure areas;
(2)
Procedures for maintaining the sterility or integrity of instruments,
equipment and other material used during tattooing, body piercing
or permanent cosmetics;
(3)
Procedures for cleaning, packaging, sterilizing and storing
reusable instruments and equipment;
(4)
Procedures for the safe handling and disposal of sharps waste;
and
(5)
Inventory (names, manufacturers, container size) of all chemicals
and disinfectants and their intended use.
(c)
The Infection Prevention and Control Plan shall be revised by the
proprietor whenever changes in practices or procedures are made.
(d)
The proprietor shall be responsible for ensuring that the Infection
Prevention and Control Plan is followed.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Body art facilities shall conspicuously post their health permits
in the facility's lobby.
(b)
Body art facilities shall not be used as food establishments, for
human habitation or any other use which may cause contamination of
the instruments or equipment used for body art procedures.
(c)
The floors, furnishings and equipment of body art facilities shall
be kept clean at all times during business hours.
(d)
Adequate lighting and ventilation shall be provided in the preparation
and procedure areas.
(e)
Adequate toilet facilities shall be made available. Toilet rooms
and bathrooms shall not be used for the storage of instruments or
other supplies used for body art activities.
(f)
Rooms used for tattooing, body piercing or permanent cosmetic procedures
shall be separated by a wall or partition from those areas used for
nail, hair and other activities.
(g)
All sinks shall be supplied with hot (at least 110° F.) and cold
running water.
(h)
A readily-accessible sink shall be made available to all body art
practitioners and equipped with liquid soap and single-use paper towels
dispensed from wall-mounted dispensers that protect the supply from
contamination.
(i)
Pets and other animals, except for trained guide or assistance animals
for the disabled, shall not be allowed in body art facilities. No
trained guide or assistance animal shall be allowed in the procedure
or preparation areas.
(j)
No person in body art facilities shall utilize or maintain body art
equipment that does not comply with the requirements of this chapter,
unless that equipment is maintained in an appropriately secure viewing
area for historical purposes only.
(k)
Proprietors shall maintain the body art facilities under their control
in a clean and sanitary manner.
(l)
All solid surfaces and objects in the procedure and preparation areas
shall be immediately cleaned and disinfected after each use with an
appropriate bleach solution or other Environmental Protection Agency
("EPA")-registered disinfectant labeled "tuberculocidal." Manufacturer's
instructions for concentration, contact time and disposal requirements
for all disinfectants must be observed.
(m)
All practitioners shall wear disposable gloves when touching, cleaning
or handling surfaces or objects soiled or potentially soiled with
blood. Disposable gloves worn by body art practitioners shall be promptly
removed, and hands immediately washed whenever practitioners leave
the procedure or preparation areas.
(n)
Each procedure and preparation area shall have waste receptacles
which are lined with plastic waste bags manufactured to properly fold
over the top margin of the waste container.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Instruments that pierce the skin or touch non-intact skin and which
are intended for reuse shall be cleaned, packaged in appropriately-labeled
sterilizer pouches, and sterilized prior to each use.
(b)
Used instruments intended for sterilization and reuse shall be placed
in a container of clean water until properly cleaned and sterilized.
Used instruments must be kept physically separate from sterilized
or unused disposable instruments. Disposable instruments must be immediately
and directly disposed of in a sharps container or into the appropriate
trash receptacle after use.
(c)
If used, ultrasonic cleaners shall be maintained and operated according
to the manufacturer's instructions.
(d)
If an ultrasonic cleaner is not available, instruments shall be manually
cleaned and disinfected according to the manufacturer's instructions
by scrubbing with a brush and a disinfectant.
(e)
Clean instruments waiting to be sterilized shall be placed in sterilizer
pouches that contain either a sterilizer indicator or internal temperature
indicator. Each pouch shall contain instruments for not more than
one client. The outside of the pouch shall be labeled with the name
of the instrument, date sterilized and initials of the person operating
the sterilizer equipment.
(f)
Instruments must be repackaged and resterilized in the following
circumstances:
(g)
Sterilized instruments must be maintained and stored in sterilized
pouches until use.
(h)
Sterilizers shall be operated according to manufacturer's instructions.
If manufacturer's instructions cannot be obtained, steam sterilization
shall be accomplished in an autoclave with at least 15 pounds of pressure
per square inch at a temperature of 250° F. for at least 30 minutes
or as instructed by the local Health Officer should the standards
of sterilization change over time.
(i)
Liquid sterilizers shall not be used to sterilize instruments.
(j)
Sterilized instruments shall be placed in clean, dry, labeled containers
or stored in a labeled cabinet that is protected from dust and water
contamination.
