This article provides for the rules for the licensing and regulation
of tattoo and certain body piercing studios and temporary locations.
(1983 Code, sec. 14-276(a); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
All
tattoo and certain body piercing studios and temporary locations shall
comply with the minimum standards specified in this article in addition
to the existing standards contained in the Tattoo and Certain Body
Piercing Studio Act, Texas Health and Safety Code, chapter 146, and
the Health and Safety Code, chapter 431, the Texas Food, Drug, and
Cosmetic Act, relating to drugs, devices, and cosmetics, including
adulteration and misbranding, including all regulations adopted pursuant
thereto
(b)
All
tattoo and certain body piercing studios and temporary locations should
comply with applicable provisions of the Americans with Disabilities
Act.
(1983 Code, sec. 14-276(c), (d); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
The Tattoo and Certain Body Piercing Studio Act, Texas Health
and Safety Code, chapter 146.
An agent that kills disease-causing microorganisms on human
skin or mucosa.
A person who performs tattooing, permanent cosmetics, and/or
body piercing, and who is responsible for complying with the provisions
of these sections.
A hygienic practice which prevents and hinders the direct
transfer of microorganisms, regardless of pathogen site, from one
person or place to another person or place.
An employee of the department designated by the health administrator
to enforce this article.
A person who performs body piercing and who is responsible
for adherence to the provisions of these sections; hereinafter referred
to as “artist.”
The creation of an opening in an individual’s body,
other than in an individual’s earlobe, to insert jewelry or
another decoration.
A permanent, nondwelling building or portion of a building,
designated by a permit holder and located in accordance with applicable
local zoning codes where body piercing is performed, completely separated
from living quarters; hereinafter referred to as “studio.”
A person requesting the application of a tattoo or certain
body piercing.
Any liquid or semiliquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
contaminated sharps and pathological and microbiological wastes containing
blood and other potentially infectious material, as defined in 29
Code of Federal Regulations, part 1910.1030, known as Occupational
Exposure to Bloodborne Pathogens. Copies of this provision are indexed
and filed in the office of the Drugs and Medical Devices Division,
Texas Department of State Health Services, 1100 West 49th Street,
Austin, Texas 78756, and are available for inspection during normal
working hours.
An article or substance intended to be rubbed, poured, sprinkled,
or sprayed on or introduced into or otherwise applied to the human
body for cleansing, beautifying, promoting attractiveness or altering
appearances; or an article or substance for use as a component of
such an article, except that the term does not include soap.
The City of Lubbock Environmental Health Department.
An agent that kills disease-causing microorganisms on inanimate
objects or surfaces.
The creation of an opening in an individual’s earlobe
with an ear piercing gun to insert jewelry or other decoration.
A device that pierces an individual’s ear using a single-use
stud and clasp ear piercing system. An ear piercing gun shall not
be used to pierce any other part of the body besides the ear.
An agent designed for use on the skin that kills disease-causing
microorganisms, including but not limited to, products containing
povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.
An agent that kills disease-causing microorganisms on hard
surfaces; a disinfectant or sanitizer registered with the Environmental
Protection Agency and or a 1:100 dilution of 5.25 percent sodium hypochlorite
(household chlorine bleach) and water, made fresh daily, dispensed
from a spray bottle, and used to decontaminate inanimate objects and
surfaces.
Means those which are disposable and single use, and are
labeled for surgical or examination purposes.
Sink equipped with hot and cold or tempered running water
under pressure, used for washing hands, arms, or other portions of
the body.
Health director for the city health department or his or
her designee.
A person licensed by the state to practice medicine.
Hand pieces, needles, needle bars, hemostats, forceps, pliers,
and other items that may come in contact with a client’s body
or possible exposure to bodily fluids during the tattoo and body piercing
procedures.
Any personal ornament inserted into a pierced area, which
must be made of surgical implant grade stainless steel (minimum of
316L or 316LVM), solid 14k or 18k gold (minimum of 6A14V), platinum,
titanium, niobium, or a dense, low porosity plastic approved by the
manufacturer for use in new piercings, which is free of nicks, scratches,
or irregular surfaces and has been properly sterilized prior to use.
A person, licensed child-placing agency, or authorized agency
designated by a court as having the right to possession of the child,
and the right to consent to medical, surgical, dental, and psychological
treatment of the child.
Tattooing colored pigment along the upper or lower margin
of the eyelids, or into the skin of the eyelids, eyebrows, lips, cheeks
or other parts of the face for cosmetic purposes.
