[Ord. No. 07-2022, 2-7-2022]
As used in this Chapter, the following terms shall have these
prescribed meanings:
BODY PIERCING
The perforation of human tissue other than an ear for a nonmedical
purpose.
BRANDING
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
MINOR
A person under the age of eighteen (18).
PERSON
Any individual, firm, corporation, partnership or company.
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.
[Ord. No. 07-2022, 2-7-2022]
It shall be unlawful for any person owning, controlling or leasing,
acting as agent for, conducting, managing or operating any establishment
to practice the art of tattooing or body piercing or to engage in
the practice of tattooing or body piercing without first obtaining
a business license for tattooing or body piercing and without first
paying all taxes, if any, due to the City and complying with the Herculaneum
Code of Ordinances and all rules and regulations of the City. Said
permit shall not be transferable.
[Ord. No. 07-2022, 2-7-2022]
A. No person shall knowingly tattoo, brand or perform body piercing
on a minor unless such person obtains the prior written informed consent
of the minor's parent or legal guardian. The minor's parent
or legal guardian shall execute the written informed consent required
pursuant to this Subsection in the presence of the person performing
the tattooing, branding or body piercing on the minor, or in the presence
of an employee or agent of such person. Any person who fraudulently
misrepresents himself or herself as a parent is guilty of a misdemeanor.
B. A person shall not tattoo, brand or perform body piercing on another
person if the other person is under the influence of intoxicating
liquor or a controlled substance.
C. No person under the age of eighteen (18) shall tattoo, brand or perform
body piercing on another person.
D. No practitioner of tattooing, body piercing or branding shall practice
and no establishment in which tattoos, body piercing or brandings
are applied shall be operated without:
1.
A license also issued by the Director of the Division of Professional
Registration with the State of Missouri in accordance with Section
324.522, RSMo.
2.
Being in compliance with Rules of Department of Commerce and
Insurance Division 2267 - Office of Tattooing, Body Piercing, and
Branding, 20 CSR 2267.
[Ord. No. 07-2022, 2-7-2022]
A tattoo/body piercing establishment, the permit of which has
been suspended, may at any time make application for the reinstatement
of the permit. Within one (1) week after the receipt of a satisfactory
application, accompanied by a statement signed by the applicant to
the effect that the violated provision of this Chapter has been conformed
with, the Mayor or his/her designee shall make a reinspection and
thereafter as many additional reinspections as he/she may deem necessary,
to assure himself/herself that the applicant is again complying with
the requirements of this Chapter and if in case the findings indicate
compliance, shall reinstate the permit.
[Ord. No. 07-2022, 2-7-2022]
A. Compliance. Any person maintaining, conducting, operating or managing
any tattooing/body piercing establishment shall comply with the following
regulations:
1.
General Regulations.
a.
No tattoo or body piercing may be administered by any person
under twenty-one (21) years of age to any person less than eighteen
(18) years of age. Where there is doubt about such age, the operator
will obtain proof of age before the tattoo or body piercing procedure
is done.
b.
Before administering a tattoo or body piercing, the patron shall
be advised that the tattoo should be considered permanent; tattoos
can be removed only with surgical procedure; and that any effective
removal may leave permanent scarring and disfigurement. The patron
must be advised that body piercings are not permanent and must be
cared for to keep it functional and free of infection. A written cautionary
notice to that effect shall be furnished to and signed by the patron
and retained on file at the establishment for a period of three (3)
years. Such records shall be made available to the Building Official
or his/her designee upon demand.
c.
Neither the patron nor operator shall consume or bring food
or drink into the tattooing or body piercing area and shall not smoke
during the procedure or in the room(s) where the tattooing takes place.
d.
The tattoo operator shall be free from communicable disease
while administering tattoos or piercing and present no pustular lesions
of the hands or arms.
e.
Immediately before administering a tattoo or piercing, the operator
must thoroughly wash his/her hands in hot water with soap, using a
short-bristled brush and then dry the hands with a disposable towel.
f.
The operator shall wear a clean and easily cleanable smock while
administering the tattoo or piercing procedure.
g.
The operator, while administering a tattoo or piercing, shall
wear an effective hair restraint, must have clean fingernails and
shall in general pay particular attention to his/her personal hygiene.
h.
The skin surrounding the area where the tattoo or piercing is
to be placed shall first be washed with a germicidal soap and then
shaved with a disposable blade. Following shaving, the skin must be
gently scrubbed with seventy-percent isopropyl alcohol using a sterile
gauze pad which shall be disposed of after use.
i.
