Aftercare Instructions.
Written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the tattoo or body piercing and surrounding area. These instructions will include information about when to seek medical treatment, if necessary.
Antiseptic.
A chemical that kills or inhibits the grown of organisms on skin or living tissue.
Autoclave.
An apparatus that is registered and listed with the Federal Food and Drug Administration for sterilizing articles by using superheated steam under pressure.
Bloodborne Pathogens.
Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, Hepatitis B virus (HBV), Hepatitis C (HCV), and HIV.
Body Pierce.
To puncture, perforate, or penetrate any human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. The puncturing of the outer perimeter or lobe of the ear shall not be included in this definition.
Contaminated.
The presence or reasonably anticipated presence of blood, body fluid, or other potentially infectious materials, as defined in 29 Code of Federal Regulations, Part 1910.1030 (latest edition), known as "Occupational Exposure to Bloodborne Pathogens" in or on the surface of an item or person.
Contaminated Waste.
Any contaminated material used in tattooing, body piercing, or permanent cosmetics that is to be disposed of.
Department/Officer.
That person or office designated by order of the City Council of the City of Huntington Beach or by contract approved by the said Council as the person or office having responsibility for the enforcement of the provisions of this article. This also includes any Orange County Health Officer.
Disinfectant.
A chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
Establishment.
Any place whether public or private, temporary or permanent, in nature or location, where tattooing, body piercing, or application of permanent cosmetics is performed.
Equipment.
All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a tattoo, body piercing, or permanent cosmetic establishment.
Minor.
Any person under the age of 18 years.
Operator.
Any person, whether the proprietor or another person, administering a tattoo, body piercing, or permanent cosmetic to any customer of the establishment.
Proprietor.
The person having general control and management over the conduct of the business at a tattoo, body piercing, or permanent cosmetic establishment, whether or not such person is the legal owner of the premises or the business.
Practitioner/Operator.
A person registered with the Orange County Health Officer and approved by the Police Chief who performs tattooing, body piercing, and/or permanent cosmetics on another person at that person's request.
Premises.
An establishment, its contents, and the contiguous land or property and its facilities and contents that are under the control of the proprietor that may impact the establishment personnel, facilities, or operation.
Tattoo.
Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing and permanent cosmetics or permanent makeup.
Workstation.
Any area that is set up to perform tattooing, body piercing, or permanent cosmetics. A workstation can be a separate room or an area that can be screened to ensure privacy when performing nipple, genital, or other discretionary area tattooing or body piercing. All workstations will comply with sanitation rules and guidelines set forth in this Code.
(3625-1/04)
No person or practitioner may tattoo or body pierce another person unless such tattooing or body piercing is done at a licensed establishment that meets the requirements of this chapter. Such establishment must be located in an area approved for such purpose per the City of Huntington Beach Zoning and Subdivision Ordinance.
(3625-1/04)
All owners of a tattoo and/or body piercing establishment, or those establishments providing tattoo and/or body piercing, must obtain a business license from the City of Huntington Beach. All independent contractors, or any person providing any service relating to tattoo and/or body piercing who is not an employee must obtain a business license from the City of Huntington Beach.
(3625-1/04)
A. 
Records shall be kept of all tattoos and body piercing. The records shall be kept on the premises of the establishment where administered. These records shall be available for inspection for a period of three years after the date of the procedure.
B. 
The records shall include:
1. 
The date and time of the procedure.
2. 
Record of information from the patron's picture identification showing the name, date of birth, gender, address of patron, and driver's license or identification card number. U.S. passports must be accompanied with a second valid form of identification.
3. 
The location of any tattoo, permanent cosmetic, or body piercing.
4. 
The name and registration number of the practitioner.
5. 
A copy of the signed client information and consent form to perform the tattoo or body piercing.
(3625-1/04)
A. 
The practitioner shall be free of communicable disease that may be transmitted by the practitioner of tattooing or body piercing. The practitioner shall submit to the City on an annual basis a certificate from a medical doctor, stating that the applicant has, within 30 days immediately preceding the date of exam, been examined and found to be free of any contagious or communicable diseases, such as Hepatitis B, Hepatitis C, Tuberculosis, and Infectious Mononucleosis.