A person who owns, operates, or maintains a tattoo studio,
tattoo and body piercing studio, body piercing studio, or temporary
location in compliance with these sections.
To treat a clean surface and kill pathogenic microorganisms.
Any object (sterile or contaminated) that may purposefully
or accidentally cut or penetrate the skin or mucosa including, but
not limited to, needles, scalpel blades, and razor blades.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the international biohazard symbol.
Articles intended for one-time, one-person use and which
are to be discarded after such use.
A separate room or area separate from workstations with restricted
client access in which tattoo and body piercing instruments are cleaned,
disinfected, and sterilized.
Extreme modification of any part of the body in which muscle
and/or cartilage are cut for the purpose of reshaping the body part.
The term includes, but is not limited to, tongue splitting, genital
bifurcation, or ear reshaping. The term does not include piercing.
The portion of the tattoo or body piercing studio or temporary
location used for applying tattoos or performing body piercing, including
all surrounding areas which are likely to come into contact with contaminated
waste.
A permanent, nondwelling building or portion of a building,
designated by a permit holder and located in accordance with applicable
local zoning codes where tattooing or permanent cosmetic application
is performed, completely separated from living quarters; hereinafter
referred to as “studio.”
The practice of producing an indelible mark or figure on
the human body by scarring or inserting a pigment under the skin using
needles, scalpels, or other related devices including permanent cosmetics.
The term includes the application of permanent cosmetics.
A person who performs tattooing or applies permanent cosmetics
and who is responsible for adherence to the provisions of these sections;
hereinafter referred to as “artist.”
A location at which tattooing or body piercing is performed
for a specified length of time of not more than seven days in conjunction
with a single event. The location must consist of a completely enclosed,
permanent building. Locations in tents, under canopies, or in open-air
environments are not allowed. For events that feature more than one
temporary location, each temporary location must be permitted separately.
Cutting of a human tongue into two (2) or more parts.
A method of infection control in which employees treat all
blood and body fluids as to contain all bloodborne pathogens and taking
proper precautions to prevent the spread of any bloodborne pathogens.
Precautions include handwashing, gloving, personal protective equipment,
injury prevention, and proper handling and disposal of needles, other
sharp instruments, and blood and body fluid contaminated products.
(1983 Code, sec. 14-277; Ordinance 2004-O0078, sec. 2, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Injunction.
If it appears that a person has violated
or is violating the Code of Ordinances or state law with regard to
this article, the city council may direct the city attorney to institute
a civil suit for injunctive relief.
(b)
Criminal penalty.
Any person, firm, or corporation violating
any provision of this article shall be fined in accordance with the
Code of Ordinances for each offense, and a separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
(1983 Code, sec. 14-289(c); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
A
studio or temporary location must be in a permanent, nondwelling building
or portion of a building which must be in a location which is permissible
under local zoning codes, if any. The studio or temporary location
shall be separated from living quarters by complete floor-to-ceiling
partitioning and shall contain no access to living quarters.
(c)
The
walls, ceilings, and floors shall be kept in good repair. The tattoo
and body piercing area shall be constructed of smooth, hard surfaces
that are nonporous, free of open holes or cracks, and easily cleaned.
(d)
Studios
or temporary locations shall have adequate lighting of at least fifty
(50) footcandles of illumination in the tattooing, body piercing,
and sterilization area.
(e)
Adequate
mechanical ventilation shall be provided in the studio or temporary
location.
(f)
Each
studio or temporary location shall be equipped with handwashing facilities
for its personnel with unobstructed access to the tattoo and body
piercing area such that artists can return to the area without having
to touch anything with their hands. New studios shall be equipped
with handwashing facilities within ten (10) feet of the site where
the tattooing or body piercing is performed; for example the chair,
table or stool where a person receives the tattoo or body piercing.
Handwashing facilities shall be equipped with hot and cold or tempered
running water under pressure; liquid germicidal soap; single-use towels
or other approved hand-drying devices; and a covered refuse container.
Such facilities shall be kept clean and in good repair. Temporary
locations may use portable, commercially manufactured handwashing
stations so long as provisions are made to ensure the availability
of clean, potable water for handwashing, and for the disposal of waste
water in accordance with local and state laws.
(g)
Animals
are not permitted in the studios or temporary locations except for
guide or service animals accompanying persons with disabilities, or
non-mammalian animals in enclosed glass containers such as fish aquariums,
which shall be outside the tattooing, body piercing, and sterilization
area.