(k)
Sterilization equipment shall meet the following requirements:
(1)
Only sterilizers intended for medical instruments shall be used.
Sterilization equipment shall be cleaned and maintained according
to manufacturer's instructions.
(2)
Sterilization equipment shall be tested after the initial installation,
after any major repair, and at the frequency recommended by the manufacturer.
If no manufacturer's recommendation can be found, the unit shall
be tested at least weekly by a biological monitoring system appropriate
for the sterilizer type.
(3)
Biological indicator test results shall be maintained on site
and available for review for a period of two years subsequent to the
date of the results.
(l)
A written log of each sterilization cycle shall be maintained on
site and available for review for a period of two years, and shall
include the following information:
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Practitioners using only purchased, disposable, single-use and presterilized
instruments shall not be required to use sterilization equipment.
(b)
Invoices for the purchase of all presterilized instruments must be
maintained on site and available for review for a period of two years
after purchase. Required invoices include, but are not limited to,
combo couplers, needle chambers, barrels, casings, tips and needles.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Every practitioner as defined in this chapter shall register with
the Los Angeles County Department of Health Services and shall display
in an area readily visible to the public proof of registration pursuant
to the regulations contained in the California Health and Safety Code.
(b)
Registration of all practitioners is required at least every three
years.
(c)
Proprietors and operators shall comply with all licensing, operating
and other regulatory requirements imposed by the County of Los Angeles
with respect to tattoo establishments.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
No body art procedures shall be performed on skin surface areas containing
any rash, pimple, boil or infection or otherwise manifesting any evidence
of unhealthy conditions including, but not limited to, any evidence
of inflammation, such as redness, swelling, infection or open or draining
lesions.
(b)
Prior to commencing a tattooing, body piercing or permanent cosmetic
procedure, the client shall read, sign and receive a copy of an informed
consent form and all appropriate post-procedure instructions.
(c)
A copy of the signed informed consent form and post-procedure instructions
provided to each client seeking a body art procedure must be maintained
on site and available for review for a period of two years after the
procedure is performed.
(d)
The consent form and post-procedure instructions shall include, at
a minimum, the following information:
(1)
A record of information obtained from the client's picture
identification card, including the client's name, date of birth,
gender, address and driver's license or identification card number;
(2)
A summary of the procedure(s) provided, including date, location
and description;
(3)
What the client should expect post-procedure, including any
potential medical complications;
(4)
A questionnaire relating to the client's health history,
including history of herpes, diabetes, allergic reactions to latex
or antibiotics, cardiac valve disease or disease requiring the administration
of antibiotics prior to dental or surgical procedures, and hemophilia
or any other bleeding disorder or the use of anticoagulants which
might affect the healing of the tattoo;
(5)
A statement regarding the permanent nature of body piercing,
tattooing or permanent cosmetics;
(6)
Post-procedure care instructions;
(7)
Post-procedure restrictions on activities such as bathing, swimming,
gardening or contact with animals;
(8)
Information regarding signs and symptoms of infection; and
(9)
A statement advising the client that he/she should consult a
physician should any of the listed signs and symptoms of infection
present themselves.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
No body art procedures shall be performed unless the practitioner
is free of all pustular skin lesions and communicable disease that
may be transmitted in the normal practice of body art.
(b)
No practitioner shall eat, drink or smoke while performing a body
art procedure.
(c)
Prior to performing any body art procedure, practitioners must thoroughly
wash and dry their hands. Practitioners shall only use soap in a single-service
soap dispenser, lathering for at least 10 seconds and rinsing under
a stream of running water. Practitioners shall dry hands using only
single-service towels from a sanitary dispenser or a hot air blower.
Practitioners shall wear new, disposable exam gloves for every client.
Gloves must be discarded between each client, and hands washed each
time gloves are changed. If a glove is pierced, torn or contaminated
through contact with any person other than the client or with a contaminated
surface, both gloves shall be removed and discarded. A single pair
of gloves may not be used on more than one person.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
Body art procedures may only be performed on skin that is adequately
prepared prior to the procedure. For purposes of this section, skin
shall be considered properly prepared if it is thoroughly cleaned
with antiseptic according to the manufacturer's instructions.
If necessary, the skin shall be shaved with a new, single-use disposable
razor.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
All inks, pigments, petroleum jellies, soaps and other reusable products
used in a procedure shall be dispensed from containers so as to prevent
contamination of the original container and its contents.
(b)
Pigments shall be placed into clean single-use cups or caps that
must be disposed of immediately upon completion of the procedure.