B. 
Practitioners with open sores, rashes, lesions, boils or skin infections shall not engage in the practice of tattooing or body piercing.
C. 
No practitioner shall work while under the influence of alcohol or any other mind-altering drug, prescription or non-prescription.
D. 
No practitioner shall smoke, eat, or drink at the workstation during or between procedures.
E. 
The practitioner shall wash his or her hands and forearms thoroughly with soap and hot water before any skin preparation or procedure. The hands shall be dried with single-service towels. Single-service disposable rubber gloves shall be worn throughout the entire procedure.
(3625-1/04)
A. 
No operator shall:
1. 
Allow practitioners with open sores, rashes, lesions, boils or contagious skin infections to engage in the practice of tattooing or body piercing.
2. 
Allow any practitioner to work while that practitioner is under the influence of alcohol or any mind-altering drug.
3. 
Allow any practitioner to use tobacco products, eat or drink while performing an actual procedure.
B. 
The operator shall:
1. 
Allow access to the officer for the City of Huntington Beach or a designee of the Orange County Health Care Agency to enter the tattooing or body piercing establishment at any time during normal business hours in order to ensure that the provisions of this chapter are being met. The officer may enter, inspect, issue notices of violations, copy records, impound, seize and secure any samples, photographs, or other evidence from any establishment.
2. 
Require each practitioner working at the establishment to be registered with the Orange County Health Care Agency.
3. 
Maintain a list of registered practitioners that work at or have worked at the establishment for a review by the officer during inspections. This includes all employees and independent contractors.
(3625-1/04)
The operator shall be responsible for and ensure the following;
A. 
The entire premises of the establishment and all facilities used in connection therewith shall be maintained in a clean and sanitary condition and in good repair.
B. 
The establishment shall be equipped with potable hot and cold running water under pressure as well as toilets and hand sinks that are connected to water and sewage disposal systems. Hand sinks shall be supplied with cleansing compound and single-service towels. At least one additional hand sink shall be located within the immediate area of the workstation. In addition to adequate hand sinks, the establishment shall have a separate janitorial sink available for use by the establishment.
C. 
The establishment, including the immediate workstation area where tattooing and body piercing is performed, shall be adequately lighted and ventilated.
D. 
Floors, walls, and ceilings in the immediate workstation area shall have smooth, nonporous, nonabsorbent and washable surfaces, and shall be maintained in a clean condition. Concrete blocks or other masonry used in wall construction shall be covered or made smooth and sealed for a nonporous washable surface. Carpeting is prohibited.
E. 
Approved waste containers with nonabsorbent, durable plastic liners, shall be used for all tissues, towels, gauze pads and other similar items used on the patron. Biohazardous waste shall be disposed of in an acceptable manner. Needles and razors shall be disposed of in a SHARPS container.
F. 
Smoking or consumption of food shall not be allowed in the immediate workstation area where the procedure is being performed. No alcoholic beverages will be consumed in workstation area of the establishment at any time.
G. 
No animals, except guide dogs for visual or hearing-impaired persons, shall be permitted in the establishment.
H. 
The establishment shall be equipped with a telephone for use in case of need for emergency services.
I. 
No establishment shall be used as a sleeping room or dormitory.
(3625-1/04)
A. 
All establishments shall be equipped with an autoclave, or similar device approved for use in sterilizing instruments to be used on humans, and which is in good working order and which is manufactured with temperature and pressure gauges marked and visible on the outside of the unit. Sterilization tape, or similar indicator, shall be used with each batch autoclave or dry sterilizer to monitor functioning of the sterilization unit.
B. 
All instruments used on any patron shall be sterilized.
C. 
All instruments shall be thoroughly cleaned before being sterilized. This may be done with an ultrasonic cleaner or with a probe, needle or brush able to enter the smallest opening of the instrument. The cleaning of the instruments shall be done with detergent and hot water.
D. 