During any phase of the tattoo or piercing procedure, should
the operator be interrupted for other duties, i.e., answering the
phone, etc., the operator shall wash his/her hands as in Subsection
(B)(5) herein before resuming the tattoo or piercing procedure.
j.
The tattoo shall be bandaged with a sterile non-stick-type bandage
when the tattoo is finished.
k.
All infections resulting from the practice of tattooing shall
be reported to the Building Official by the person owning or operating
the tattooing establishment.
2.
Premises.
a.
Floors. The floor of any room in a tattoo shop where tattoo
procedures occur shall be of good construction, easily cleanable and
non-absorbent. All floors shall be kept clean at all times.
b.
All tables and chairs used in the tattooing process shall be
constructed of a material allowing easy and thorough cleaning and
shall be maintained in a clean and sanitary condition.
c.
Walls and Ceilings. All walls and ceilings, including doors,
windows, skylights and similar closures, shall be kept clean and in
good repair.
d.
Ventilation. All ventilation shall be in compliance with applicable
ordinances and regulations of the City of Herculaneum.
e.
Lighting. All cleaning and working areas shall be provided with
a minimum of fifty (50) footcandles of light power.
f.
Health Facilities. Each room where tattooing is done shall be
equipped with a hand-washing lavatory equipped with hot and cold running
water under pressure. Soap and sanitary towels shall be provided at
each lavatory. Notwithstanding other provisions of this Subsection
to the contrary, facilities required by this Subsection may be provided
in another room, other than a restroom, provided that antiseptic waterless
hand foam is provided in each tattoo room. Adequate toilet facilities
with soap and towels properly installed and in compliance with applicable
ordinances, rules and regulations of the City of Herculaneum shall
be provided.
g.
Tattoo Rooms. Areas or rooms where tattooing is done shall be
separated from the rest of the building by walls and/or partitions.
The building and premises shall be kept in a clean and sanitary condition
at all times and kept free from all health hazards.
3.
Instruments.
a.
All instruments, such as needles and other items of any material,
which come into contact with the human skin shall be sterilized before
use. A separate sterilized needle or instrument shall be used for
each patron. No sterile instrument shall be kept for more than ninety
(90) days without resterilization. Date of sterilization shall be
written on the package containing sterile instruments in permanent
ink or print.
b.
Method Of Sterilization. All instruments which come in contact
with the human skin shall be sterilized by the following method: Sterilization
shall be caused by steam under pressure at a temperature not less
than 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 of pressure per square inch for fifty-five
(55) minutes from cold start or thirty-five (35) minutes from hot
start or any method approved by State and City health authorities.
c.
Needles. All needles shall be single service. All sharps shall
be disposed of in a capped, puncture-proof "sharps" containers filled
with a solution of five and one-quarter percent (5.25%) bleach in
accordance with Federal and State laws and regulations.
d.
All instruments shall be stored in a closed metal or glass container.
e.
All acetate tattoo stencils shall be cleaned with seventy percent
(70%) isopropyl alcohol between customers or individuals; transfers
of tattoo designs shall be used once and discarded.
4.
Tattooing Ink.
a.
General Requirements. All ink used in tattooing shall be sterile
and of a type recommended for tattooing.
b.
Containers. Ink shall be poured into single-service, disposable,
sterile caps, ink cups or trays and not reused from one (1) client
to another. No large containers of ink or color materials shall be
used. Caps, cups and trays shall be discarded after use to preclude
or mitigate against the possibility of contamination of sterile items.
[Ord. No. 07-2022, 2-7-2022]
The City shall cause the City Building Official or his/her designee
to inspect all tattooing shops at least once every six (6) months
to determine compliance with this Chapter and to issue a certificate
of compliance.
[Ord. No. 07-2022, 2-7-2022]
If, at any time, the City advises the operator of a tattooing
shop that said operator is in violation of the health and sanitary
provisions for herein, the City shall immediately suspend said operator's
license until such time as the operator is offered an opportunity
to respond to the City's finding. Such opportunity to respond
must be granted within five (5) days of the date of suspension. Said
opportunity to respond shall be before the Board of Aldermen. Said
operator may be represented at said opportunity to respond by a representative,
in person, or both.
[Ord. No. 07-2022, 2-7-2022]
Tattoo operators shall not attempt to remove tattoos. Any attempt
by a tattoo operator to remove a tattoo shall result in the immediate
suspension of the business license.
[Ord. No. 07-2022, 2-7-2022]
Any person who shall violate any of the provisions of this Chapter
or fail to comply with any order or regulation made thereunder shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).