(c)
Single-use rinse cups shall be disposed of immediately upon completion
of the procedure.
(d)
Reusable rinse cups shall be cleaned and disinfected upon completion
of the procedure.
(e)
All inks, dyes and pigments used shall be commercially manufactured
for the specific type of procedure and shall be used according to
the manufacturer's instructions.
(f)
All products applied to the skin, including but not limited to stencils,
shall be single-use and disposed of immediately upon completion of
the procedure.
(g)
Needles and needle bars shall be sterilized prior to tattooing or
shall be purchased presterilized. Needles shall be used only once
and then disposed of. When the needle bar is to be reused, the practitioner
must do the following:
(1)
Carefully remove the used needles from the needle bar to reduce
the risk of needle stick injury and dispose of in a sharps container;
or
(2)
Clean the needle bar and needles either by soaking in a disinfectant
and scrubbing with a brush, or by using an ultrasonic cleaner, and
dispose of the needles in a sharps container.
(h)
If the practitioner uses a rotary pen or traditional coil machine
that reuses components, the practitioner is required to use sterilization
equipment on all reusable parts that make contact with the client
or blood.
(i)
All rotary pens and other devices used to apply pigments must be
designed and used to prevent the backflow of pigments into the machine.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
All jewelry or other objects inserted into newly-pierced skin shall
be sterilized or purchased pre-sterilized, in good condition, and
designed and manufactured for insertion into the intended body part.
(b)
Only jewelry or other objects made of implant-grade stainless steel,
solid 14 karat through 24 karat gold, niobium, titanium, platinum
or other materials determined to be equally biocompatible shall be
placed in newly-pierced skin.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Each procedure area shall provide a container for the disposal of
sharps waste. The container must be rigid, puncture-resistant and
leak-proof. The container must also be closeable and sealable so that,
when sealed, the container can only be reopened with great difficulty.
The container must be labeled with the phrase "SHARPS WASTE" and/or
with the international biohazard symbol and the word "BIOHAZARD."
(b)
All sharps waste produced during the process of tattooing, body piercing
and permanent cosmetics shall be removed and disposed of through use
of a Registered Medical Waste Hauler to a qualified Medical Waste
Facility in accordance with the provisions of the California Medical
Waste Act. Tracking documents must be maintained onsite and available
for review for a period of two years from the date of removal from
the body art facility.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Each body art facility shall have a manager on the premises during
all hours of operation who shall be responsible for the operations
and maintenance of the facility, for compliance with all licensing
requirements and to observe and supervise the actions of all persons
on the premises.
(b)
Each body art facility shall provide a lobby or other seating area
where customers and other invitees of the business may be seated while
waiting or otherwise not having body art applied.
(c)
No body art facility shall knowingly permit loud, boisterous, lewd,
violent or threatening behavior by clients or staff while in the facility
or in any parking lot or other adjacent area under the control of
the body art facility.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
Tattoo designs and styles shall not be displayed on storefront windows
or the exterior of any building housing a tattoo establishment. Only
the name of the business shall be advertised on the building's
exterior.
(b)
Customers receiving tattoos shall be screened from the main entrance
or lobby and from any storefront window by privacy wells.
(c)
Storefront windows of a tattoo establishment shall not be painted
or covered in any manner that prevents exterior visibility into the
premises.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
No body art facility shall operate except between the hours of 8:00
a.m. and 10:00 p.m. on Sunday through Thursday and 8:00 a.m. and 12:00
a.m. on Friday and Saturdays.
(b)
The hours of operation shall be posted in a conspicuous place in
the lobby of the establishment and in a window or other location visible
from the outside.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
(a)
No body art facility shall be operated in a manner which constitutes
a nuisance.
(b)
Operation of a body art facility in violation of this chapter or
applicable penal or health statute of the State of California shall
constitute a public nuisance.
(c)
A body art facility may be found to be a nuisance on the basis of
multiple violations of this chapter, or any penal or health statute
of the State of California or of multiple complaints which have been
resolved against the proprietor.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
Potential owners or proprietors who wish to establish a body art facility pursuant to this chapter must apply for and obtain a conditional use permit as set forth in Article 4 of Chapter 9-8 of Title 9 of the AMC before operating such facility.
[§ 1, Ord. 1107-11, eff. April 14, 2011]
Body art facilities shall only be conditionally permitted in areas zoned Commercial or Special Commercial as defined in Articles 2 and 3 of Title 9, Chapter 9-6 of the AMC, except that body art facilities are not permitted on Crescent Avenue or on Pebbly Beach Road between Crescent Avenue and Cabrillo Mole.
