This chapter is adopted pursuant Wis. Stats., Ch. 463, and Wis. Adm.
Code, Ch. SPS 221, to protect public health through enforcement of
regulations which will promote safe and adequate care and treatment
of individuals receiving tattooing or body piercing and eliminate
or greatly reduce the danger of exposing these individuals to communicable
disease or infection.
The City designated Health Department is hereby designated to act as the agent of the State Department of Safety and Professional Services (DSPS) for the purposes stated in Subsection A of this section.
The definitions set forth in Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, are adopted by reference to the extent applicable per Subsection B of this section.
The provisions of Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS
221, are adopted by reference as though fully set forth in this section
to the extent applicable within the county. The express provisions
of this chapter shall control when more restrictive than Wis. Stats.,
Ch. 463, and Wis. Adm. Code, Ch. SPS 221, to the extent permitted
by state law.
Required; term. No person shall operate a tattoo or body piercing
establishment without obtaining a permit from the designated Health
Department. The Health Department may issue only one permit per operator
location. Permits shall expire on June 30 of each year following their
issuance, except that permits initially issued during the period beginning
on April 1 and ending June 30 shall expire June 30 of the following
year.
Application; time for review and determination. Application for permits
shall be made in writing to the Health Department on forms developed
and provided by the Health Department. The Health Department shall
either approve or deny the permit within 30 days after receipt of
a complete application.
Pre-inspection required. No permits shall be granted to any person
under this chapter without a pre-inspection by the Health Department
of the premises for which the permit shall be granted. A pre-inspection
shall only apply to and include consultation and a pre-opening inspection
offered within a six-month period from the date of permit application
to persons intending to operate a tattoo or body piercing establishment,
or to a person intending to be the new operator of an existing tattoo
or body piercing establishment, including a transferred license.
Conditional issuance. The issuance of a permit may be conditioned
upon the permittee correcting a violation of this chapter within a
specified period of time. If the condition is not met within the specified
period of time, the permit shall be voided.
No issuance until violations are corrected. A permit will not be
issued until all outstanding violations, noted during previous inspections,
are corrected.
Violations may result in denial or revocation. The Health Department
shall deny an application for permit or revoke or terminate the permit
of any applicant or permittee that has, as the Health Department determines,
repeatedly violated this chapter.
Fees. Fees for issuance of permits, making investigations, inspections,
training and technical assistance to establishments and costs required
to be paid to the county for each permit issued shall be established
by resolution of the county board of health and human services.
Fees for late renewal. If annual permit renewal applications with
required fees are not submitted to the Health Department within 15
days after expiration of an existing annual permit, the department
shall require the operator to pay a late penalty fee, in addition
to the annual permit fee.
Display of permit required. Every licensed establishment or operator
shall be required to obtain a permit pursuant to this chapter and
shall display the permit, at all times, in a conspicuous public place.
Scope and effect of permitting. A permit issued pursuant to this
chapter is deemed a license or a privilege and creates no property
rights, and may be revoked or terminated without notice consistent
with the provisions of this chapter or as otherwise provided by law.
Any person who hereafter constructs, remodels, or converts a building
or facility for tattoo or body piercing use shall conform and comply
in the construction, erection or alteration with the requirements
of this chapter.
No pre-inspection will be conducted or a permit to operate issued
until plans, with required information as outlined in a worksheet
developed and provided by the Health Department, has been submitted
for review to the Health Department.
No operation of tattooing or body piercing shall be conducted
in any room used as living or sleeping quarters. Establishment operations
shall be separated from any living or sleeping quarters by complete
partitioning and solid, self-closing doors.
Designated Health Officer to administer. The provisions of this regulation
shall be administered by or under the direction of the designated
Health Officer. The County Health Officer or his designee will enforce
state law and rule, except as modified by this chapter, including
specifically the rules found in Wis. Adm. Code, Ch. SPS 221.
Right of entry for inspection. The Health Officer shall have the
right to enter, at reasonable hours, upon premises regulated by this
chapter to inspect the premises, secure samples or specimens, examine
and copy relevant documents and records or obtain photographic or
other evidence needed to enforce this regulation.
Report of violation. Any person violating a provision of this chapter
shall be reported to the County Health Officer or his designee. The
Health Officer shall report all violations to the County Board of
Health and Human Services.
Issuance of orders and citations; suspension and cancellation of
permits. The Health Officer is also authorized to issue corrective
orders, suspend or cancel permits as warranted and issue citations
and take other enforcement measures as may be necessary to protect
public health and safety.
Court proceedings for abatement, injunction and forfeiture. The Health
Officer may refer the violation to the County Attorney who may obtain
an injunction to correct or abate the violation or seek a court-imposed
forfeiture under this chapter.
Penalties. Upon a court finding that the person has violated this
chapter, the person shall be ordered to pay a civil forfeiture to
the county in the amount of not less than $200 and not more than $1,000
together with the taxable costs in such action. Each day of violation
shall constitute a separate offense. The person shall also correct
or abate the violation as the court may order.
Use authorized. The County adopts the citation procedure, including
violator's options and procedure on default, as provided in Wis.
Adm. Code, Ch. SPS 221, and authorizes the use of citations for violations
of this chapter.
Who may issue. In addition to law enforcement officers, the County
Health Officer, the registered sanitarian, and other county officials
designated by the County Board may issue citations which are directly
related to their duties.
That a cash deposit based on the schedule established by this
section may be made which shall be delivered to the Clerk of Courts
prior to the time of the scheduled court appearance.
That if a cash deposit is made and the alleged violator does
not appear in court, he will be deemed to have entered a plea of no
contest or, if the court does not accept the plea of no contest, a
summons will be issued commanding him to appear in court to answer
the complaint.
That if no cash deposit is made and the alleged violator does
not appear in court at the time specified, an action may be commenced
to collect the forfeiture.
A direction that if alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection C(7) of this section has been read. Such statement shall be brought with the cash deposit.
In addition to all other penalties and remedies in this chapter,
permits issued by the Health Department pursuant to this chapter may
be immediately suspended, revoked, or terminated for a violation of
any provisions of this article or Wis. Stats., Ch. 463, and Wis. Adm.
Code, Ch. SPS 221, or if the Health Department determines that an
imminent health hazard exists on the premises.
An imminent health hazard under this section may include, but is
not limited to, lack of basic facilities such as water, electricity,
or a properly functioning sewer, evidence of a sewer backup or surface
or air contamination, insect or rodent infestation, lack of a functioning
hand washing facility, or a condition that endangers the health or
safety of the public as identified by the county health officer or
its designee.
Repeated violations of this chapter or a violation, which creates
or is likely to create, as determined by the Health Department, a
serious environmental or public health hazard, shall result in permanent
revocation.
Decisions of Health Department staff to suspend, revoke, or terminate
a permit or to deny an application for a permit shall be subject to
review by the County Health Officer. Decisions of the County Health
Officer may be appealed to the County Board of Health. Such appeals
shall be in writing and must be heard within 15 days of filing with
the Health Department.
Adoption of this chapter does not preclude the County Board from
adopting any other ordinance or providing for the enforcement of any
other law or ordinance relating to the same or other matters.
The issuance of a citation hereunder shall not preclude the county
or any authorized officer from proceeding under any other ordinance
or law or by any other enforcement method to enforce any ordinance,
regulation, or order, including this chapter.