(h)
Use
of tobacco products shall be prohibited in the tattoo, body piercing,
and sterilization area. Consumption of alcoholic beverages shall be
prohibited in the studio or temporary location.
(i)
The
studio or temporary location shall be kept free of rodents and vermin
and protected from infestation by insects.
(j)
If
tattooing or body piercing is performed where other non-tattooing
or non-body piercing services are provided, it shall be provided in
an area that is physically separate, and with protection from other
activities to avoid the transfer of disease-causing microorganisms
or other irritant particles into the artist’s workstation or
sterilization area.
(1983 Code, sec. 14-280; Ordinance 2004-O0078, sec. 5, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
All
artists while tattooing or body piercing shall wear clean outer garments,
maintain a high degree of personal cleanliness, and conform to hygienic
practices while on duty.
(b)
All
artists shall wash their hands thoroughly using hot or tempered water
(capable of reaching a temperature of 100°F) with a liquid germicidal
soap before and after tattooing or body piercing and as often as necessary
to remove contaminants.
(c)
All
artists must wear single-use examination gloves while assembling tattooing
and body piercing instruments and while tattooing and body piercing.
(e)
Artists
shall use universal precautions while tattooing or body piercing.
An artist diagnosed with a communicable disease shall provide to the
department a written statement from a health care practitioner that
the artist’s condition no longer poses a threat to public health.
(f)
The
area of the client’s skin to be tattooed shall be cleaned with
an approved germicidal soap according to label directions.
(g)
The
external skin of the client to be pierced shall be cleaned with an
approved germicidal soap according to label directions. In the case
of oral piercings, the operator shall provide the individual with
antiseptic mouthwash in a single-use cup and shall ensure that the
individual utilizes the mouthwash provided. In the case of a lip,
labret, or cheek piercing, procedures described in this subsection
for both skin and oral piercings shall be followed.
(h)
If
shaving is required, razors shall be single use. The razor or razor’s
head must be placed in a biohazard container after use.
(i)
Each
artist performing any tattoo or body piercing procedure in the studio
or temporary location shall have the education, training and experience,
or any combination thereof, to practice aseptic technique and prevent
the transmission of bloodborne pathogens. All procedures shall be
performed using aseptic technique. Training records should be documented
and available for inspection at the studio or temporary location.
(1983 Code, sec. 14-281; Ordinance 2004-O0078, sec. 6, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of eighteen (18) years of age and shall present at the time of tattooing or body piercing a valid, government-issued, positive identification card including, but not limited to, a driver’s license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.
(b)
The
artist shall verify and document in the permanent client record the
client’s age, date of birth, and the type of identification
provided.
(c)
An artist may not tattoo a person younger than eighteen (18) years of age except as permitted in subsection (d) of this section.
(d)
With
the consent of a minor’s parent, managing conservator, or guardian,
who determines it to be in the best interest of the minor child to
cover an existing tattoo, a person under the age of eighteen (18)
may be tattooed under the following conditions:
(2)
The consent required by this subsection (d) can be satisfied by the minor’s parent, managing conservator, or guardian:
(A)
Being physically present at the time the tattooing is being performed;
(B)
Executing an affidavit stating that the person is the parent or guardian
of the individual on whom the tattooing is being performed;
(C)
Presenting evidence of the minor’s identity to the artist;
and
(D)
Presenting evidence of the status as parent or guardian of the individual
who will receive the tattoo to the artist.
(e)
An
artist may not perform body piercing on a person younger than eighteen
(18) years of age without the consent of a parent, managing conservator,
or guardian of the individual. The consent can be satisfied by:
(1)
Completion of client and parental approval records that include the
following information:
(2)
The individual’s parent, managing conservator, or guardian
being physically present at the time the body piercing is being performed;
and
(A)
Executing an affidavit stating that the person is the parent, managing
conservator, or guardian of the individual on whom the body piercing
is being performed;
(B)
Presenting evidence of the minor’s identity to the artist;
and
(C)
Presenting evidence of the status as parent, managing conservator,
or guardian of the individual who will receive the body piercing to
the artist.
(f)
No
person may be tattooed or body pierced who appears to be under the
influence of alcohol or drugs.
(g)
Tattooing
and body piercing shall not be performed on any skin surface which
manifests any evidence of unhealthy conditions such as rashes, boils,
infections, or abrasions.
