[Added 9-13-1982; amended 8-14-2006]
Unless the particular provisions or the context otherwise requires,
the definitions and provisions contained in this section shall govern
the construction, meaning and application of words and phrases as
used in this article.
The Board of Health appointed pursuant to 57 Del. Laws, c.
170, § 23, as amended.
[1]Piercing of the skin for the express intention of the insertion
of any object, including but not limited to jewelry; provided, however,
that the piercing of the lobes of the ears shall be specifically excluded
from the purview of this article.
The written approval from the Board of Health or its designated
representative that the tattooing establishment has been inspected
and meets all the requirements of this article relating to physical
facilities, equipment and layout for the operation of a tattoo and
body piercing establishment.
Any person over 18 years of age, other than an operator,
who renders any service in connection with the operation of tattoo
and body piercing establishments and receives compensation from the
operator of the business or its patrons.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing and body piercing
is performed, and any individual who performs or practices the art
of tattooing and body piercing on the person of another.
Includes any person authorized to practice osteopathic medicine
pursuant to the laws of the State of Delaware.
Any person over 16 years of age who receives a tattoo under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
Includes any person authorized to practice medicine pursuant
to the laws of the State of Delaware.
Refers to any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin with ink
or any other substance resulting in the coloration of the skin by
the aid of needles or any other instruments designed to puncture the
skin.
A.
No person shall engage in or carry on the business of operating a
tattoo or body piercing establishment unless he has a valid diploma
and is authorized to practice medicine or osteopathic medicine pursuant
to the laws of the State of Delaware and has a valid permit issued
by the City pursuant to the provisions of this article for each and
every separate office or place of business conducted by such person
within the City.
B.
No person shall tattoo the body of any other person or practice the
art of tattooing upon the person of another or engage in body piercing
upon the person of another unless it is done by a physician or osteopath
or by a person in the presence and under the direction of a physician
or osteopath.
Any person desiring a permit to operate a tattoo or body piercing
establishment shall file a written application with the City Manager
on a form to be furnished by the City Manager. The applicant shall
accompany the application with a tender of the correct permit fee,
as hereinafter provided, and shall, in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers of the business to
be conducted.
D.
The following personal information concerning the applicant, if an
individual, and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation, and concerning the partners, including
limited partners, if the applicant is a partnership, and concerning
the manager or other person principally in charge of the operation
of the business:
(1)
Name, complete residence address and residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight and color of hair and eyes.
(5)
Diploma, certificate or other written proof of graduation from a
recognized medical school by the person who shall be directly responsible
for the operation and management of the tattoo or body piercing establishments.
(6)
Certificate or other written proof that the physician or, osteopath
is authorized to practice medicine or osteopathic medicine, as the
case may be, within the State of Delaware.
E.
Authorization of the City, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application on the qualifications of the applicant for
the permit.
F.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
G.
Written declaration by the applicant, under penalty of perjury, that
the information contained in the application is true and correct,
and said declaration being duly dated and signed in the City.
Any person desiring a permit to do tattoos or engage in body
piercing shall file a written application with the City Manager on
a form to be furnished by the City Manager. The applicant shall tender
with the application the correct permit fee, as hereinafter provided,
and shall, in addition, furnish the following:
A.
The business address and all telephone numbers where the tattoo or
body piercing establishment is to be operated.
B.
The following personal information concerning the applicant:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight and color of hair and eyes.
(5)
Name, complete residence address and residence and all office telephone
numbers of the physician or osteopath who is to be in charge of the
tattoo or body piercing establishment.
(6)
A statement, in writing, from a licensed physician, other than the
physician or osteopath who is to be in charge of the tattoo or body
piercing establishment, that he has examined the applicant within
30 days of the date of the application and believes the applicant
to be free of all communicable diseases.
C.
Authorization for the City, it agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application of the qualifications of the applicant for
the permit.
D.
Written declaration by the applicant, under penalty of perjury, that
the information contained in the application is true and correct,
with said application being duly dated and signed in the City.
A.
Upon receiving the application for a tattoo or body piercing establishment
or for a permit to do tattooing or body piercing, the City Manager
shall review the application.
B.