Equipment or instruments requiring sterilization may be wrapped with an approved paper or plastic or placed in glass or plastic tubes. All such packages of containers shall be marked with temperature recording tape or labels and dated with the date of sterilization.
E. 
All surfaces and equipment, including, but not limited to, chairs, workstations, counters, recliners, dispensers, shall be made of smooth, nonabsorbent, nonporous material that can withstand repeated disinfection.
F. 
Engineering and work practice controls shall be utilized to eliminate or minimize exposure to blood and body fluids. Extraordinary care must be taken to avoid accidental wounds from sharp instruments contaminated with blood or body fluids and to avoid contact with open skin lesions. Needles shall not be broken, bent or recapped, unless the needle is equipped with a factory installed, medically approved, recapping device.
G. 
All establishments shall have clean or single-use disposable, laundered towels, washcloths and disposable paper towels in sufficient quantity.
H. 
A clean or single-use disposable towel and washcloth shall be used for each customer.
I. 
Clean towels and washcloths shall be stored in a closed, dust-proof container.
J. 
Soiled towels and washcloths shall be disposed of or stored in an approved covered container.
K. 
Any material or supply which has made contact with the blood or body fluids of any person, or by an instrument which has had such contact, shall be deemed contaminated and must be disposed of unless it may be sterilized and reused under the specific provisions of this chapter.
L. 
A disinfectant shall be used after cleaning to disinfect any surface contaminated with blood or body fluids.
M. 
All facilities shall have a waiting area that is separated from the workstation area.
N. 
A public restroom shall be available to patrons during business hours.
O. 
The workstation area and patron chair/table shall be wiped down with a disinfectant using a single-use paper towel before and after serving each patron.
P. 
Wall mounted hand washing cleanser and wall mounted single-use towel dispensers shall be provided and filled at all hand washing sinks.
(3625-1/04)
A. 
Inquiry shall be made and no tattooing or body piercing shall be performed on an individual who is suspected of having jaundice or hepatitis or who recovered from jaundice or hepatitis within the preceding six months.
B. 
Tattooing or body piercing shall not be performed on an individual in an area with an evident skin infection or other skin disease or condition, including, but not limited to, rashes, pimples, boils, infections, open lesions, or sunburn which shows any evidence of unhealthful conditions without medical clearance.
C. 
Tattooing or body piercing shall not be performed on any patron who appears to be impaired by or under the influence of alcohol or any mind-altering drug.
(3625-1/04)
The following aseptic techniques shall be utilized in the practice of tattooing and body piercing:
A. 
Practitioners shall wash their hands thoroughly with hot water and soap before gloving, prior to each patron. Hands shall be dried with individual paper towels. Practitioners shall wear single-use gloves during the procedure and shall discard the gloves at the end of the procedure.
B. 
If the patron's skin is to be shaved, the skin shall be washed with a cleansing, medicated soap before shaving. A safety razor shall be used. A new blade shall be used for each customer. The blade shall be discarded in a SHARPS container after each use. If reusable blade holders are used, they shall be autoclaved between uses on different patrons.
C. 
The skin area to be tattooed or pierced shall be prepared by thoroughly washing the area with 70% isopropyl alcohol. The solution shall be applied with cotton or gauze or sprayed on.
D. 
Single-use gauze pads, cloths and towels shall be used in the skin cleaning and preparation process. Such materials shall be discarded after use.
E. 
All patrons that have received a tattoo or body piercing, or portion of a tattoo or body piercing, shall be provided with printed aftercare instructions regarding care during the healing process of any tattoo or body piercing done at such establishment.
(3625-1/04)
A. 
It shall be unlawful for any person to tattoo a person under the age of 18 years, regardless of parental consent.
B. 
Before administering a tattoo, the patron must be advised in writing of the consent form in regards to the following:
1. 
That the tattoo should be considered permanent;
2. 
That there is potential for adverse healing such as keloid formation, and hypertrophic scarring;
3. 
That it can only be removed with a surgical procedure; and
4. 
That any effective removal may leave scarring.
C. 
One copy of the consent form will be retained by the establishment for three years and a copy of the consent form will be given to the patron.
D. 