(h)
Before
receiving a tattoo, each client (and, if applicable, the parent, managing
conservator, or guardian) shall be informed verbally and in writing
about the possible risk and dangers associated with the application
of each tattoo. These shall include, but are not limited to, at least
the following: the possibility of discomfort or pain; the permanence
of the markings; the risk of infection; the possibility of allergic
reaction to the pigments or other materials used; and the increased
risks to diabetics.
(i)
Before
receiving a body piercing, each client (and, if applicable, the parent,
managing conservator, or guardian) shall be informed verbally and
in writing about the possible risks and dangers associated with receiving
a body piercing. These shall include, but are not limited to, at least
the following: the possibility of discomfort or pain; the possibility
of scarring; the possibility of bleeding; the possibility of swelling;
the risk of infection; the possibility of nerve damage; the increased
risk for adolescents during certain stages of development; and the
increased risks to diabetics.
(j)
The
studio or temporary location shall maintain proper records of each
client. The information shall be maintained at the studio for at least
two (2) years following the date of the last entry. The temporary
location client records shall be maintained by the license holder
for two years. These permanent records shall include the following:
(1)
The name, address, and telephone number of the client;
(2)
The date tattooing or body piercing was performed;
(3)
The client’s age, date of birth, and type of positive identification provided to the artist (the information is to be recorded by the artist as described in subsection (b) of this section);
(4)
The specific color or colors of the tattoo or type of jewelry used
for the piercing and, when available, the manufacturer’s catalogue
or identification number of each color or type of jewelry used;
(5)
The location on the body where the tattoo or body piercing was performed;
(6)
The name of the artist;
(7)
A statement that the client has received a copy of the applicable
written care instructions, and that the client has read and understands
the instructions; and
(8)
The signature of the client.
(k)
A
person younger than eighteen (18) years of age commits an offense
if the person falsely states that the person is eighteen (18) years
of age or older or presents any document that indicates that the person
is eighteen (18) years of age or older to a person engaged in the
operation of a studio or temporary location.
(1983 Code, sec. 14-282; Ordinance 2004-O0078, sec. 7, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
A
studio or temporary location is required to utilize instruments that
have been prepared as described in section 8.10.010(a)–(e) of
this article (relating to tattooing and body piercing instruments
and jewelry). The studio or temporary location shall use sterilization
equipment that is approved by the United States Food and Drug Administration
for the purpose of sterilization, and adequate in size to accommodate
necessary utensils and instruments. A copy of the manufacturer’s
recommended procedures for operation of the sterilization unit(s)
must be available for inspection by an authorized agent at the time
of inspection of the studio or temporary location.
(b)
Each
person responsible for the sterilization of instruments shall be able
to demonstrate to the department’s authorized agent the correct
sterilization procedures and the proper operation of autoclave and/or
dry heat sterilization equipment.
(c)
After each use, the reusable instruments shall be cleansed to remove blood and tissue residue before sterilization as described in section 8.10.010(n) of this article.
(d)
Instruments and jewelry requiring sterilization shall be packed in packages approved for the sterilization unit. Instruments and jewelry shall be packed individually, or as a set provided such set is intended to be used for a single procedure. Each package shall be labeled with the date of sterilization and the initials of the person sterilizing the instruments. Packaged sterilized instruments shall be kept in a sterile condition and stored in a clean dust-tight container when not in use. Instruments and jewelry may be sterilized immediately before tattooing or body piercing without the use of sterilization packages as provided by the sterilization unit’s manual. The studio or temporary location must keep records in accordance with subsection (g) of this section.
(e)
Each
package of instruments and jewelry sterilized shall be monitored for
sterilization by the use of chemical/heat sensitive indicators.
(f)
Each
sterilization unit used by the studio or temporary location to sterilize
instruments and jewelry must have a spore test performed each calendar
month by an approved laboratory. Records shall be documented and available
for inspection at the studio or temporary location.
(g)
Each
studio or temporary location shall maintain sterilization records.