In the case of applications for a tattoo or body piercing establishment
permit, the City Manager shall conduct or cause to be conducted an
investigation of the premises where the tattoo or body piercing establishment
is to be conducted, by the Board of Health, for the purpose of assuring
that the premises comply with all the sanitation requirements set
forth in this article and with the regulations of public health, safety
and welfare.
C.
Before any permit shall be issued under this article, the City Manager
shall first sign his approval of the application.
The City Manager shall issue a tattoo or body piercing establishment
permit within 45 days of receipt of the application, unless he finds
that:
A.
The correct permit fee has not been tendered to the City and, in
the case of a check or bank draft, honored with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including but not limited to
the City's building, zoning and health regulations.
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the application for the permit or in any document
required by the City in connection therewith.
D.
The applicant has operated a tattoo or body piercing establishment
and has had a license denied, revoked or suspended for any of the
above causes by the City or any other state or local agency within
two years prior to the date of the application.
E.
The applicant if an individual, or any of the officers and directors
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business
is not over the age of 21 years.
F.
The manager or other person principally in charge of the operation
of the tattoo or body piercing establishment is not a physician or
osteopath licensed to practice medicine or osteopathic medicine, as
the case may be, pursuant to the laws of the State of Delaware.
The tattoo or body piercing establishment permittee shall display
his permit and that of each and every person employed in the establishment
in an open and conspicuous place on the premises of the tattoo or
body piercing establishment.
[Amended 5-14-2018]
The permit fee for a tattoo or body piercing establishment shall
be as approved by the Mayor and City Council and indicated in the
fee schedules maintained by the City of Lewes.
Any permit issued pursuant to this article shall be subject
to suspension or revocation by the City Manager for violation of any
provision of this article or for any grounds that would warrant the
denial or issuance of such permit in the first place. The City Manager,
upon such revocation or suspension, shall state his reasons in writing,
specifying the particular grounds for such revocation or suspension.
No tattoo or body piercing establishment permit shall be transferable,
separable or divisible, and such authority as a permit confers shall
be conferred only on the permittee named therein.
Each tattoo or body piercing establishment shall comply with
the following requirements:
A.
The room in which tattooing or body piercing is done shall have an
area of not less than 100 square feet. The walls, floors and ceilings
shall have an impervious, smooth and washable surface.
B.
A water closet shall be located in the establishment and shall be
accessible at all times that the tattoo or body piercing establishment
is open for business. The lavatory shall be supplied with hot and
cold running water, soap and sanitary towels.
C.
All tables and other equipment shall be constructed of easily cleanable
material, shall be painted or finished in a light color with a smooth,
washable finish and shall be separated from waiting customers or observers
by a panel at least six feet or 1.83 meters high or by a door.
D.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
E.
The physician or osteopath who shall apply the tattoo or perform
the body piercing or the person working under the direction of a physician
or osteopath who shall apply the tattoo or perform the body piercing
shall wash his hands thoroughly with soap and water before starting
to tattoo or body pierce. The hands shall be dried with individual,
single-use towels.
F.
No tattooing or body piercing shall be done on any skin surface that
has a rash, pimples, boils or infections or manifests any evidence
of any other unhealthy condition.
G.
No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
birthmark, scar or tattoo.
H.
Safety razors with a new, single-surface blade for each customer
or patron or a straight-edged razor may be used and shall be thoroughly
cleaned and sterilized before use on each customer or patron.
I.
The area to be tattooed or body pierced shall be first thoroughly
washed for a period of two minutes with warm water to which has been
added an antiseptic liquid soap. A sterile, single-use sponge shall
be used to scrub the area. After shaving and before tattooing has
begun, a solution of 70% alcohol shall be applied to the area with
a single-use sponge used and applied with sterile gauze.
J.
Only petroleum jelly in collapsible metal or plastic tubes, or its
equivalent, as approved by the Board of Health, shall be used on the
area to be tattooed, and it shall be applied with sterile gauze.
K.
The use of styptic pencils, alum blocks or other solid styptics to
check the flow of blood is prohibited.
L.
Inquiry shall be made, and anyone giving a history of recent jaundice
or hepatitis shall not be tattooed or body pierced.
M.