Any dye or ink in which needles were dipped shall not be used on another person. Ink cups shall be for single patron use.
E. 
Needles shall be used on only one patron and then properly discarded.
F. 
Needles may be reused during the same session on the same person by rinsing them under running tap water, followed by rinsing them in 70% isopropyl alcohol.
G. 
No stencil may be re-used unless it has been disinfected/sanitized.
H. 
Plastic stencils shall be thoroughly cleaned after each use and sanitized by immersion for 10 minutes in a chlorine disinfectant solution prepared by mixing one tablespoon of household bleach containing five percent chlorine with one pint of water. A fresh solution of chlorine must be prepared for each stencil. After sanitizing, the stencils shall be rinsed in running tap water and air-dried or blotted dry with a clean, single-use towel. Prior to use, each pre-cleaned stencil shall be rinsed in a 70% isopropyl alcohol solution.
I. 
Paper stencils shall only be used once. New paper stencils shall be used for every individual.
J. 
All inks, pigments, dyes and instruments used in the practice of tattooing shall be maintained in a condition to prevent contamination.
K. 
All inks, pigments, and dyes shall be obtained from sources recognized as safe. Information indicating the sources of all ink and pigments shall be available to the officer or County Health Department upon request.
L. 
Only inks, pigments and dyes shall be used and shall be dispensed from bottles and containers.
M. 
Immediately before applying a tattoo, the dye to be used for the tattoo shall be squeezed from the dye bottles into disposable cups. Upon the completion of the tattoo, the cups and unused dye shall be discarded. Any dye in which the needles were dipped shall not be used on another person.
N. 
Petroleum jelly, or other applying agent, used for applying stencils shall be dispensed from a single-use disposable container or with a tongue blade or applicator stick, which shall be discarded after each use.
O. 
After completing work on any patron, the tattooed area shall be washed with 70% isopropyl alcohol. A dry, gauze or plastic wrap dressing shall be used to cover the tattooed area. Pierced areas shall be treated to ensure the prevention of infection.
(3625-1/04)
A. 
It shall be unlawful for any person to body pierce an individual under the age of 18 years unless such body piercing is performed in the presence of, or as directed by a notarized writing by, the minor's parent or legal guardian. The minor shall present valid identification and the parent or legal guardian shall present a valid photo identification to the practitioner prior to any body piercing.
B. 
Nipple and genital piercing is prohibited on minors regardless of parental consent.
(3625-1/04)
In their interpretation and application, the provisions of this chapter shall be held to a minimum requirement and shall be liberally construed in favor of the City of Huntington Beach, and shall not be deemed a limitation or repeal of any other power granted by the City of Huntington Beach Municipal Code.
(3625-1/04)
If any section, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court, such decision shall not affect the validity of the remaining portions of this chapter.
(3625-1/04)
A. 
The officer shall have the authority, under the Huntington Beach Municipal Code, to inspect any establishment under the provisions of this chapter for the purpose of determining compliance with any of the terms of this chapter.
B. 
Access. The officer for the City of Huntington Beach or a designee of the Orange County Health Care Agency shall be permitted to enter the tattooing or body piercing establishment at any time, during normal business hours, in order to ensure that the provisions of this chapter are being met. The officer may enter, inspect, issue notices of violations, copy records, impound, seize and secure any samples, photographs, or other evidence from any licensed or unlicensed establishment.
(3625-1/04)
Violations of this chapter are an immediate and present danger to the public health and welfare. Unlicensed or unsanitary operation of a tattoo or body piercing business shall be deemed to cause irreparable harm. Violations of this chapter may be enjoined, without prejudice to seek forfeiture for the violations involved.
(3625-1/04)
Each of the following acts or omissions shall constitute a misdemeanor.
A. 
Any performance of a tattooing or body piercing operation by an operator in violation of any requirement of prohibition imposed in this article.
B. 
Any failure by a proprietor to maintain a tattooing or body piercing establishment in conformity with the requirements of this article. For purposes of this subsection, each day upon which such a failure to conform occurs shall constitute a separate violation.
(3625-1/04)