The information shall be permanently recorded and made available for
examination by an authorized agent in the studio or by the permit
holder of a temporary location for at least two (2) years from the
date of the last entry. These permanent records shall be maintained
at the studio or by the permit holder of a temporary location and
shall include the following:
(h)
Sterilized
instruments and jewelry stored in accordance with the sterilization
unit owner’s manual and stored in accordance with the sterilization
packet manufacturer’s labeling or letter provided by the manufacturer
of the sterilization packets will be considered sterile for the length
of time set out in the sterilization unit owner’s manual or
packet labeling or supporting documentation. If the studio or temporary
location personnel cannot provide a manual for the sterilization equipment
at the time of inspection or if no length of time is set out by the
sterilization unit’s manual, the equipment and jewelry must
be stored in an approved manner, and the instruments and jewelry not
used within thirty (30) days after sterilization shall no longer be
considered sterile. If presterilized instruments are used, the artist
shall obtain documentation from the manufacturer that describes the
method of sterilization utilized by the manufacturer and the manufacturer’s
recommendations for storage and maintenance of sterility. This documentation
shall be available for inspection by an authorized agent. The artist
shall follow the manufacturer’s instructions for storage and
maintenance of sterility.
(i)
One
of the following methods of sterilization shall be used:
(1)
Autoclave - steam under pressure:
(A)
One hundred twenty-one (121) degrees Celsius (two hundred fifty (250)
degrees Fahrenheit) and a pressure of at least fifteen (15) pounds
per square inch for not less than thirty (30) minutes after the chamber
of the autoclave has reached the required temperature and pressure;
or
(B)
As specified in the manufacturer’s operator’s manual.
(1983 Code, sec. 14-283; Ordinance 2004-O0078, sec. 8, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Each
time tattooing or body piercing is performed the client (and if applicable,
the parent, managing conservator, or guardian) shall receive oral
and written instructions on the care of the area tattooed or pierced.
The client shall sign a written statement in the permanent client
record acknowledging that the client has received a copy of the written
care instructions, and that the client has read and understands the
instructions.
(b)
The
written care instructions for tattooing shall contain at least the
following items:
(1)
For at least two (2) weeks, the need to minimize exposure to the
sun, and to discourage swimming;
(2)
The need to properly cleanse the tattooed area;
(3)
The need to apply antibiotic ointment or cream;
(4)
The need to use sterile bandage(s) or other sterile dressing(s) when
necessary;
(5)
The name of the artist, and the name, address, and telephone number
of the studio or temporary location; and
(6)
The instructions for the client to consult a health care practitioner
at the first sign of infection or an allergic reaction, and to report
any diagnosed infection, allergic reaction, or adverse reaction resulting
from the application of the tattoo to the artist and to the Texas
Department of State Health Services, Drugs and Medical Devices Division,
at 1-888-839-6676 and to the city health department, at (806) 775-2928.
(c)
The
written care instructions for body piercing shall contain at least
the following items:
(1)
The need to properly cleanse the pierced area by using antibacterial
or antimicrobial soap for the external skin or an antiseptic or carbamide
peroxide mouthwash for the oral cavity;
(2)
For at least the first six (6) weeks, the need to minimize exposure
to the sun and swimming;
(3)
The need to use sterile bandage(s) or other sterile dressing(s) when
necessary;
(4)
The name of the artist, and the name, address, and telephone number
of the studio or temporary location; and
(5)
The instructions for the client to consult a health care provider
at the first sign of infection or an allergic reaction, and to report
any diagnosed infection, allergic reaction, or adverse reaction resulting
from the body piercing to the artist and to the Texas Department of
State Health Services, Drugs and Medical Devices Division, at 1-888-839-6676
and to the city health department, at (806) 775-2928.
(1983 Code, sec. 14-284; Ordinance 2004-O0078, sec. 9, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Instruments
and jewelry used during tattooing and piercing procedures which may
contact blood or other bodily fluids or which come in direct contact
with skin which is not intact shall be sterilized after each use or
disposed of. These devices include, but are not limited to, needles,
bars, tubes, forceps, receiving tubes, and tapers. This does not include
ear piercing guns or tattoo machines/devices.
(b)
Instruments
and jewelry used during tattooing and body piercing which do not come
in contact with broken skin but may come in contact with mucous membranes
and oral tissue should be sterilized after each use. If, however,
sterilization is not feasible because the instrument or jewelry will
be damaged, the instrument or jewelry shall be treated with a germicidal
solution prior to use. These devices include, but are not limited
to, calipers and gauge wheels.
(c)
Instruments
that come into contact only with intact skin shall be treated with
a germicidal solution prior to use. These devices include, but are
not limited to, hand mirrors.
(d)
Reusable
instruments shall be constructed in a manner that permits easy cleaning
and sterilization.
(e)
Needles
used to perform body piercing and tattooing shall be single use and
disposed of in a sharps container.