Single-service or individual containers of dye or ink shall be used
for each patron, and the container therefor shall be discarded immediately
after completing work on a patron, and any dye in which the needles
were dipped shall not be used on another person. Excess dye or ink
shall be removed from the skin with an individual sterile sponge or
a disposable paper tissue which shall be used only on one person and
then immediately discarded. After completing work on any person, the
tattooed area shall be washed with sterile gauze and saturated with
an antiseptic soap solution approved by the Board of Health or a seventy-percent
alcohol solution. The tattooed area shall be allowed to dry, and petroleum
jelly from a collapsible [metal] or plastic tube shall be applied,
using sterile gauze. A sterile gauze dressing shall then be fastened
to the tattooed area with adhesive.
N.
All clean and ready-to-use needles and instruments shall be kept
in a closed glass or metal case or storage cabinet when not in use.
Such cabinet shall be maintained in a sanitary manner at all times.
O.
A steam sterilizer (autoclave) shall be provided for sterilizing
all needles and similar instruments before use on any patron. Alternate
sterilizing procedures may only be used when specifically approved
by the Board of Health in writing. Sterilization of equipment shall
be accomplished by exposure to live steam for at least 30 minutes
at a minimum pressure of 15 pounds per square inch at a temperature
of 240° F. or 116° C.
P.
The needles and instruments required to be sterilized shall be so
used, handled and temporarily placed during tattooing or body piercing
that they will not be contaminated.
Q.
Gloves shall be worn with any procedure that involves contact with
a patron's blood.
R.
No body piercing or tattooing of the tongue shall be permitted.
S.
Immediately after piercing or tattooing, the patron shall be advised
on the care of the site so body pierced or tattooed and to consult
with a physician at the first sign of infection.
T.
Forceps, accessory equipment and jewelry must be disinfected with
a chemical disinfectant registered by the Environmental Protection
Agency as being tuberculocidal when used at recommended dilutions.
U.
Needles shall not be bent or broken prior to disposal. Operator shall
take precautions to prevent injuries from contaminated needles.
V.
Needles shall be disposed of directly into a solid puncture-resistant
container.
W.
Needles as well as gloves, gauze and other materials saturated with
blood shall be discarded in a plastic bag and placed into a cardboard
box prior to off-site disposal. A written agreement for disposal of
such waste shall be with an authorized service for disposal of medical
waste.
Each tattoo or body piercing establishment shall maintain permanent
records for each patron. Before the tattooing or body piercing operation
begins, the patron shall be required personally to enter on a record
form provided for such establishments, the date, his or her name,
his or her address, his or her age and his or her signature and photo
identification. The records shall also provide that the patron does
not have any jaundice or hepatitis and if so, the date of such jaundice
or hepatitis. Such record shall be maintained in the tattoo or body
piercing establishment and shall be available for examination by the
Board of Health or its authorized representative. Such records shall
be maintained by the tattoo or body piercing establishment for a period
of not less than two years.
No patrons having any skin infection or any disease of the skin
or any communicable disease whatsoever shall be tattooed. All infections
resulting from the practice of tattooing or body piercing which become
known to the tattooing or body piercing establishment shall be promptly
reported to the Board of Health by the operator of the tattoo or body
piercing establishment, and the infected patron shall be referred
immediately to a physician.
All pigments, dyes, colors and any other material used in tattooing
shall be sterile and free from bacteria, virus particles and noxious
agents and substances, and the pigments, dyes and colors used from
stock solutions for each patron shall be placed in a single-service
receptacle, and such receptacle and remaining solution shall be discarded
after use on each patron.
All bandages and surgical dressings used in connection with
the tattooing or body piercing of a person shall be sterile.
Each tattoo or body piercing establishment shall have on the
premises when open for business a doctor or osteopath.
No tattoo or body piercing establishment shall permit any person
under the age of 16 years of age to come or remain on the premises
of any tattoo or body piercing establishment, unless such person is
on the premises on lawful business.
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept any alcoholic beverage
on the premises of any tattoo or body piercing establishment.
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $50 nor more than
$200 for each offense and, for the purposes of this article, a separate
offense shall be deemed to be committed on each day during or on which
a violation occurs or continues.