(f)
Single-use
disposable instruments shall be maintained in clean condition and
dispensed in a manner to prevent contamination to the unused instruments.
These devices include, but are not limited to, cups, cotton swabs,
corks, rubber bands, and toothpicks.
(g)
Use
of styptic pens or alum solids to control blood flow is prohibited.
(h)
All
dyes or pigments used in tattooing and piercing shall be nontoxic,
free from adulteration, and made from materials generally regarded
as safe. Marking instruments shall be single use or sanitized by design,
such as alcohol based ink pens, and shall be used only on intact skin
that has been treated with a germicidal soap. Any marking instrument
that comes in contact with mucous membranes or broken skin shall be
single use.
(i)
Only
single-use pigment or dye containers shall be used for each client.
Pigments and dyes shall be dispensed from containers in a manner to
prevent contamination to the unused portion. Individual containers
of dye or pigment shall be discarded after use.
(j)
In
order to minimize transmission of body fluids and disease, single-use
plastic covers shall be used to cover spray bottles or other reusable
accessories for multiple client use that are handled by the artist
during tattooing and body piercing.
(k)
All
stencils shall be single use. Petroleum jellies, soaps, and other
products used in the application of stencils shall be dispensed and
applied using aseptic technique and in a manner to prevent contamination
of the original container and its contents. The applicator shall be
single use.
(l)
Contaminated
reusable instruments shall be placed in a labeled covered container
which may contain a disinfectant solution such as two (2.0) percent
alkaline glutaraldehyde (not to be construed as all inclusive) until
it can be cleaned and sterilized.
(m)
All
containers holding contaminated instruments and container lids shall
be emptied of contaminated solution and cleaned and sanitized daily
or more often if needed.
(n)
Reusable
instruments shall be cleaned by gloved personnel prior to sterilization
by one (1) of the following methods:
(1)
Mechanically preclean the items by using a clean cotton ball or swab
moistened with a solution of low-residue detergent and cool water,
with care taken to ensure the removal of any pigment or body substances
not visible to the eye, thoroughly rinse with warm water and then
drain, and clean by soaking in a protein dissolving detergent-enzyme
cleaner used according to manufacturer’s instructions; or
(2)
Clean the items in an ultrasonic cleaning unit used according to
manufacturer’s instruction. A copy of the manufacturers recommended
procedures for operation of the ultrasonic cleaning unit must be available
for inspection by an authorized agent; and
(3)
Rinse and dry the items prior to packaging for sterilization.
(1983 Code, sec. 14-285; Ordinance 2004-O0078, sec. 10, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
The
studio or temporary location shall notify the city health department
by providing a written report of any infection or allergic reaction
resulting from a body piercing or the application of a tattoo within
forty-eight (48) hours of its occurrence or knowledge thereof. The
report shall include:
(1)
The name of the affected client;
(2)
The name and address of the studio or temporary location where the
tattoo or body piercing was performed;
(3)
The complete legal name of the artist;
(4)
The date the tattoo or piercing was performed;
(5)
The specific color or colors of the tattoo or type of jewelry used
for the piercing and, when available, the manufacturer’s catalogue
or identification number of each ink color or type of jewelry used;
(6)
The location of the infection and the location on the body where
the tattoo or piercing was applied;
(7)
The name and address of the health care provider, if any; and
(8)
Any other information considered relevant to the situation.
(b)
The
department shall use these reports in their efforts to identify the
source of the adverse reaction(s) and to take action to prevent its
recurrence.
(1983 Code, sec. 14-286; Ordinance 2004-O0078, sec. 11, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Sharps shall be subjected to the methods of treatment and disposal as described in chapter 1, subchapter K, section 1.136 of title 25, Texas Administrative Code (relating to approved methods of treatment and disposition) and title 30, Texas Administrative Code, chapter 330, subchapter Y and to the Code of Ordinances.
(b)
Other studio or temporary location waste generated during the tattooing and body piercing process, i.e., cotton balls, cotton tip applicators, corks, toothpicks, tissues, paper towels, gloves, single-use plastic covering, and pigment containers (not to be construed as all-inclusive) shall be disposed of in accordance with the Code of Ordinances and chapter 1, subchapter K, section 1.136(a)(2) of title 25, Texas Administrative Code or title 30, Texas Administrative Code, chapter 330. Copies of these provisions are indexed and filed in the office of the Drugs and Medical Devices Division, Texas Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, 1-888-839-6676, and are available weekdays for inspection between the hours of 8:00 a.m. and 5:00 p.m.
(1983 Code, sec. 14-287; Ordinance 2004-O0078, sec. 12, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
A person may not perform tongue splitting or surgical body modification.
(1983 Code, sec. 14-288; Ordinance 2004-O0078, sec. 13, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
No person may cause, suffer or allow the operation, management,
or maintenance of a tattoo and certain body piercing studio or temporary
location without a permit issued in accordance with this division.
Each tattoo and certain body piercing studio or temporary location
shall obtain a separate permit. In no case shall a person attempt
to operate more than one studio or temporary location per permit..
(1983 Code, sec. 14-276(b); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
Persons who engage only in the following are exempt from the
licensing requirements of this division:
(1)
A
studio located within a medical facility which is permitted under
other law, or an office or clinic of a person permitted by the state
board;
(2)
A
person who performs only ear piercing; or
(3)
A
facility in which only ear piercing is performed.
(1983 Code, sec. 14-278(f); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
All
tattoo and body piercing studios shall obtain a permit annually from
the department except as indicated below. A new permit must be obtained
at any time the name, ownership, or location of the permitted studio
is changed. All tattoo and body piercing studios shall pay an annual,
nonrefundable permit fee or a fee for each temporary location for
each place of business operated as follows:
(1)
One hundred fifty dollars ($150.00) per tattoo only studio;
(2)
Three hundred dollars ($300.00) for a tattoo and body piercing studio,
the fee to be paid as follows: one hundred fifty dollars ($150.00)
for the tattoo portion and one hundred fifty dollars ($150.00) for
the body piercing portion; and
(3)
One hundred fifty dollars ($150.00) per body piercing only studio;
(4)
One hundred dollars ($100.00) per temporary location for tattoo or
body piercing, for a specified length of time not to exceed seven
days;
(5)
Two hundred dollars ($200.00) per temporary location for tattoo and
body piercing, for a specified length of time not to exceed seven
days.
(b)
Temporary
locations must pay the permit fee no later than 5 days before the
temporary event.
(1983 Code, sec. 14-278(a); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
Permit forms may be obtained from the city environmental health
department, 1625 13th Street, Lubbock, TX, 79401.
(1983 Code, sec. 14-278(b); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
An application shall be submitted for each tattoo studio or
temporary location and a separate application shall be submitted for
each body piercing studio or temporary location. Approval of said
application is contingent upon successful approval of the State of
Texas license. The initial permit application for each studio or temporary
location shall be signed and verified, shall be made on the permit
application furnished by the department, and shall contain the following
information:
(1)
The
full or legal name under which the studio or temporary location is
conducted;
(2)
The
address of the studio or temporary location that is to be permitted.
Sufficient descriptive information must be included if the studio
is located in a portion of a building with other permit holders;
(3)
If
a proprietorship, the name and residence address of the proprietor;
if a partnership, the names and residence addresses of all partners;
if a corporation, the date and place of incorporation and name and
address of its registered agent in the state; or if any other type
of association, then the names of the principals of such association;
(4)
For
each studio or temporary location, the name(s) and residence address(es)
of the responsible individual(s) thereof;
(5)
The
name(s) of the studio’s or temporary location’s artist(s);
(6)
The
usual days and hours of operation of each studio or temporary location;
and
(7)
A
description of all services to be provided at the studio or temporary
location.
(1983 Code, sec. 14-278(d); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
The
department may issue a permit to the owner of a studio or temporary
location after determining that the studio or temporary location is
in compliance with applicable statutes, rules, and zoning codes.
(b)
The
initial studio permit shall be valid for one year from the date of
issuance, which becomes the anniversary date. A permit for a temporary
location will be valid for the specified period of time, not to exceed
seven days.
(c)
The
renewal studio permit shall be valid for one year from the anniversary
date.
(d)
The
permit shall be displayed in a prominent place in the studio or temporary
location.
(1983 Code, sec. 14-278(d); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Each
year, the permit holder of a studio shall renew its permit in accordance
with the requirements of this division.
(b)
The
permit holder of a studio shall renew the permit by filing an application
for renewal before the expiration date of the current permit. A person
who files a renewal application after the expiration date must pay
an additional fifty dollars ($50.00) as a delinquency fee.
(c)
Failure
to submit the renewal application annually shall subject the studio
to enforcement pursuant to this article.
(d)
Notification of change of location of studio.
Not fewer
than thirty (30) days in advance of the change, the permit holder
shall notify the department in writing of the permit holder’s
intent to change the location of a permitted studio. The notice shall
include the address of the new location, and the name and residence
address of the individual in charge of the studio at the new location.
(1983 Code, sec. 14-278(e); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
The
department may refuse to issue an original or renewal tattoo studio
or temporary location or body piercing studio or temporary location
permit if it has reasonable grounds to believe and finds that any
of the following circumstances exists:
(1)
The applicant has been convicted of a violation of this article during
the two (2) years immediately preceding the filing of the application;
(2)
Three (3) years have not elapsed since the termination, by pardon
or otherwise, of a sentence imposed on the applicant for a conviction
associated with tattooing or body piercing;
(3)
The applicant violated or caused to be violated a provision of this
article or a rule of the department adopted under this article involving
moral turpitude during the six (6) months immediately preceding the
filing of the application;
(4)
The applicant failed to answer or falsely or incorrectly answered
a question in an original or renewal application;
(5)
The applicant is indebted to the state for a fee or penalty imposed
by this article or by rule of the department adopted under this article;
(6)
The applicant is a minor; or
(7)
The applicant does not provide an adequate building available at
the address for which the permit is sought before conducting any activity
authorized by the permit.
(b)
The
department may refuse to issue or renew, for a period of one (1) year
from the date of application for the initial or renewal permit, a
studio or temporary location permit for a premises where a shooting,
stabbing, or other violent act or an offense involving drugs occurred
that involved a permit applicant, permit holder, or registrant under
this article or a patron or employee of the studio or temporary location.
(1983 Code, sec. 14-279; Ordinance 2004-O0078, sec. 4, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
The department may, after providing notice and opportunity for
a hearing, refuse to permit a studio or temporary location, or may
revoke or suspend the permit for violations of the requirements in
this article or for any reasons described in the Tattoo and Certain
Body Piercing Studio Act or in the Texas Food, Drug, and Cosmetic
Act.
(1983 Code, sec. 14-289(a); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
The public health administrator or his designee shall conduct
any hearing pursuant to this article. Notice of such hearing shall
be provided by the public health administrator to the studio owner
or permit holder by certified mail, return receipt requested. At such
hearing all parties shall be given the opportunity to present evidence.
The public health administrator or his designee has the authority
to issue an order to refuse to permit a studio or temporary location,
or may revoke or suspend the permit of a currently operating studio
or temporary location. Such orders may be appealed to the city permit
and license appeal board by filing a written notice of appeal within
five (5) days with the city secretary’s office. Decisions of
the permit and license appeal board shall be final.
(1983 Code, sec. 14-289(b); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
If a permit issued under this division has been revoked or denied
for violation of these rules, the permit holder named in the revocation
or denial is not eligible for licensing under this division for a
period of two (2) years.
(1983 Code, sec. 14-289(d); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
Permit
holder includes sole proprietors, each member of a partnership or
association and, with respect to a corporation, each officer and the
owner or owners of a majority of the corporate stock.
(b)
The
department may suspend or revoke an original or renewal studio or
temporary location permit if it is found, after notice and hearing
as provided in this division, that any of the following is true:
(1)
The permit holder has been finally convicted of a violation of this
article;
(2)
The permit holder violated a provision of this article;
(3)
The permit holder made a false or misleading statement in connection
with the original or renewal application, either in the formal application
itself or in any other written instrument relating to the application
submitted to the department;
(4)
The permit holder is indebted to the city for fees or payment of
penalties imposed by this article;
(5)
The permit holder knowingly misrepresented to a customer or the public
any tattoo or body piercing jewelry sold by the permit holder; or
(6)
The permit holder was intoxicated on the permitted premises.
(c)
If
a permit holder cannot be located for any notice required under this
division, the department shall provide notice by posting a copy of
the order on the front door of the permitted premises.
(1983 Code, sec. 14-289(e); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004; Ordinance 2013-O0015, sec. 1,
adopted 2/14/2013)
(a)
The
department may order the immediate closure of a studio or temporary
location when there is a reasonable basis to believe that an individual
contracted or was exposed to any communicable disease or disease of
the skin while receiving a tattoo and/or body piercing at the studio
or temporary location.
(b)
It
shall be unlawful to fail to promptly comply with the notice of immediate
closure. Such failure to promptly comply with the notice of immediate
closure shall subject the studio or temporary location to other enforcement
provisions of this article.
(Ordinance 2013-O0015, sec. 1, adopted 2/14/2013)
